Live Oak Charter School
100 Gnoss Concourse No.1, Petaluma, CA 94952 | (707) 762-9020
September 1 , 2011 Notice of Regular Meeting of the Board of Directors
Agenda
I. OP ENING
A. Call to Order (7:00) B. Verse
C. R oll Call
II. P ublic Comment (7:05) This portion of the meeting is set aside for members of the audience to make comments or raise issues that are not specifically on the agenda or for those that are on the agenda. These presentations are limited to three (3) minutes per presentation and the total time allotted to non-agenda items will not exceed fifteen (15) minutes
III. Open Session
A. Communication (7:20)
i. Board Member Questions, Comments Clarifications of the Agenda ii. Approval of Minutes: 08.18.11
B. Financial Health (7:30)
i. Enrollment Update (Report) ii. Unaudited Actuals (Action) C. Governance (7:40)
i. Electronic Devices/Mobile P hone P olicy (Action) ii. Sexual Harassment P olicy (Discussion)
iii. Dress Code (Discussion)
iv. Student Information System (Discussion) v. Homeschooling P rogram (Discussion) vi. P ersonnel & Hiring Update (Report) vii. Transition Team Report
viii. Board Goals (Discussion) ix. Board Retreat (Discussion) D. R eport Items not covered in P acket IV. Adjournment (10:00)
2011-12 Enrollment Per Class Per Period
P1 P2 Annual
Period 1 Period 2 Period 3 Period 4 Period 5 Period 6 Period 7 Period 8 Period 9 Period 10 K - Mary Al 17
K - Julie 16 K - Rebecca 17 1st - Lois 32 2nd - Adria 31 3rd - Leah 31 4th - Anca 32 5th - Tama 28 6th - Merri 17 7th - Gila 23 8th - Tony 24 total 268
2 left, in process of adding 2 added from wait list / new application
2010-11 Enrollment Per Class Per Period
P1 P2 Annual
8/17-9/10 9/13-10/8 10/11-11/5 11/8-12/10
12/13-1/21 1/24-2/18 2/21-3/18 3/21-4/15 4/25-5/20 5/23-6/3 Period 1 Period 2 Period 3 Period 4 Period 5 Period 6 Period 7 Period 8 Period 9 Period 10
K - Mary Al 15 15 15 15 15 15 15 15 15 15
K - Julie 16 16 16 16 15 15 15 16 17 17
K - Rebecca 15 16 16 16 17 17 17 17 17 17
1st - Adrian 32 32 32 32 30 30 31 31 31 31
2nd - Leah 27 27 28 29 29 29 29 30 30 30
3rd - Anca 32 32 32 32 32 32 32 32 32 32
4th - Tama 24 24 26 26 27 27 27 27 27 27
5th - Merri 16 16 17 19 18 18 18 18 19 19
6th - Lois 26 26 26 26 26 26 27 27 28 28
7th - Tony 27 27 27 26 29 28 28 28 28 28
8th - Julian 12 12 12 12 13 13 14 14 14 14
total 242 243 247 249 251 250 253 255 258 258
LIVE OAK CHARTER SCHOOL
A.R. # 12-08
1
Sebastopol Independent Charter School
SEXUAL HARASSMENT ADMINISTRATIVE REGULATION
Purpose
It is the purpose of this Administrative Regulation to implement the Sebastopol Independent
Charter School’s Sexual Harassment Policy. The regulation is designed to outline the procedures
that are to be followed to maintain the Board of Education’s commitment to providing an
educational and work environment free from sexual harassment as defined by board policy.
Reporting Procedure
Any student, employee, or agent of the school (including a school volunteer) who believes he or
she has been sexually harassed by an employee, agent, or student of the School, should promptly
report the facts of the alleged incident(s) and the name the individual involved to any staff
member with whom they feel comfortable, and that person shall report the incident to the School
Director or if the School Director is the alleged harasser, to any Charter School Board member.
The employee who has knowledge of an incident of sexual harassment is required to report to the
School Director within three (3) business days.
The person who has been harassed may, at any time during the process, bring an advocate to
support them in meeting with the School Director or other investigator. The School Director or
designee will gather the information from the person to complete a Sexual Harassment Incident
Report. A copy of the report will be forwarded to the alleged harasser (or the parent(s) if a
student), who will also receive a copy of the pertinent school policy on Sexual Harassment.
Confidentiality
The School Director will inform the person making the report that the allegation and the results
of the investigation shall be kept confidential to the extent reasonably possible under the
investigation process. In addition, witnesses and those interviewed shall be informed of the
confidential nature of the issue and the investigation as well as the reason for confidentiality.
Anyone violating confidentiality by disclosing the nature of the allegation or the investigation to
others shall be subject to disciplinary action.
Retaliation
The initiation of an allegation of sexual harassment by a student will not adversely affect grades,
class section or other matters pertaining to his or her status in any School program. Likewise,
the initiation of an allegation of sexual harassment by an employee will not adversely affect
employment status in any way. The School Director or designee will inform all parties that
retaliation is illegal and that an allegation of retaliation, following a report of sexual harassment
shall be considered as a separate incident, shall be investigated, and shall be subject to
Time Limits
Allegations of sexual harassment shall be reported as soon as reasonably possible after the
conduct in question has taken place. Students, employees, or agents of the school wishing to
report allegations to additional agencies, such as the U.S. Office for Civil Rights, should know
that this agency follows a 180 day time limit for reporting alleged incidents of sexual
harassment.
