San Juan Unified School District

Nondiscrimination

The Board of Education is committed to equal opportunity for all individuals in education. District programs, activities and services shall be free from unlawful discrimination, harassment, intimidation, and/or bullying based on actual or perceived sex, race, color, national origin, religion, age, sexual orientation, sexual preference, ancestry, ethnic group identification, gender, physical or mental disability, or on the basis of a person's association with a person or group with one or more of these actual or perceived characteristics, or sexual harassment in any district service, program and/or activity that receives or benefits from state financial assistance. The Board shall promote programs which ensure that unlawful discriminatory practices are eliminated in all district activities.

Any student who engages in discrimination may be subject to disciplinary action up to and including expulsion. Any employee who permits or engages in unlawful discrimination may be subject to disciplinary action up to and including dismissal.

Sexual Harassment

The District has adopted a strict policy containing rules and procedures for reporting sexual harassment and pursuing remedies and is committed to maintaining an educational environment that is free from harassment, including school, or school-sponsored or school-related activities.

The Board of Education prohibits unlawful sexual harassment of or by anyone (including students and employees) in or from the district. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical contact of a sexual nature made by someone from or in the work or educational setting. Any student who engages in sexual harassment of another student or anyone from the district may be subject to disciplinary action up to and including expulsion. Any employee who permits or engages in sexual harassment may be subject to disciplinary action up to and including dismissal.

To File a Complaint

The District is primarily responsible for compliance with federal and state laws and regulations, including allegations that a student has been required to pay a pupil fee (as defined in Education Code section 49010), for participation in an educational activity (as defined in Education Code section 49011), other than those fees, deposits or other charges allowed by law. Any student, staff member, or parent who feels that unlawful discrimination, harassment, intimidation, and/or bullying or sexual harassment has occurred,  or that a student has been required to pay an unlawful pupil fee, should immediately contact a teacher, the school principal, or district Title IX/Compliance Officer. A formal complaint may be initiated at the school or by directly contacting the Title IX/Compliance Officer. Copies of the Uniform Complaint Form may be obtained from the school office or Title IX/Compliance Officer. Copies of the complaint procedures shall be available free of charge.

1.                   Filing a Complaint: Obtain a copy of the Uniform Complaint Form from the school or Title IX/Compliance Officer. Submit the complaint form to the school principal or Title IX/Compliance Officer.

2.                   Investigation: The District will investigate the complaint and provide a written report of the investigation and decision within 40 days of when the complaint is filed.

3.                   Mediation: Mediation is optional. It involves a third party who assists the parties in resolving the dispute. If mediation is used, the time lines are extended by 30 days.

4.                   Appeals: If the person making the complaint disagrees with the District’s decision, he/she has 5 days to appeal the decision to the school district Board of Education; or alternatively, 15 days to appeal the decision to the California Department of Education.

5.                   A person filing a complaint may also seek civil law remedies, subject to certain time lines.

6.                   At any time, a complainant has the right to file a complaint alleging violations of federal laws or regulations, prohibiting unlawful discrimination including harassment on the basis of actual or perceived sex, race, color, national origin, religion, age, sexual orientation, sexual preference, ancestry, ethnic group identification, gender, physical or mental disability, or on the basis of a person's association with a person or group with one or more of these actual or perceived characteristics with the United States Department of Education, Office for Civil Rights, 50 Beale Street, Suite 7200, San Francisco, CA 94105.

Complaints will be kept as confidential as appropriate.

The District prohibits retaliation against any participant in the complaint process. Each complaint shall be investigated promptly and in a way that respects the privacy of all parties concerned.

If you have a complaint, contact a teacher, principal, site administrator, or:

Title IX/Compliance Officer

Linda C. T. Simlick

General Counsel

P.O. Box 477

Carmichael, CA 95609-0477

Telephone: 916-971-7110

03/13

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