5145.3 BP - Nondiscrimination/Harassment

Students                
Board Policy No. 5145.3 
Policy approved: September 6, 2018
Policy Revised: Feb. 8, 2024

Nondiscrimination/Harassment

This policy shall apply to all acts constituting unlawful discrimination or harassment related to school activity or to school attendance occurring within a district school, to acts which occur off campus or outside of school-related or school-sponsored activities but which may have an impact or create a hostile environment at school, and to all acts of the Governing Board and the Superintendent in enacting policies and procedures that govern the district.

The Board desires to provide a welcoming, safe, and supportive school environment that allows all students equal access to and opportunities in the district's academic, extracurricular, and other educational support programs, services, and activities. The Board prohibits, at any district school or school activity, unlawful discrimination, including discriminatory harassment, intimidation, and bullying, targeted at any student by anyone, based on the student's actual or perceived race, color, ancestry, nationality, national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or association with a person or group with one or more of these actual or perceived characteristics.

Unlawful discrimination, including discriminatory harassment, intimidation, or bullying, may result from physical, verbal, nonverbal, or written conduct based on any of the categories listed above. Unlawful discrimination also occurs when prohibited conduct is so severe, persistent, or pervasive that it affects a student's ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive educational environment; has the effect of substantially or unreasonably interfering with a student's academic performance; or otherwise adversely affects a student's educational opportunities.

Unlawful discrimination also includes disparate treatment of students based on one of the categories above with respect to the provision of opportunities to participate in school programs or activities or the provision or receipt of educational benefits or services.

Because unlawful discrimination may occur when disciplining students, including suspension and expulsion, the Superintendent or designee shall ensure that staff enforce discipline rules fairly, consistently and in a non-discriminatory manner, as specified in Board Policy and Administrative Regulation 5144 - Discipline, Board Policy and Administrative Regulation 5144.1 - Suspension and Expulsion/Due Process, and Administrative Regulation 5144.2 - Suspension and Expulsion/Due Process (Students With Disabilities).

The Board also prohibits any form of retaliation against any individual who reports or participates in the reporting of unlawful discrimination, files or participates in the filing of a complaint, or investigates or participates in the investigation of a complaint or report alleging unlawful discrimination. Retaliation complaints shall be investigated and resolved in the same manner as a discrimination complaint.

The Superintendent or designee shall facilitate students' access to the educational program by publicizing the district's nondiscrimination policy and related complaint procedures to students, parents/guardians, and employees. In addition, the Superintendent or designee shall post the district's policies prohibiting discrimination, harassment, intimidation, and bullying and other required information on the district's website in a manner that is easily accessible to parents/guardians and students, in accordance with law and the accompanying administrative regulation. (Education Code 234.1, 234.6)

The Superintendent or designee shall provide training and/or information on the scope and use of the policy and complaint procedures and take other measures designed to increase the school community's understanding of the requirements of law related to discrimination. The Superintendent or designee shall regularly review the implementation of the district's nondiscrimination policies and practices and, as necessary, shall take action to remove any identified barrier to student access to or participation in the district's educational program. The Superintendent or designee shall report the findings and recommendations to the Board after each review.

Regardless of whether a complainant complies with the writing, timeline, and/or other formal filing requirements, all complaints alleging unlawful discrimination, including discriminatory harassment, intimidation, or bullying, shall be investigated and prompt action taken to stop the discrimination, prevent recurrence, and address any continuing effect on students.

Students who engage in unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, in violation of law, Board policy, or administrative regulation shall be subject to appropriate consequence or discipline, which may include suspension or expulsion when the behavior is severe or pervasive as defined in Education Code 48900.4. Any employee who permits or engages in prohibited discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, shall be subject to disciplinary action, up to and including dismissal.

All allegations of unlawful discrimination in district programs and activities shall be brought, investigated, and resolved in accordance with Board Policy 1312.3 - Uniform Complaint Procedures.

Record-Keeping
The Superintendent or designee shall maintain a record of all reported cases of unlawful discrimination, including discriminatory harassment, intimidation, or bullying, to enable the district to monitor, address, and prevent repetitive prohibited behavior in district schools.

Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.
State Code
5 CCR 432, Student records
5 CCR 4600-4670, Uniform complaint procedures
5 CCR 4900-4965, Nondiscrimination in elementary and secondary educational programs receiving state or federal

financial assistance
Civ. Code 1714.1, Liability of parent or guardian for act of willful misconduct by a minor
Education Code
Ed. Code 200-262.4, Prohibition of discrimination
Ed. Code 48900.3, Suspension or expulsion for act of hate violence
Ed. Code 48900.4, Suspension or expulsion for harassment, threats, or intimidation
Ed. Code 48904, Liability of parent/guardian for willful student misconduct
Ed. Code 48907, Exercise of free expression; time, place and manner rules and regulations
Ed. Code 48950, Speech and other communication
Ed. Code 48985, Notices to parents in language other than English
Ed. Code 49020-49023, Athletic programs