Informal Process
Upon receipt of a complaint either verbally or in writing, the complaining party will be advised
of their right to explore resolution of the matter by way of an informal mediation process. If the
complaining party wishes to use the informal process, the School Director in conjunction with
the Board of Directors shall set up a process. If the complaining party or accused is not satisfied
with the process or conclusion, the investigation procedure shall be initiated.
If the complaining party does not wish to participate in the informal process, the investigation
procedure will be initiated.
Investigation Procedure
All complaints shall be investigated if not resolved by way of the informal process.
All investigations of allegations of sexual harassment shall be handled promptly, in a serious,
sensitive, and confidential manner. Although the student, employee, or agent who believes
he/she has been sexually harassed is not required to confront the person who is engaging in the
unwelcome and unsolicited sexual conduct, the investigator should determine if the student,
employee, or agent has informed the person engaging in the behavior that the behavior is
offensive and must stop.
1.
The investigator shall, as soon as reasonably possible after the incident has been reported,
inform the student, employee, or other person accused of sexual harassment of the
allegation, in accordance with Board Policy and they will be given an opportunity to
respond.
2.
The investigator shall inform all parties, including the person making the allegation,
witnesses, and the accused, of their rights, including the fact that the person making the
allegation and witnesses will not be retaliated against and the confidential nature of the
allegation and investigation. The person accused shall not receive a copy of the
complaint but shall be informed of the allegations. The name of the complaining party
shall remain confidential to the extent possible. The accused will be given a copy of
Board Policy.
A.R. # 12-08
3
4.
When the School Director determines that sexual harassment has occurred, and
disciplinary action is necessary, he/she will determine what course action is appropriate.
Depending upon whether the harasser is a student, staff member, or agent of the School,
appropriate disciplinary action will be taken.
5.
Any report of assault and/or physical battery that is gender based or sexual in nature shall
be reported to the police for investigation.
Disciplinary Action
Students, employees, or agents of the school who are found to have engaged in sexual
harassment may be subject to discipline up to and including expulsion or dismissal. Such
disciplinary action shall be in accordance with board policy and state law. Suspension,
recommendations for expulsion, or dismissal from employment must follow applicable law.
Staff members who are found to have engaged in sexual harassment of students will be subject to
discipline up to and including dismissal. Such disciplinary action shall be determined by the
School Administration in accordance with applicable policies, and/or laws
Agents of the School who are found to have engaged in sexual harassment of students will be
subject to penalties and sanctions as may be available to the School, including termination of
business relationships and contracts. An agent who is a school volunteer who engages in such
conduct may lose the privilege to volunteer at the school in the future.
In identifying appropriate disciplinary action, note that repeated incidents following intervention,
intensity of the behavior, and multiple victims will yield more severe penalties. Disciplinary
actions may include oral warnings, written warnings, mandatory training, counseling,
suspension, transfer, demotion, or termination of employees, and expulsion for students.
Appeal Procedures
Sebastopol Independent Charter School
SEXUAL HARASSMENT POLICY
Purpose of Policy
It is the policy of the Governing Board of the Sebastopol Independent Charter School (“School”) to
provide an environment free of sexual harassment. To accomplish this purpose, the policy is designed
to secure, at the earliest level possible, an appropriate resolution to an allegation of sexual harassment.
This policy is intended to supplement, and not replace, any applicable state or federal laws and
regulations. Complaints under these laws and regulations shall be processed through the procedures
established by the appropriate state and/or federal agencies.
It is the position of this Board that sexual harassment is unlawful and will not be tolerated. It is a
violation of this policy for any employee, agent, student, or party with which the School has a
cooperative agreement, to engage in sexual harassment.
Educational Environment
Within the educational environment, sexual harassment is prohibited between students, and between
employees or agents/non-employees (such as contract employees, service providers, or volunteers) and
students.
Work Environment
Within the work environment, sexual harassment is prohibited between supervisors and employees,
between employees, and between agents/non-employees (such as contract employees, service providers,
or volunteers) and employees.
Definition of Sexual Harassment
A.
General Definitions
Sexual harassment occurs when unwelcome sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature is:
1.
made either explicitly or implicitly a term or condition of an individual's educational status
or employment;
2.
used as a basis for educational or employment decisions affecting such individual; or
3.
has the purpose or effect of unreasonably interfering with an individual's educational or
B.P. # 12-08-1
2
B.
Specific Examples
For the purpose of further clarification, sexual harassment includes but is not limited to:
1.
Making unsolicited written, verbal, physical and/or visual contact with sexual overtones.
(Written examples include but are not limited to: suggestive or obscene letters, notes,
invitations. Verbal examples include, but are not limited to: derogatory comments,
innuendos, slurs, jokes, epithets. Physical examples include, but are not limited to:
assault, touching, impeding, or blocking movement. Visual examples include, but are not
limited to: leering, gestures, display of sexually suggestive objects or pictures, cartoons, or
posters.)
2.
Continuing to express sexual interest after being informed that the interest is unwelcome.
(Reciprocal attraction between appropriate parties is not considered sexual harassment.)
3.
Making reprisals, threats of reprisal, or implied threats of reprisal following a negative
response.
For example,
within the work environment,
either implying or actually withholding
support for an appointment, promotion, or change of assignment; suggesting a poor
performance report will be prepared, or suggesting probation will be failed.
For example,
within the educational environment
either implying or actually
withholding grades earned or deserved; suggesting a poor performance evaluation will be
prepared; or suggesting a letter of recommendation will be denied.
4.
Within the work environment,
engaging in implicit or explicit coercive sexual behavior
which is used to control, influence, or affect the career, salary, and/or work environment of
another employee.
Within the educational environment,
engaging in implicit or explicit coercive sexual
behavior which is used to control, influence, or affect the educational opportunities,
grades, and/or learning environment of a student.
