Original Adopted Date: 02/16/1993 | Last Revised Date: 01/16/2024 | Last Reviewed Date: 01/16/2024

Discrimination/Harassment/Intimidation

The Governing Board is committed to maintaining an educational environment that is free of sexual harassment, discrimination, harassment, or intimidation. The Board is committed to ensuring equal opportunities for all students in admission and access to the District's educational programs, guidance and counseling programs, athletic programs, testing procedures, and other activities. District programs and activities shall be free from discrimination, including harassment, with respect to a student's actual or perceived sex, gender, ethnic group, religion, color, identification, race, ancestry, national origin, physical or mental disability, age, or sexual orientation.

The Board prohibits the unlawful sexual harassment, discrimination, harassment, or intimidation targeted at any student by anyone or at school-related or school sponsored activities. The Board also prohibits retaliatory behavior or action against persons who complain, testify, assist, or otherwise participate in the complaint process in alleging sexual harassment established pursuant to this policy and the administrative regulation. Prohibited harassment includes physical, verbal, nonverbal, or written conduct based on one of the categories listed above that creates an intimidating, threatening, hostile, or offensive educational environment; has the purpose or effect of substantially or unreasonably interfering with a student's academic performance; that is so severe and pervasive that it affects a student's ability to participate in or benefit from an educational program or activity; or otherwise adversely affects the student's educational opportunities. 

The district strongly encourages students who feel that they are being or have been sexually harassed on school grounds or at a school-sponsored or school-related activity by another student or an adult, or who have experienced off-campus sexual harassment that has a continuing effect on campus, to immediately contact their teacher, the principal, the district’s Title IX Coordinator, or any other available school employee. Any employee who receives a report or observes an incident of sexual harassment shall notify the Title IX Coordinator.  

Once notified, the Title IX Coordinator shall ensure the complaint or allegation is addressed through AR 5145.71 – Title IX Sexual Harassment Complaint Procedures or BP/AR 1312.3 – Uniform Complaint Procedures, as applicable. Because a complaint or allegation that is dismissed or denied under the Title IX complaint procedure may still be subject to consideration under state law, the Title IX Coordinator shall ensure that any implementation of AR 5145.71 concurrently meets the requirements of BP/AR 1312.3. The Title IX Coordinator shall offer supportive measures to the complainant and respondent, as deemed appropriate under the circumstances. (EC Section 231.5(c))

(cf. 0410 – Nondiscrimination in District Programs and Activities)
(cf. 1312.1 - Complaints Concerning District Employees)
(cf. 1312.3 – Uniform Complaint Procedures)
(cf. 5131 – Conduct)
(cf. 5131.2 – Bullying)
(cf. 5137 – Positive School Climate)
(cf. 5141.4 - Child Abuse Prevention and Reporting)
(cf. 5145.3 – Nondiscrimination/Harassment)
(cf. 5145.71 – Title IX Sexual Harassment Complaint Procedures)

The Superintendent or designee shall inform students and parents/guardians of the district’s sexual harassment policy by disseminating it through parent/guardian notifications, publishing it on the district’s web site, and including it in student and staff handbooks. All district staff shall be trained regarding the policy. (EC Section 231.5(e))

Instruction/Information

The Superintendent or designee shall ensure that all district students receive age-appropriate instruction and information related to sexual harassment, discrimination, harassment, or intimidation. Such instruction and information shall include:  

1. What acts and behavior constitute sexual harassment, discrimination, harassment, or intimidation including the fact that sexual harassment could occur between people of the same gender and could involve sexual violence
2. A clear message that students do not have to endure sexual harassment, discrimination, harassment, or intimidation under any circumstance  
3. Encouragement to report observed instances of sexual harassment, discrimination, harassment, or intimidation even where the alleged victim of the harassment has not complained  
4. A clear message that student safety is the district’s primary concern, and that any separate rule violation involving an alleged victim of any other person reporting a sexual harassment incident will be addressed separately and will not affect the manner in which the sexual harassment complaint will be received, investigated, or resolved  
5. A clear message that, regardless of a complainant's noncompliance with the writing, timeline, or other formal filing requirements, every sexual harassment allegation that involves a student, whether as the complainant, respondent, or victim of the harassment, shall be investigated and action shall be taken to respond to harassment, prevent recurrence, and address any continuing effect on students.  
6. Information about the district’s procedures for investigating complaints and the person(s) to whom a report of sexual harassment, discrimination, harassment, or intimidation should be made.  
7. Information about the rights of students and parents/guardians to file a civil or criminal complaint, as applicable, including the right to file a civil or criminal complaint while the district investigation of a sexual harassment complaint continues.  

A clear message that, when needed, the district will implement supportive measures to ensure a safe school environment for a student who is the complainant or victim of sexual harassment and/or other students during an investigation.  

School staff and volunteers shall carefully guard against segregation, bias, and stereotyping in the delivery of services including, but not limited to, instruction, guidance, supervision, and extra- curricular activities.  

The Superintendent or designee shall ensure that staff receive training on recognizing sexual harassment, discrimination, harassment, or intimidation and on strategies to help respond appropriately to such behavior.  

The principal or designee shall develop a plan to provide students with appropriate accommodations when necessary for their protection from threatened or potentially harassing or discriminatory behavior.  

The Superintendent or designee shall ensure that staff receive training on recognizing sexual harassment, discrimination, harassment, or intimidation strategies to help reduce incidents of sexual harassment, discrimination, harassment, or intimidation.  

