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Policies and Procedures » Discrimination Policy

Discrimination Policy

Nondiscrimination

The SAE does not discriminate against any student or employee on the basis of actual or perceived disability, gender, gender identity, gender expression, nationality, race or ethnicity, immigration status, religion, religious affiliation, sexual orientation, or any other characteristic that is contained in the definition of hate crimes in the California Penal Code.

 

The SAE adheres to all provisions of federal law related to students with disabilities including, but not limited to, Section 504 of the Rehabilitation Act of 1973 , Title II of the Americans with Disabilities Act of 1990 and the Individuals with Disabilities in Education Improvement Act of 2004. Section 504 Policies and procedures are available through the Main Campus Office.

 

The SAE is committed to providing a work and educational atmosphere that is free of unlawful harassment under Title IX of the Education Amendments of 1972(sex), Title IV, VI and VII of the Civil Rights Act of 1964 (race, color, or national origin), The Age Discrimination in Employment Act of 1967, The Age Discrimination Act of 1975, the IDEIA, and Section 504 and Title II of the ADA. (mental or physical disability). The SAE also prohibits sexual harassment, including cyber sexual bullying, and harassment based upon pregnancy, childbirth or related medical conditions, race, religion, religious affiliation, creed, color, immigration status, gender, gender identity, gender expression, national origin or ancestry, physical or mental disability, medical condition, marital status, age, sexual orientation, or any other basis protected by federal, state, local law, ordinance or regulation. The SAE does not condone or tolerate harassment of any type, including discrimination, intimidation, or bullying, including cyber sexual bullying, by any employee, independent contractor or other person with which The SAE does business, or any other individual, student, or volunteer. This applies to all employees, students, or volunteers and relationships, regardless of position or gender. The SAE will promptly and thoroughly investigate any complaint of harassment and take appropriate corrective action, if warranted. Inquires, complaints, or grievances regarding harassment as described in this section, above, should be directed to the SAE Uniform Complaint Procedures (“UCP”) Compliance Officer: Lucille Berger, Executive Director, at (909) 622-0699.

 

Title IX, Harassment, Intimidation, Discrimination & Bullying

The SAE believes all students have the right to a safe and civil learning environment. Discrimination, sexual harassment, harassment, intimidation, and bullying are all disruptive behaviors which interfere with students’ ability to learn, negatively affect student engagement, diminish school safety, and contribute to a hostile school environment. As such, The SAE prohibits any acts of discrimination, sexual harassment, harassment, intimidation, and bullying altogether. This policy is inclusive of instances that occur on any area of the school campuses, at school-sponsored events and activities, regardless of location, through school-owned technology, and through other electronic means, consistent with this policy.

As used in this policy, “discrimination, sexual harassment, harassment, intimidation, and bullying” describe the intentional conduct, including verbal, physical, written communication, or cyberbullying, including cyber sexual bullying, that is based on the actual or perceived characteristics of disability, pregnancy, gender, gender identity, gender expression, nationality, ancestry, race or ethnicity, immigration status, religion, religious affiliation, sexual orientation, childbirth or related medical conditions, marital status, age or association with a person or group with one or more of these actual or perceived characteristics or any other basis protected by federal, state, local law, ordinance or regulation

In addition, bullying encompasses any conduct described in the definitions set forth in this Policy. Hereafter, such actions are referred to as “misconduct prohibited by this Policy.” To the extent possible, The SAE will make reasonable efforts to prevent students from being discriminated against, harassed, intimidated and/or bullied, and will take action to investigate, respond, and address any reports of such behaviors in a timely manner. The SAE staff who witness acts of misconduct prohibited by this Policy will take immediate steps to intervene, so long as it is safe to do so.

Moreover, The SAE will not condone or tolerate misconduct prohibited by this Policy by any employee, independent contractor or other person with which The SAE does business, or any other individual, student, or volunteer. This policy applies to all employee, student, or volunteer actions and relationships, regardless of position or gender. The SAE will promptly and thoroughly investigate any complaint of such misconduct prohibited by this Policy and take appropriate corrective action, if warranted.

 

Title IX, Harassment, Intimidation, Discrimination and Bullying Coordinator:

 

Lucille Berger

Executive Director

(909) 622-0699

 

Definitions

Prohibited Unlawful Harassment

  • Verbal conduct such as epithets, derogatory jokes or comments or slurs
  • Physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering with school because of sex, race or any other protected basis
  • Retaliation for reporting or threatening to report harassment
  • Deferential or preferential treatment based on any of the protected classes above

 

Prohibited Unlawful Harassment under Title IX

Title IX (20 U.S.C. § 1681 et. seq; 34 C.F.R. § 106.1 et. seq) and California state law prohibit harassment on the basis of sex. In accordance with these existing laws, discrimination on the basis of sex in education institutions is prohibited. All persons, regardless of sex, are afforded equal rights and opportunities and freedom from unlawful discrimination in education programs or activities conducted by The SAE.