5.
Offering favors or educational or employment benefits, such as grades or promotions,
favorable performance evaluations, favorable assignments, favorable duties or shifts,
recommendations, reclassification, etc. in exchange for sexual favors.
Any expression of sexual interest between adults and students, regardless of reciprocity is
considered inappropriate and shall be subject to discipline under applicable state law.
Complaint and Reporting Procedure
report the incident to the School Director. If the alleged harasser is the School Director, the person can
report the incident to any Board member. A written report of the alleged incident will be developed by
the School Director or by a Board member. A copy of the report, along with a copy of this policy,
shall be mailed to the parent of the student who initiated the complaint.
All staff, upon personal knowledge of an incident of sexual harassment, are obligated to report it to the
School Director, or if the harasser is the Director, the report shall be made to any Board member.
Failure to do so is a violation of this policy. Failure of staff to report student allegations of sexual
harassment within three (3) school days is a violation of this policy.
Students who feel aggrieved because of unwelcome conduct that may constitute sexual harassment are
not required to inform the person engaging in such conduct that the conduct is unwanted, offensive and
must stop, but are encouraged to do so. An aggrieved individual is not required to complain to his or
her instructor if that instructor is the individual who is harassing the student. Any individuals making a
report may bring an advocate to assist them.
Filing Complaints With State and Federal Agencies
Aggrieved parties may wish to file complaints with other appropriate state and federal agencies,
including:
U.S. Office for Civil Rights
50 United Nations Plaza, Room 239, San Francisco, CA 94102 (415) 556-7000
The State Fair Employment and Housing Commission
30 Van Ness Avenue, San Francisco, CA 94102, (415) 557-2005.
Confidentiality
An allegation of sexual harassment and the results of the investigation shall be kept confidential to the
extent reasonably possible under the investigative process. Witnesses and those interviewed shall be
informed of the confidential nature of the issues and the investigation, and shall be informed that it will
be a violation of this policy to disclose the allegation or the nature of the investigation to others and
shall be subject to disciplinary action as defined in this policy.
Retaliation is Prohibited
B.P. # 12-08-1
4
Time Limits
Allegations of sexual harassment shall be reported as soon as reasonably possible after the conduct in
question has taken place.
Disciplinary Action
When an allegation of sexual harassment is supported by the investigation and disciplinary action is
necessary, the School Director will determine what course of action is appropriate, depending upon
whether the harasser is a student, staff member, or agent of the School.
Employees who violate this policy may be subject to discipline up to and including dismissal. Such
disciplinary action shall be in accordance with applicable policies, laws, and/or collective bargaining
agreements. Students who violate this policy may be subject to discipline up to and including
expulsion. Such disciplinary action shall be in accordance with board policy and state law. Agents of
the School who violate this policy may be subject to penalties and sanctions as may be available to the
School, including termination of business relationships and contracts or the privilege of volunteering
on campus.
Appeal Procedures
Either the complaining party or the accused may appeal the findings of an investigation to the
Governing Board of the School.
Appeals shall be made in writing within ten (10) business days from
the date of a finding.
Training
To implement this policy the School will provide appropriate training programs for staff; teachers will
be instructed to discuss the topic in a pedagogically and age-appropriate way with their students.
Notification
There will be adequate notification of the policy to include permanent posters in public areas, offices,
and hallways. The policy will be published in the
Employee Handbook
and described in the
Parent
Handbook
. Copies will also be available upon request in the School office.
Administrative Regulation
understand the problem of sexual harassment. In addition, the School Director shall designate
appropriate employees to enforce or administer this policy within the School and shall provide for
appropriate training for employees on an annual basis.
Special Assistance
It is expected that questions may arise concerning the interpretation of the prohibition against sexual
harassment, the methods and procedures to be following in the investigation of complaints, and the
appropriateness of specific solutions in disposition of complaints. For assistance in these matters,
individuals may contact the School Director.
Current Legal references barring sexual harassment in education:
Title VII of the Civil Rights Act – 42 CUS Section 2000-e-2(a)(1)
BP 4119.11 (a) 4219.11
Personnel- Certificated/Classified
SEXUAL HARASSMENT
It is the policy of the Governing Board of the Cotati-Rohnert Park Unified School District to provide an educational, employment and business environment free of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communications constituting sexual harassment, as defined and otherwise prohibited by state and federal statutes.
All staff members are required to report instances of sexual harassment to the appropriate site or district administrator.
The Superintendent or designee shall take all actions necessary to ensure the prevention, investigation and correction of sexual harassment, including but not limited to:
1. Providing periodic training to all staff regarding the district's sexual harassment policy, particularly the procedures for registering complaints and employees' duty in availing themselves of the complaint procedure in order to avoid harm
2. Publicizing and disseminating the district's sexual harassment policy to staff
3. Ensuring prompt, thorough and fair investigation of complaints in a way that respects the privacy of all parties concerned, to the extent necessary
4. Taking timely and appropriate corrective/remedial actions after completion of investigation. This may require subsequent monitoring of developments.
It is not only unlawful but it shall be a violation of this policy for anyone who is authorized to recommend or take personnel or educational actions affecting an employee or student, or who is otherwise authorized to transact business or perform other acts or services on behalf of the District to engage in sexual harassment as defined below.
Educational Environment
Within the educational environment, sexual harassment is unlawful and is prohibited between students, and between employees and students.