Ed. Code 49060-49079, Student records
Ed. Code 51204.5, Social sciences instruction; contributions of specified groups
Ed. Code 51500, Prohibited instruction or activity
Ed. Code 51501, Nondiscriminatory subject matter
Ed. Code 60010, Instructional materials; definition
Ed. Code 60040-60052, Requirements for instructional materials
Gov. Code 11135, Prohibition of discrimination
Pen. Code 422.55, Definition of hate crime
Pen. Code 422.6, Crimes; harassment
Federal Code
20 USC 1681-1688, Title IX of the Education Amendments of 1972; discrimination based on sex
28 CFR 35.107, Nondiscrimination on basis of disability; complaints
29 USC 794, Rehabilitation Act of 1973; Section 504
34 CFR 100.3, Prohibition of discrimination on basis of race, color or national origin
34 CFR 104.7, Section 504; Designation of responsible employee and adoption of grievances procedures
34 CFR 104.8, Notice of Nondiscrimination on the Basis of Handicap
34 CFR 106.45, Grievance process for formal complaints of sexual harassment
34 CFR 106.8, Designation of coordinator; dissemination of policy, and adoption of grievance procedures
34 CFR 110.25, Prohibition of discrimination based on age

34 CFR 99.31, Disclosure of personally identifiable information
42 USC 12101-12213, Americans with Disabilities Act
42 USC 2000d-2000e-17, Title VI and Title VII Civil Rights Act of 1964, as amended
42 USC 2000h-2-2000h-6, Title IX of the Civil Rights Act of 1964
42 USC 6101-6107, Age Discrimination Act of 1975
Management Resources
34 CFR 106.30, Discrimination on the basis of sex; definitions
CA Office of the Attorney General Publication, Promoting a Safe and Secure Learning Environment for All: Guidance
and Model Policies to Assist California's K-12 Schools in Responding to Immigration Issues, April 2018

California Department of Education Publication, California Longitudinal Pupil Achievement Data System (CALPADS)
Update FLASH #158: Guidance for Changing a Student’s Gender in CALPADS, July 2019
Court Decision, Donovan v. Poway Unified School District, (2008) 167 Cal.App.4th 567
Court Decision, Flores v. Morgan Hill Unified School District, (2003, 9th Cir.) 324 F.3d 1130
CSBA Publication, Legal Guidance on Rights of Transgender and Gender Nonconforming Students in Schools, October
2022
U.S DOE, Office for Civil Rights Publication, Resolution Agreement Between the Arcadia USD, US Dept of Ed, OCR, &
the US DOJ, CRD (2013) OCR 09-12-1020, DOJ 169-12C-70

U.S. Dept. of Health & Human Services Publication, Guidance to Federal Financial Assistance Recipients Regarding
Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, August 2013
U.S. DOE & U.S. DOJ Civil Rights Divisions Pub, Dear Colleague Letter: Resource on Confronting Racial
Discrimination in Student Discipline, May 2023
U.S. DOE Publication, Guidance on Constitutionally Protected Prayer and Religious Expression in Public Elementary
and Secondary Schools, May 2023
U.S. DOE, Office for Civil Rights Publication, Enforcement of Title IX of the Education Amendments of 1972 With
Respect to Discrimination Based on Sexual Orientation and Gender Identity in Light of Bostock v. Clayton County, June
2021
U.S. DOE, Office for Civil Rights Publication, Dear Colleague Letter: Addressing Discrimination Against Jewish Students, May 2023
U.S. DOE, Office for Civil Rights Publication, U.S. Department of Education Toolkit: Creating Inclusive and
Nondiscriminatory School Environments for LGBTQI+ Students, June 2023
U.S. DOE, Office for Civil Rights Publication, Questions and Answers on the Title IX Regulations on Sexual Harassment,
June 2022
U.S. DOE, Office for Civil Rights Publication, Supporting Students with Disabilities and Avoiding the Discriminatory Use
of Student Discipline under Section 504 of the Rehabilitation Act of 1973, July 2022
U.S. DOE, Office for Civil Rights Publication, Dear Colleague Letter: Race and School Programming, August 2023

U.S. DOE, Office for Civil Rights Publication, Examples of Policies and Emerging Practices for Supporting Transgender
Students, May 2016
Website, CSBA District and County Office of Education Legal Services
Website, First Amendment Center
Website, California Office of the Attorney General
Website, California Safe Schools Coalition
Website, CSBA
Website, California Department of Education
Website, U.S. Department of Education, Office for Civil Rights
Cross References
0410, Nondiscrimination In District Programs And Activities
0415, Equity
0450, Comprehensive Safety Plan

