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Discrimination & Harassment - Philosophy& Goals (BP 0201)

It is the policy of Fremont Unified School District to provide a school and work environment, which is free from discrimination and harassment.

District programs and activities shall be free from discrimination, hazing including harassment, with respect to the actual or perceived ethnic group, religion, gender, color, race, sex, ancestry, national origin, and physical or mental disability, age or sexual orientation.

The Governing Board shall ensure equal opportunities for all students in admission and access to the educational program, guidance and counseling programs, athletic programs, testing procedures, and other activities.  Eligibility for choral and cheerleading groups shall be determined solely on the basis of objective competencies.  School staff and volunteers shall carefully guard against segregation, bias and stereotyping in instruction, guidance and supervision.    

The schools shall provide male and female students with separate shower rooms and sex education classes in order to protect student modesty.  In physical education, if objective standards have an adverse effect on students because of their gender, race, sex, ethnic group or disability, other standards shall be used to measure achievement and create comparable educational opportunities.

The Board prohibits intimidation, hazing or harassment of any student by any employee, student or other person in the district.  Staff shall be alert and immediately responsive to student conduct which may interfere with another studentâs ability to participate in or benefit from school services, activities or privileges.

Students who harass other students shall be subject to appropriate discipline, up to and including counseling, suspension and/or expulsion.  An employee who permits or engages in harassment may be subject to disciplinary action, up to and including dismissal.

The Board prohibits retaliation in any form for the participation in complaint procedures, including but not limited to the filing of a complaint or the reporting of instances of discrimination.  Such participation shall not in any way affect the status, grades or work assignments of the complainant. 

The Board hereby designates the following position as Coordinator for Nondiscrimination:

Douglas M. Gephart - Associate Superintendent Human Resources
Equity/Title IX Coordinator
4210 Technology Drive, Fremont, CA  94538
510 659-2556

Any student who feels that he/she is being harassed should immediately contact either the nondiscrimination coordinator or the principal or designee.  If a situation involving harassment is not promptly remedied by the nondiscrimination coordinator, principal or designee, a complaint may be filed with the Superintendent or designee who shall determine which complaint procedure is appropriate.

The Board acknowledges and respects student and employee rights to privacy. Discrimination complaints shall be investigated in a manner that protects the confidentiality of the parties and the facts.  This includes keeping the identity of the complainant confidential except to the extent necessary to carry out the investigation or proceedings, as determined by the Superintendent or designee on a case-by-case basis.  

Related Board Policies:  Please read the Board Policies and Administrative Regulations below for a more complete understanding of the topic.

0201 Students:  Nondiscrimination/Harassment
1300 Non-Discrimination on the Basis of Sex (Title IX)
1312 Community Relations:  Complaints Concerning Schools and Employees
111 Affirmative Action (Employment)
4119 Personnel:  Sexual Harassment
5000 Discrimination Statement
5114.1 Hate Crimes  Students:  Degrading and Inflammatory Statements/Behavior
5114.3 Suspensions and Expulsions:  Due Process
5114.10 Students:  Sexual Harassment
5138 Student Expression/Student Appropriate Language
5145.4 Non-Discrimination
5146 Non-Discrimination for Free or Reduced Lunch
6115.1 Practices for School Holidays, Ceremonies, and Clubs
6144 Controversial Issues
6145.3 Equal Opportunity in Athletic Competition
1312.3 Uniform Complaint Procedure

Legal Reference:

EDUCATION CODE

200-262.4 Prohibition of discrimination on the basis of sex, especially:
221.5 Prohibited sex discrimination
221.7 School-sponsored athletic programs; prohibited sex discrimination
32050 Hazing
32051 Hazing prohibition; violation; misdemeanor
48900.3 Suspension or expulsion for act of hate violence
51500 Prohibited instruction or activity
51501 Prohibited means of instruction
60044 Prohibited instructional materials

CALIFORNIA CODE OF REGULATIONS

Chapter 5.3 Nondiscrimination and Educational Equity for Section 4900

CIVIL CODE

1714.1 Liability of parents/guardians for willful misconduct of minor

CODE OF REGULATIONS, TITLE 5 CHAPTER 5.3

NONDISCRIMINATION/EDUCATIONAL EQUITY

4621 District policies and procedures
4622 Notice requirements

PENAL CODE

422.6 Interference with constitutional right or privilege

UNITED STATES CODE, TITLE 42

2000d-2000e-17 Title VI & VII Civil Rights Act of 1964 as amended
2000h-2-2000h-6 Title IX, 1972 Education Act Amendments

CODE OF FEDERAL REGULATIONS, TITLE 34

100.3a Prohibition of discrimination on basis of race, color and national origin
104.7 Designation of responsible employee for Section 504
106.8 Designation of responsible employee for Title IX
106.9 Notification of nondiscrimination on basis of sex

Management Resources:

OFFICE OF CIVIL RIGHTS

Notice of Non-Discrimination, January, 1999

WEB SITES

OCR:http://www.ed.gov/offices/OCR


Last Modified on April 5, 2011