Work Environment
4219.11
Definition of Sexual Harassment
General Definitions
Sexual harassment occurs when unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature made against another person of the same or opposite gender is:
1. made either explicitly or implicitly a term or condition of an individual's educational status or employment;
2. used as a basis for educational or employment decisions affecting such individual; or
3. has the purpose or effect of unreasonably interfering with an individual's educational or work performance or creating an intimidating, hostile or offensive educational or working environment.
4. is used as the basis for any decision affecting theindividual regarding benefits and services, honors, programs, or activities available at or through the educational institution.
5. the deliberate or careless creation of an atmosphere of sexual harassment or intimidation, or a hostile or offensive working environment.
6. any other conduct which, at the time of the conduct, constitutes sexual harassment under any state or federal law or implementing regulation.
Allegations of sexual harassment shall be thoroughly investigated in accordance with the District's sexual harassment complaint procedures.
Legal Reference: Title VII of the Civil Rights Act - 42 USC Section 2000-e-2(a)(l) California Fair Employment & Housing Act - Government Code Section 12940
Title
XN
of the Education Amendments of 1972 20 USC Section 1681 et. seq.California Education Code Section 212.5
Policy Adopted: Policy Revised:
AR 4119.11 (a)
4219.11
Personnel- Certificated/Classified
SEXUAL HARASSMENT
For the purpose of further clarification, sexual harassment may occur as a pattern of degrading sexual speech or actions ranging from verbal or physical annoyances or distractions to deliberate intimidations and frank threats or sexual demands. Sexual
harassment includes but is not limited to:
1. Making unsolicited written, verbal, physical and/or visual contact with sexual
overtones. (Written examples include but are not limited to: suggestive or obscene letters, notes, and invitations. Verbal examples include, but are not limited to: derogatory comments, innuendoes, slurs, jokes, and epithets. Physical examples include, but are not limited to: assault, touching, impeding, or blocking
movement. Visual examples include, but are not limited to: leering, gestures,
display of sexually suggestive objects or pictures, cartoons or posters.)
2. Continuing to express sexual interest after being informed that the interest is unwelcome. (Reciprocal attraction among peers is not considered sexual harassment. )
Any expression of sexual interest between adults and students, regardless of
reciprocity, is considered inappropriate and shall be subject to discipline under applicable state law.
3. Making reprisals, threats of reprisal, or implied threats of reprisal following a negative response.
For example, within the work environment either implying or actually withholding support for an appointment, promotion, or change of assignment;
suggesting a poor performance report will be prepared, or suggesting probation
will be failed.
For example, within the educational environment either implying or actually
withholding grades earned or deserved, course admission, or recommendations,;
or suggesting a scholarship recommendation or college application will be denied.
4. Within the work environment, engaging in implicit or explicit coercive sexual behavior which is used to control, influence, or affect the career, salary and/or
work environment of another employee. Within the educational environment,
engaging in implicit or explicit coercive sexual behavior which is used to control,
influence, or affect the educational opportunities, grades, and/or learning
environment of a student.
5. Offering favors or educational or employment benefits, such as grades or
4219.11
Confidentiality
A complaint and the results of the investigation shall be confidential to the extent reasonably possible under the investigation process. The complainant will be informed of this by the administrator receiving and/or investigating the complaint. Witnesses and those interviewed shall be informed of the confidential nature of the issues and the investigation. The alleged harasser will also be informed as to the confidential nature of the procedure. All parties shall be informed that it will be a violation of this policy to disclose the complaint or the nature of the investigation to others and that anyone violating confidentiality by disclosing the nature of the allegation or the investigation to others shall be subject to disciplinary action.
Retaliation
The initiation of a complaint of sexual harassment, will not cause any reflection on the complainant or witnesses nor will it affect such persons' future business dealings with the District, his or her employment, compensation or work assignments, or, in the case of students, grades, class section or other matters pertaining to his or her status as a student of any District program. It shall be a violation of this policy to engage in such retaliation. An allegation of retaliation shall be considered as a separate incident, shall be investigated, and shall be subject to disciplinary action as defined in this policy.
Disciplinary Action
Employees who act in violation of this policy and/or the law may be subject to discipline including dismissal. Such disciplinary action shall be in accordance with applicable policies, laws and/or collective bargaining agreements.
Complaint Procedure
A. Informal Resolution
Employees, students, or other individuals who feel aggrieved because of conduct that may constitute sexual harassment are encouraged, but not required, directly to inform the person engaging in such conduct that such conduct is offensive and must stop. An aggrieved individual is not required to complain first to his or her supervisor (in the case of an employee) or to his or her instructor (in the case of a student), if that supervisor, or instructor, is the individual who is harassing the employee or student.
B. Formal Complaints
1. Complaints Brought by Students
AR 4119.11 (c)
4219.11
2. Complaints Brought by Employees and Other Individuals
If an aggrieved employee or other individual is unable or unwilling to communicate directly with the person whose conduct is offensive or if direct communication has been unavailing, the aggrieved employee or other individual may file a complaint with the Deputy Superintendent and/or with his/her supervisor.
3. Responsibilities of Employees
Employees, serving in supervisorial, certificated, or managerial positions,
who receive complaints or observe harassing conduct shall inform the Deputy Superintendent.
Administrative Review and Procedures
A. Complaints - General Provisions
1. An administrator who receives a verbal complaint of sexual harassment shall provide the employee with a copy of the District's sexual harassment policy and procedures and direct the employee to prepare a written complaint. The administrator shall inform the Deputy Superintendent of the complaint.
2. Filing
Complaints should be in wntmg and shall be filed with the Deputy Superintendent. Any complaint received, whether in writing or not, shall be investigated. If it appears that the employee is unable to prepare a written complaint without assistance, the Deputy Superintendent shall assist the employee with the preparation of a written complaint.