The SAE is committed to providing an educational environment free of sexual harassment and considers such harassment to be a major offense, which may result in disciplinary action.

 

Sexual harassment consists of sexual advances, request for sexual favors and other verbal or physical conduct of a sexual nature when: (a) Submission to the conduct is explicitly or implicitly made a term or a condition of an individual's education, academic status, or progress; (b) submission to, or rejection of, the conduct by the individual is used as the basis of educational or academic decisions affecting the individual; (c) the conduct has the purpose or effect of having a negative impact upon the individual's academic performance, or of creating an intimidating, hostile, or offensive educational environment; and/or (d) submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.

It is also unlawful to retaliate in any way against an individual who has articulated a good faith concern about sexual harassment against him/her or against another individual.

 

Sexual harassment may include, but is not limited to:

  • Physical assaults of a sexual nature, such as:
  • Rape, sexual battery, molestation or attempts to commit these assaults and
  • Intentional physical conduct that is sexual in nature, such as touching, pinching, patting, grabbing, brushing against another’s body, or poking another’s body
  • Unwanted sexual advances, propositions or other sexual comments, such as:
  • Sexually oriented gestures, notices, remarks, jokes, or comments about a person’s sexuality or sexual experience
  • Preferential treatment or promises of preferential treatment to an individual for submitting to sexual conduct, including soliciting or attempting to solicit any individual to engage in sexual activity for compensation or reward or deferential treatment for rejecting sexual conduct
  • Subjecting or threats of subjecting a student to unwelcome sexual attention or conduct or intentionally making the student’s academic performance more difficult because of the student’s sex.
  • Sexual or discriminatory displays or publications anywhere in the educational environment, such as:
  • Displaying pictures, cartoons, posters, calendars, graffiti, objections, promotional materials, reading materials, or other materials that are sexually suggestive, sexually demeaning or pornographic or bringing or possessing any such material to read, display or view in the educational environment
  • Reading publicly or otherwise publicizing in the educational environment materials that are in any way sexually revealing, sexually suggestive, sexually demeaning or pornographic, and
  • Displaying signs or other materials purporting to segregate an individual by sex in an area of the educational environment (other than restrooms or similar rooms)

 

The illustrations of harassment and sexual harassment above are not to be construed as an all-inclusive list of prohibited acts under this Policy.

 

Prohibited Bullying “ Bullying ” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a student or group of students which may be deemed as hate violence, sexual harassment, harassment, threats, or intimidation, or creates an intimidating and/or hostile educational environment, which are directed toward one or more students that has or can be reasonably predicted to have the effect of one or more of the following:

 

  1. Placing a reasonable student (defined as a student, including, but is not limited to, a student with exceptional needs, who exercises average care, skill, and judgment in conduct for a person of his or her age, or for a person of his or her age with exceptional needs) or students in fear of harm to that student’s or those students’ person or property.
  2. Causing a reasonable student to experience a substantially detrimental effect on his or her physical or mental health.
  3. Causing a reasonable student to experience substantial interference with his or her academic performance.
  4. Causing a reasonable student to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by The SAE.

 

“Cyberbullying” is an electronic act that includes the transmission of harassing communication, direct threats, or other harmful texts, sounds, or images on the Internet, social media, or other technologies using a telephone, computer, or any wireless communication device. Cyberbullying also includes breaking into another person’s electronic account and assuming that person’s identity in order to damage that person’s reputation.

 

“Electronic Act” means the creation and transmission originated on or off the school site, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:

  1. A message, text, sound, video or image.
  2. Taking pictures and/or recordings of students, staff, or guests without their knowledge and/or permission.
  3. A post on a social network Internet Web site including, but not limited to:
  4. Posting to or creating a burn page. A “burn page” means an Internet Web site created for the purpose of having one or more of the effects as listed in the definition of “bullying,” above.
  5. Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in the definition of “bullying,” above.

“Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.

  1. Creating a false profile for the purpose of having one or more of the effects listed in the definition of “bullying,” above. “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.
  2. An act of “Cyber sexual bullying” including, but not limited to:
  3. The dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in definition of “bullying,” above. A photograph or other visual recording, as described above, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
  4. “Cyber sexual bullying” does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.
  5. Notwithstanding the definitions of “bullying” and “electronic act” above, an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet.