Students who engage in sexual harassment, discrimination, harassment, or intimidation in violation of law, Board policy, or administrative regulation shall be subject to appropriate discipline, up to and including counseling, suspension, and/or expulsion. Any employee who permits or engages in harassment or prohibited discrimination shall be subject to disciplinary action, up to and including dismissal.  

Complaint Process  

Any student who feels that he/she is being or has been subjected to sexual harassment, discrimination, harassment, or intimidation shall immediately contact his/her teacher or any other employee. A school employee to whom a complaint is made shall, within 24 hours of receiving the complaint, report it to the principal or designee.  

Any school employee who observes any incident of sexual harassment, discrimination, harassment, or intimidation involving a student shall report this observation to the principal or designee, whether or not the victim files a complaint.  

In any case of sexual harassment, discrimination, harassment, or intimidation involving the principal or any other district employee to whom the complaint would ordinarily be made, the employee who received the student's report or who observes the incident shall report to the Nondiscrimination Coordinator/Title IX Coordinator, Superintendent, or designee.  

The Board hereby designates the following position as Coordinator for Nondiscrimination/Title IX Coordinator to handle complaints regarding sexual harassment, discrimination, harassment, or intimidation and inquiries regarding the district's nondiscrimination policies:  

Director, Human Resources Development  
31350 Rancho Vista Road  
Temecula, CA 92592  
(951) 506-7950  

Grievance Procedures  

The principal or designee to whom a complaint of sexual harassment, discrimination, harassment, or intimidation is reported shall immediately investigate the complaint in accordance with administrative regulation. Where the principal or designee finds that any sexual harassment, discrimination, harassment, or intimidation occurred, he/she shall take prompt, appropriate action to end the behavior and address its effects on the victim. The principal or designee shall also advise the victim of any other remedies that may be available. The principal or designee shall file a report with the Superintendent or designee and refer the matter to law enforcement authorities, where required.  

The Superintendent or designee shall ensure that the student handbook clearly describes the district's sexual harassment, nondiscrimination, harassment free, and intimidation free school environment policies; procedures for filing a complaint regarding sexual harassment, discrimination, harassment, or intimidation and the resources that are available to students who feel that they have been the victim of sexual harassment, discrimination, harassment or intimidation. The district's policy will also be posted on the district website or any other location that is easily accessible to students.  

The Governing Board shall annually review district progress on and data related to creating harassment, bias and discrimination free educational environments including, but not limited to, school climate surveys and student discipline reports related to harassment.  

Disciplinary Measures  

Upon completion of an investigation of a sexual harassment complaint, any student who engages in the sexual harassment or sexual violence, discrimination, harassment, or intimidation of anyone at school or at a school-sponsored activity is in violation of this policy and shall be subject to disciplinary action. For students in grades 4 through 12, the disciplinary action may include suspension and/or expulsion, provided that, in imposing such discipline, the entire circumstances of the incident(s) shall be taken into account.  

(cf. 5144 - Discipline)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))  

Upon investigation of a sexual harassment complaint, any employee found to have engaged in sexual harassment or sexual violence toward any student shall be subject to disciplinary action, up to and including dismissal, in accordance with law and the applicable collective bargaining agreement.
 
(cf. 4117.7/4317.7 - Employment Status Report)
(cf. 4118 – Dismissal/Suspension/Disciplinary Action)
(cf. 4119.11/4219.11/4319.11 – Sexual Harassment)
(cf. 4218 – Dismissal/Suspension/Disciplinary Action)  

Confidentiality and Record-Keeping  

In accordance with law and district policies and regulations, the Superintendent or designee shall maintain a record of all reported cases of sexual harassment, discrimination, harassment, or intimidation to enable the District to monitor, address, and prevent repetitive harassing behavior in its schools.  All complaints and allegations of sexual harassment shall be kept confidential except as necessary to carry out the investigation or take other subsequent necessary action. (5 CCR 4964).  

(cf. 3580 - District Records) 

EDUCATION CODE - EDC

TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. )

DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. )

PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. )

CHAPTER 2. Educational Equity [200 - 262.4] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ARTICLE 4. Sex Equity in Education Act [221.5 - 231.6]

( Article 4 heading added by Stats. 1998, Ch. 914, Sec. 18. )

The following list of rights, which are based on the relevant provisions of the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), may be used by the department for purposes of Section 221.6:

1. You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
   
   
2. You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
   
   
3. You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
   
   
4. You have the right to apply for athletic scholarships.
   
   
5. You have the right to receive equitable treatment and benefits in the provision of all of the following:

• • Equipment and supplies.
  • Scheduling of games and practices.
  • Transportation and daily allowances.
  • Access to tutoring.
  • Coaching.
  • Locker rooms.
  • Practice and competitive facilities.
  • Medical and training facilities and services.
  • Publicity.
  • You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
  • You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
  • You have the right to file a confidential discrimination complaint with the United States Office of Civil Rights or the State Department of Education if you believe you have been discriminated against or if you believe you have received unequal treatment on the basis of your sex.
  • You have the right to pursue civil remedies if you have been discriminated against.
  • You have the right to be protected against retaliation if you file a discrimination complaint.

(Added by renumbering Section 271 by Stats. 2015, Ch. 43, Sec. 3. (AB 1538) Effective January 1, 2016.)