3. Contents of Complaint
The complaint shall: identify the offending person or persons; identify
witnesses; include reference to specific examples of offensive conduct;
4219.11
4. Review and Disclosure of Complaint
The Deputy Superintendent shall review the complaint and, as soon as reasonably possible after receipt of the complaint, employee or other person who is accused of sexual harassment should be informed of the contents of the communication.
5. Time Limits
A complaint shall be filed as soon as reasonably possible after the conduct in question has arisen.
6. Investigation
As soon as the Deputy Superintendent Deputy Superintendent learns of a complaint, he/she shall investigate the complaint thoroughly, promptly and in a confidential manner. The investigation may be assigned to District staff or to outside persons or organizations. The investigation shall be so assigned whenever the complaint implicates the Deputy Superintendent or
the Superintendent and/or Deputy Superintendent determines that it is in the best interest of the District to so assign the investigation.
The person conducting the investigation shall speak to all individuals reasonably believed to have relevant information, including, but not limited to, the employee and the alleged offender, any witnesses to the conduct, and other victims of similar conduct whom the investigator reasonably believes may exist.
The investigation shall be conducted discreetly, maintaining confidentiality of the employee and the alleged offender insofar as confidentiality is consistent with thorough investigation and appropriate disposition of the matter. The person conducting the investigation shall advise all individuals whom he/she contacts in connection with the investigation of the confidential nature of the complaint and the investigation.
The investigation and written report shall be completed as soon as reasonably possible and shall be provided to the complainant and the alleged offender.
B. Complaints Against Employees
AR 4119.11 (e) 4219.11
C Complaints Against Other Individuals
Upon completion of the investigation of a complaint filed against an individual who is not an employee, the Deputy Superintendent shall determine whether harassment has occurred and whether any corrective action is appropriate.
Corrective action may include counseling, warning, or such penalties or sanctions against other individuals or parties as may be available to the District given the nature of the contractual or business relationship that may exist with such parties or individuals. Such individuals include visitors to the District and those who have business relations with the District.
D. Appeal Procedures
All decisions made under this procedure, may be appealed by the aggrieved person to the Governing Board.
1. If the employee or alleged offender is dissatisfied with any decisions made under this procedure, he/she may file a written appeal to the Governing Board within fifteen (15) days after receipt of the Decision. The other party shall be given a copy of the appeal and shall have five (5) days after receipt of the appeal to submit a written response. The Governing Board shall review the employee's written complaint, the Deputy Superintendent's written report and decision, the appeal, and any response to the appeal, to determine whether the alleged offender has engaged in sexual harassment and whether the decision contains an appropriate disposition of the matter.
2. The Governing Board in its discretion may, request additional information and the personal appearance of any and all parties and witnesses.
3. The Governing Board shall issue a written decision within forty-five (45) days of the written appeal.
4. The Superintendent shall inform the employee and the alleged offender of the Governing Board's decision.
Other Regulations
4219.11
In addition, the Superintendent shall designate appropriate employees to enforce or
administer this policy within the District.
Filing Complaints with State and Federal Agencies
This policy is intended to supplement, and not replace, any applicable state and federal laws and regulations. Formal complaints under those laws and regulations shall be
processed through the procedures established by applicable state and federal agencies.
Civil law remedies may also be available to persons filing complaints under this procedure. Anyone desiring to pursue civil law remedies should consider consulting an attorney and/or other sources of assistance including:
Office for Civil Rights
50 United Nations Plaza, Room 322 San Francisco, CA 94102
Department of Fair Employment and Housing
1330Broadway, Suite 1326
Oakland, CA 94612
Equal Employment Opportunity Commission San Francisco District Office
901 Market Street, Suite 500 San Francisco, CA 94103
The Sonoma County Lawyer Referral Service (707) 546-5297 may be able to provide the
names of attorneys who practice in the area.
Special Assistance
It is expected that questions may arise conceming the interpretation of the prohibition against sexual harassment, the methods and procedures to be followed in the investigation of complaints, and the appropriateness of specific solutions in disposition of complaints. For assistance in these matters, an aggrieved person may contact the Deputy Superintendent.
Training and Curriculum
To implement this policy, the Cotati-Rohnert Park Unified School District will provide appropriate training programs for staff and students. Employees in a supervisory capacity will be trained, as required by law, atleast every two (2) years beginning January 1, 2006.
AR 4119.11 (g) 4219.11
Legal Reference: Title VII of the Civil Rights Act - 42 USC Section 2000-e-2(a)(1) California Fair Employment & Housing Act - Government Code Section 12940
Title XIV of the Education Amendments of 1972 20 USC Section 1681 et. seq.
Regulation Adopted: February 18, 1992 Regulation Revised: May 4, 1993
January 7, 1997 September 8, 1998 April 13, 1999 November 15, 2005
SEXUAL HARASSMENT
Purpose
It is the purpose of this administrative regulation to implement the district student sexual harassment policy. The regulation is designed to outline the procedures that are to be followed to maintain the Board of Education's commitment to providing an educational environment free from sexual harassment as defmed by Board policy.
Reporting Procedure
Any student who believes he or she has been sexually harassed by an employee, agent, or student of the district, should promptly report the facts of the alleged incident(s) and the name of the individual involved to any adult staff member with whom they feel comfortable, and that person shall report the incident to the school site Title IX Officer, or if the Title IX Officer is the alleged harasser, to the school principal. The employee who has knowledge of a student allegation of sexual harassment is required to report to the site Title IX Officer within three school days.