 

Grievance Procedures

 

Reporting

All staff members are expected to provide appropriate supervision to enforce standards of conduct and, if they observe or become aware of misconduct prohibited by this Policy, to intervene as soon as it is safe to do so, call for assistance, and report such incidents. The Board requires staff

to follow the procedures in this policy for reporting alleged acts of misconduct prohibited by this

Policy.

All other members of the school community, including parents/guardians, volunteers, visitors, who have witnessed such prohibited misconduct and students who have witnessed such prohibited misconduct or believe they have been subject to misconduct prohibited by this Policy are encouraged to immediately report any act that may be a violation of this policy to the Coordinator:

 

Lucille Berger

Executive Director

(909) 622-0699

 

Complaints regarding such misconduct may also be made to the U.S. Department of Education, Office for Civil Rights.

 

While submission of a written report is not required, the reporting party is encouraged to use the report form available in the Main Office. However, oral reports shall also be considered official reports.

Reports may be made anonymously, but formal disciplinary action cannot be based solely on anonymous information.

 

Students are expected to report all incidents of misconduct prohibited by this Policy teasing, or other verbal or physical abuses. Any student who feels she/he is a target of such behavior should immediately contact a teacher, counselor, Executive Director, the Coordinator, a staff person or a family member so that she/he can get assistance in resolving the issue consistent with this Policy.

 

The SAE acknowledges and respects every individual’s rights to privacy. To that end, consistent with legal requirements, all reports shall be investigated in a manner that protects the confidentiality of the parties and the integrity of the process to the greatest extent possible. This includes keeping the identity of the reporter confidential, as appropriate, except to the extent necessary to carry out the investigation and/or to resolve the issue, as determined by the Coordinator or administrative designee on a case-by-case basis.

 

The SAE prohibits any form of retaliation against any reporter in the reporting process, including but not limited to a reporter’s filing of a complaint or the reporting of instances of misconduct prohibited by this

Policy. Such participation shall not in any way affect the status, grades or work assignments of the reporter.

 

All supervisors of staff will receive sexual harassment training within six (6) months of their assumption of a supervisory position and will receive further training once every two (2) years thereafter. All staff will receive sexual harassment training and/or instruction concerning sexual harassment as required by law.

 

Upon receipt of a report of misconduct prohibited by this Policy from a student, staff member, parent, volunteer, visitor or affiliate of The SAE, the Coordinator or designee will promptly initiate an investigation.

 

At the conclusion of the investigation, the Coordinator or designee will notify the complainant of the outcome of the investigation., to the extent possible with respect to confidentiality laws However, in no case may the Coordinator or designee reveal confidential information related to other students or employees, including the type and extent of discipline issued against such students or employees.

 

Complaints shall be investigated and resolved within thirty (30) school days, unless circumstances reasonably require additional time. If the Coordinator, or administrative designee determines that an investigation will take longer, he or she will inform the complainant and any other relevant parties and provide an approximate date when the investigation will be complete.

 

All records related to any investigation of complaints under this Policy will remain in a secure location in the Main Office of The SAE.

In those instances, when the complaint filed under this Policy also requires investigation under the

Uniform Complaint Procedures, such investigation will be undertaken concurrently.

 

Appeal

Should the Complainant find the Coordinator’s or designee’s resolution unsatisfactory, he/she may within five (5) school days of the date of resolution, file an appeal with the Designated Appeals Committee. In The SAE Student-Parent Handbook 2018-19 31 of 96 such cases, at least three (3) certificated School employees who are unfamiliar with the case and who have been previously designated and trained for this purpose shall be assembled to conduct a confidential review of the Complainant’s appeal and render a final disposition.

 

False Accusations/Allegations

False accusations/allegations do not have a place at The SAE and can constitute a form of bullying and/or harassment. Students who knowingly falsely report a crime or school infraction against another student, staff member, or guest of The SAE will be subject to disciplinary action and in some cases, may be subject to legal action.

 

Consequences

Students or employees who engage in misconduct prohibited by this Policy may be subject to disciplinary action, up to and including suspension and/or expulsion, as outlined in the Student Discipline Policy of The SAE.

 

Hate Crime and Bigotry

Hate crimes are considered to be any criminal act committed against an individual or the school motivated by bigotry based on race or ethnicity, color, religion, ancestry, nationality, national origin, political affiliation, gender, sexual orientation, age or disability or association with a person or group with one or more of these actual or perceived characteristics.

Bigotry includes, but is not limited to slurs or name-calling, violence, and threats of violence based on race or ethnicity, color, religion, ancestry, nationality, national origin, political affiliation, gender, sexual orientation, age or disability or association with a person or group with one or more of these actual or perceived characteristics. Hate crimes and bigotry will be addressed by school staff and may result in disciplinary action, dismissal from The SAE, and a police report.