0450, Comprehensive Safety Plan
0470, COVID-19 Mitigation Plan
1114, District-Sponsored Social Media
1114, District-Sponsored Social Media
1240, Volunteer Assistance
1240, Volunteer Assistance
1312.1, Complaints Concerning District Employees
1312.1, Complaints Concerning District Employees
1312.2, Complaints Concerning Instructional Materials
1312.2, Complaints Concerning Instructional Materials
1312.2-E(1), Complaints Concerning Instructional Materials
1312.3, Uniform Complaint Procedures
1312.3, Uniform Complaint Procedures
1312.3-E(1), Uniform Complaint Procedures
1312.3-E(2), Uniform Complaint Procedures
1312.4, Williams Uniform Complaint Procedures
1312.4-E(1), Williams Uniform Complaint Procedures
1312.4-E(2), Williams Uniform Complaint Procedures
1313, Civility
1340, Access To District Records
1340, Access To District Records
3515.4, Recovery For Property Loss Or Damage
3515.4, Recovery For Property Loss Or Damage
3530, Risk Management/Insurance
3530, Risk Management/Insurance
3553, Free And Reduced Price Meals
3553, Free And Reduced Price Meals
3580, District Records
3580, District Records
4112.6, Personnel Files
4112.9, Employee Notifications
4112.9-E(1), Employee Notifications
4118, Dismissal/Suspension/Disciplinary Action
4118, Dismissal/Suspension/Disciplinary Action
4119.21, Professional Standards
4119.21-E(1), Professional Standards
4119.23, Unauthorized Release Of Confidential/Privileged Information
4131, Staff Development
4212.6, Personnel Files
4212.9, Employee Notifications
4212.9-E(1), Employee Notifications
4218, Dismissal/Suspension/Disciplinary Action
4218, Dismissal/Suspension/Disciplinary Action
4219.21, Professional Standards
4219.21-E(1), Professional Standards
4219.23, Unauthorized Release Of Confidential/Privileged Information
4231, Staff Development
4312.6, Personnel Files
4312.9, Employee Notifications
4312.9-E(1), Employee Notifications
4319.21, Professional Standards
4319.21-E(1), Professional Standards
4319.23, Unauthorized Release Of Confidential/Privileged Information
4331, Staff Development
5000, Concepts And Roles
5030, Student Wellness
5111, Admission
5111, Admission
5113.1, Chronic Absence And Truancy
5113.1, Chronic Absence And Truancy
5113.12, District School Attendance Review Board
5113.12, District School Attendance Review Board
5116.2, Involuntary Student Transfers
5125, Student Records
5125, Student Records
5125.1, Release Of Directory Information
5125.1, Release Of Directory Information
5125.1-E(1), Release Of Directory Information
5125.3, Challenging Student Records
5131, Conduct
5131.2, Bullying
5131.2, Bullying
5131.5, Vandalism And Graffiti
5132, Dress And Grooming
5132, Dress And Grooming
5137, Positive School Climate
5138, Conflict Resolution/Peer Mediation
5141.22, Infectious Diseases
5141.22, Infectious Diseases
5141.27, Food Allergies/Special Dietary Needs
5141.27, Food Allergies/Special Dietary Needs
5141.4, Child Abuse Prevention And Reporting
5141.4, Child Abuse Prevention And Reporting
5141.52, Suicide Prevention
5141.52, Suicide Prevention
5144, Discipline
5144, Discipline
5144.1, Suspension And Expulsion/Due Process
5144.1, Suspension And Expulsion/Due Process
5144.2, Suspension And Expulsion/Due Process (Students With Disabilities)
5145.12, Search And Seizure
5145.12, Search And Seizure
5145.2, Freedom Of Speech/Expression
5145.2, Freedom Of Speech/Expression
5145.6, Parent/Guardian Notifications
MOUNTAIN VIEW WHISMAN SCHOOL DISTRICT
Mountain View, California
5145.6-E(1), Parent/Guardian Notifications
5145.7, Sexual Harassment
5145.7, Sexual Harassment
5145.71, Title IX Sexual Harassment Complaint Procedures
5145.71-E(1), Title IX Sexual Harassment Complaint Procedures
5145.9, Hate-Motivated Behavior
5146, Married/Pregnant/Parenting Students
6142.1, Sexual Health And HIV/AIDS Prevention Instruction
6142.1, Sexual Health And HIV/AIDS Prevention Instruction
6142.8, Comprehensive Health Education
6142.8, Comprehensive Health Education
6143, Courses Of Study
6143, Courses Of Study
6144, Controversial Issues
6145, Extracurricular And Cocurricular Activities
6145, Extracurricular And Cocurricular Activities
6145.2, Athletic Competition
6145.2, Athletic Competition
6153, School-Sponsored Trips
6153, School-Sponsored Trips
6159.4, Behavioral Interventions For Special Education Students
6161.1, Selection And Evaluation Of Instructional Materials
6161.1, Selection And Evaluation Of Instructional Materials
6161.1-E(1), Selection And Evaluation Of Instructional Materials
6161.11, Supplementary Instructional Materials
6163.1, Library Media Centers
6163.4, Student Use Of Technology
6163.4-E(1), Student Use Of Technology
6164.2, Guidance/Counseling Services
6173.1, Education For Foster Youth
6173.1, Education For Foster Youth
7110, Facilities Master Plan

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