Students may, at any time during the process, bring an advocate to support them in meeting the with the Title IX Officer or other staff. The Title IX. Officer will gather the information from the student to complete the Sexual Harassment Incident Report. A copy of the report will be forwarded to the site administrator, the Director of Human Services, 778-4608, and the parent, who will also receive a copy of the district policy on student sexual harassment.
Confidentialit-y
The Title IX Officer will inform the student making the report that the allegation and the results of the investigation shall be kept confidential to the extent reasonably possible under the investigation process. In addition, witnesses and those interviewed shall be informed of the confidential nature of the issues and the investigation as well as the reason for confidentiality. Anyone violating confidentiality by disclosing the nature of the allegation or the investigation to others shall be subject to disciplinary action.
Retaliation
The initiation of an allegation of sexual harassment by a student will not adversely effect grades, class selection or other matters pertaining to his or her status in any district program. The Title IX Officer will inform all parties that retaliation is illegal and that an allegation of retaliation, following a report of sexual harassment, shall be considered as a separate incident, shall be investigated, and shall be subject to disciplinary action.
Time Limits
AR 5145. 7(c)
SEXUAL HARASSMENT (continued)
Agents of the district who are found to have engaged in sexual harassment of students will be subject to penalties and sanctions as may be available to the district, including termination of business relationships and contracts.
In identifying appropriate disciplinary action, note that repeated incidents following intervention, intensity of the behavior, and multiple victims will yield more severe penalties. Disciplinary actions may include oral warnings, written warnings, mandatory training, counseling, suspension, transfer, demotion or termination for employees, and expulsion for
students. .
Appeal Procedures
An individual may appeal the findings of the investigation to the Director of Human Services, the Superintendent, and, if they wish, the Board of Education. Appeals will be made within a reasonable time from the date of a finding.
Training
The Superintendent will direct staff to develop and implement a trairung program and
appropriate materials for staff and students. Training will be provided for all Title IX Officers, site principals, the Director of Human Services, and Superintendent, on an annual basis to prepare them to investigate allegations of sexual harassment. Title IX Officers will be trained prior to being responsible for investigating complaints. In addition, an alternate Title IX Officer will be trained at each site, in the event the Title IX Officer is unavailable or named as the alleged harasser. Each school site will, in consultation with the district office staff, develop a training plan to familiarize students and staff with the Sexual Harassment Policy as well as reporting procedures. New hires to the district will be provided with this training as part of their orientation. On a bi-annual basis, staff will be provided with updated training. Potential training topics may include the following; definition of sexual harassment, behaviors that constitute sexual harassment, causes of sexual harassment, uses and abuses of power, rights and responsibilities of schools and students, liability for sexual harassment, psychological effects of sexual harassment on victims, consequences to the harasser, and sexual harassment prevention.
Curriculum
SEXUAL HARASSMENT
Purpose of Policy
It is the policy of the Board of Education to provide an educational environment free of harassment based upon race, religion, ethnicity, or sexual orientation. To accomplish this purpose, the policy is designed to secure, at the earliest level possible, an appropriate resolution to incidents of harassment.
This policy is intended to supplement, and not replace, any applicable state or federal laws and regulations. Complaints under these laws and regulations shall be processed through the procedures established by the appropriate state and/or federal agencies.
Definition
For the purposes of this policy, harassment is defined as unwanted and unwelcome behavior from staff or students which interferes with a student's education. In the school environment, harassment may mean slurs, epithets, verbal abuse, derogatory comments, degrading description, vandalism to personal property, and threats of force or force through outright actions or intimidation.
Reporting Procedure
Any student who believes that he or she has been harassed by an employee, agent or student of the district should promptly report the facts of incident(s) andthe name of the individual involved to the school administration. A written complaint will be prepared and the incident(s) will be investigated to gather the factual information about the circumstances, the context, and the nature of the incident. A copy of the complaint will be forwarded to the parent of the victim.
Confiden tiality
An allegation of harassment and the results of the investigation shall be kept confidential to the extent reasonably possible under the investigation process.
Retaliation is Prohibited
The initiation of an allegation of harassment will not cause any reflection on the person reporting the incident. Retaliation of any kind is a violation of this policy. Any acts of retaliation shall be considered as separate incidents, shall be investigated, and shall be subject to disciplinary action as defined by this policy.
Time Limits
BP 5145.7(c)
SEXUAL
HARASSMENT (continued)Legal Reference:
EDUCATION CODE
200-262.4 Prohibition of discrimination on the basis of sex
48900.2 Additional grounds for suspension or expulsion; sexual harassment
48904 Liability of parent/guardian for willful student misconduct
48980 Notice at beginning of term
CIVIL CODE
5J.9 Liability for sexual harassment; business, service and professional relationships
J7I4.I Liability of parents/guardians for willful misconduct of minor
UNITED STATES CODE. TITLE 20
1681-1688 Title IX. Discrimination
UNITED STATES CODE. TITLE 42
2000d-2000d-7 Title VI, Civil Rights Act of 1964
2000e-2000e-17 Title VII, Civil Rights Act of1964 as amended
CODE OF FEDERAL REGULATIONS, TITLE 34
/06./-/06.7I Nondiscrimination on the basis of sex in education programs
COURT DECISIONS
Davis v. Monroe County Board of Education (1999) No. 97-843,1999 US Lexis 3452, --
US--Gebser v.Lago Vista Independent School Distnd (1998) /18 S.Ct. 1989
Nabozny v. Podlesny (1996. 7th Cir.)92F3d 446
Doe v. Petaluma City School District (1995, 9th Cir.) 54F.3d 1447
Oona R.-S etc. v.Santa Rosa City Schools et a/(1995) 890 F'Supp. 1452
Rosa H v. San Elizario Ind. School District. (W.D. Tex. 1995) 887F Supp. J40. J 43
Clyde K. v. Puyallup School District #3 (1994) 35 F3d 1396
Patricia H v.Berkelev Unified School District (1993) 830 F.Supp. I288
Franklin v. Gwinnet County Schools (1992) J12S. Ct. 1028
Kelson v. City o[Svrinrdield Oregon (1985, 9th Cir.) 767F.2d 651
Management Resources:
OFFICE OF CIVIL RIGHTS AND NATIONAL ASSOCIATION OF ATTORNEYS GENERAL
Protecting Students from Harassment and Hate Crime: A Guide for Schools. January 1999
OFFICE OF CIVIL RIGHTS
Sexual Harassment Guidance. 62FR 49.1997
WEB SITES
OCR: http://www.ed.govlofficesIOCR
Policy
adopted: June 25,2002
PETALUMA CITY SCHOOLS
Sebastopol Independent Charter School
SEXUAL HARASSMENT ADMINISTRATIVE REGULATION
Purpose
It is the purpose of this Administrative Regulation to implement the Sebastopol Independent
Charter School’s Sexual Harassment Policy. The regulation is designed to outline the procedures
that are to be followed to maintain the Board of Education’s commitment to providing an
educational and work environment free from sexual harassment as defined by board policy.
