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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
student’s 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 |