Reporting Procedure
Any student, employee, or agent of the school (including a school volunteer) who believes he or
she has been sexually harassed by an employee, agent, or student of the School, should promptly
report the facts of the alleged incident(s) and the name the individual involved to any staff
member with whom they feel comfortable, and that person shall report the incident to the School
Director or if the School Director is the alleged harasser, to any Charter School Board member.
The employee who has knowledge of an incident of sexual harassment is required to report to the
School Director within three (3) business days.
The person who has been harassed may, at any time during the process, bring an advocate to
support them in meeting with the School Director or other investigator. The School Director or
designee will gather the information from the person to complete a Sexual Harassment Incident
Report. A copy of the report will be forwarded to the alleged harasser (or the parent(s) if a
student), who will also receive a copy of the pertinent school policy on Sexual Harassment.
Confidentiality
The School Director will inform the person making the report that the allegation and the results
of the investigation shall be kept confidential to the extent reasonably possible under the
investigation process. In addition, witnesses and those interviewed shall be informed of the
confidential nature of the issue and the investigation as well as the reason for confidentiality.
Anyone violating confidentiality by disclosing the nature of the allegation or the investigation to
others shall be subject to disciplinary action.
Retaliation
The initiation of an allegation of sexual harassment by a student will not adversely affect grades,
class section or other matters pertaining to his or her status in any School program. Likewise,
the initiation of an allegation of sexual harassment by an employee will not adversely affect
employment status in any way. The School Director or designee will inform all parties that
retaliation is illegal and that an allegation of retaliation, following a report of sexual harassment
shall be considered as a separate incident, shall be investigated, and shall be subject to
A.R. # 12-08
2
Time Limits
Allegations of sexual harassment shall be reported as soon as reasonably possible after the
conduct in question has taken place. Students, employees, or agents of the school wishing to
report allegations to additional agencies, such as the U.S. Office for Civil Rights, should know
that this agency follows a 180 day time limit for reporting alleged incidents of sexual
harassment.
Informal Process
Upon receipt of a complaint either verbally or in writing, the complaining party will be advised
of their right to explore resolution of the matter by way of an informal mediation process. If the
complaining party wishes to use the informal process, the School Director in conjunction with
the Board of Directors shall set up a process. If the complaining party or accused is not satisfied
with the process or conclusion, the investigation procedure shall be initiated.
If the complaining party does not wish to participate in the informal process, the investigation
procedure will be initiated.
Investigation Procedure
All complaints shall be investigated if not resolved by way of the informal process.
All investigations of allegations of sexual harassment shall be handled promptly, in a serious,
sensitive, and confidential manner. Although the student, employee, or agent who believes
he/she has been sexually harassed is not required to confront the person who is engaging in the
unwelcome and unsolicited sexual conduct, the investigator should determine if the student,
employee, or agent has informed the person engaging in the behavior that the behavior is
offensive and must stop.
1.
The investigator shall, as soon as reasonably possible after the incident has been reported,
inform the student, employee, or other person accused of sexual harassment of the
allegation, in accordance with Board Policy and they will be given an opportunity to
respond.
2.
The investigator shall inform all parties, including the person making the allegation,
witnesses, and the accused, of their rights, including the fact that the person making the
allegation and witnesses will not be retaliated against and the confidential nature of the
allegation and investigation. The person accused shall not receive a copy of the
complaint but shall be informed of the allegations. The name of the complaining party
shall remain confidential to the extent possible. The accused will be given a copy of
Board Policy.
4.
When the School Director determines that sexual harassment has occurred, and
disciplinary action is necessary, he/she will determine what course action is appropriate.
Depending upon whether the harasser is a student, staff member, or agent of the School,
appropriate disciplinary action will be taken.
5.
Any report of assault and/or physical battery that is gender based or sexual in nature shall
be reported to the police for investigation.
Disciplinary Action
Students, employees, or agents of the school who are found to have engaged in sexual
harassment may be subject to discipline up to and including expulsion or dismissal. Such
disciplinary action shall be in accordance with board policy and state law. Suspension,
recommendations for expulsion, or dismissal from employment must follow applicable law.
Staff members who are found to have engaged in sexual harassment of students will be subject to
discipline up to and including dismissal. Such disciplinary action shall be determined by the
School Administration in accordance with applicable policies, and/or laws
Agents of the School who are found to have engaged in sexual harassment of students will be
subject to penalties and sanctions as may be available to the School, including termination of
business relationships and contracts. An agent who is a school volunteer who engages in such
conduct may lose the privilege to volunteer at the school in the future.
In identifying appropriate disciplinary action, note that repeated incidents following intervention,
intensity of the behavior, and multiple victims will yield more severe penalties. Disciplinary
actions may include oral warnings, written warnings, mandatory training, counseling,
suspension, transfer, demotion, or termination of employees, and expulsion for students.
Appeal Procedures
DRESS CODE
Students should come to school wearing comfortable, practical clothing that will keep
them warm in the winter months, with extra attention to layers of warm clothes
on
foggy mornings. The values expressed through this dress code emphasize attire that
is not distracting or unsafe. The following guidelines should assist parents in helping
their children make appropriate clothing selections. Children who come to school
dressed otherwise will be given a LOC T-shirt to wear for the day or they may be sent
home for a change of outfit.
Clothing free of advertisements and logos (cartoon figures, movies, rock groups,
sports teams, etc.)
Clothing free of printed messages or slogans. As part of promoting school spirit,
Live Oak sweatshirts and T-shirts or clothing from school sponsored events are
allowed.
Active footwear that allows full and safe participation on the playground; no flip
flops or shoes with flashing lights.
Camouflage clothing, sports uniforms and uniform-type outfits are not permitted.
Ripped, torn clothing or excessively baggy oversized clothing is not permitted.
See-through clothing, exposed underwear, short shorts, mini-skirts, crop
tops, spaghetti strap tank tops, skin tight or low cut clothing is not
permitted.
Only subtle nail polish, is any, is allowed.
Jewelry that impairs active movement, is unsafe or distracting, is not
allowed.
Plain, slogan free backpacks and lunch boxes.
Hats are recommended for gardening classes and playground activities,
however hats and hoods are to be off inside the classroom.
Tattoos, even temporary, are not allowed.
No hair coloring is allowed in grades K-5
Since kids love to tromp in the mud and splash in puddles, winter requires a change of
clothes at school, especially in the lower grades. During the wet season, children need
boots and slickers at school for gardening and recess as well.
A Middle School Dress Code
sports teams, etc.)
Clothing free of prominently placed or sized printed messages or slogans. As
part of promoting school spirit we do allow Live Oak sweatshirts and T-shirts or
school field trip clothing.
Active footwear that allows full and safe participation on the playground; no flip
flops or shoes with flashing lights.
Camouflage clothing, sports uniforms and uniform-type outfits are not permitted.
Ripped, torn clothing or excessively baggy oversized clothing is not permitted.
See-through clothing, exposed undergarments, crop tops, skin tight or low
cut clothing is not permitted.
Shorts and skirt length: When the student stands with arms at sides, skirts and
shorts should be no shorter than the fingertips.
Skirts and dresses: The class is physically active every day so students need to
dress appropriately. If girls wear skirts or dresses they should wear shorts under
the skirt if they are concerned about exposure during physical activity.
Shirts: No cleavage showing; no spaghetti straps. Tank tops need to have straps
that are at least two finger widths wide. Keep it modest and fit for physical activity.
Pants: Please make sure pants will stay up by themselves. They need to fit
without underwear showing.
Shoes: Think physical activity. Shoes need to stay on when running. No flip-flops.
Hair: Natural looking hair, no extreme styles.
Jewelry: Jewelry that impairs movement, is unsafe or distracting, is not
allowed. Earrings that dangle more than an inch below the ear are not
allowed.
Make-up: Please guide students to keep it simple and subtle.
Nail Polish: Pastel light colors only.
Hats are recommended for gardening classes and playground activities,
however hats and hoods are to be off inside the classroom.
Tattoos, even temporary, are not allowed.
Image free, slogan free backpacks and lunch containers.
DRESS CODE
The values expressed through this dress code emphasize attire that allows the child to be
seen first, before his or her clothing choices. The dress code requires clothing that is
comfortable, safe, non-distracting, and will allow students to participate fully in the activities
of the day. The dress code is also designed to help teachers maintain a respectful and
focused classroom and social environment. The following guidelines should assist parents in
helping their children make appropriate clothing selections. Children who come to school
dressed otherwise will be given a LOC T-shirt to wear for the day or they may be sent home
for a change of outfit.
Guidelines:
Weather appropriate:
Students should wear clothing that will keep them warm in the
winter months, with extra attention to layers of warm clothes on foggy mornings. Since
kids love to tromp in the mud and splash in puddles, winter requires a change of clothes
at school, especially in the lower grades. During the wet season, children need boots
and slickers at school for gardening and recess as well.
Clothing free of Media images, sports teams, company advertisements, etc.,
Clothing free of printed logos, slogans, or messages that are prominently placed or
sized. As part of promoting school spirit, Live Oak sweatshirts and T-shirts or clothing
from school sponsored events are allowed.
Camouflage clothing, sports uniforms and uniform-type outfits are not permitted.
Ripped, torn clothing or excessively baggy oversized clothing is not permitted.
See-through clothing, exposed underwear, and exposed bra straps are notpermitted.
Shirts:
No low-cut shirts and no cleavage showing; no spaghetti straps. Tank tops need
to have straps that are at least two-finger widths wide. Keep it modest and fit for physical
activity.
Shorts and skirt length
: When the student stands with arms at sides, skirts and shorts
should be no shorter than the fingertips.
Skirts and dresses
: Girls should wear shorts under skirts and dresses if they are
concerned about exposure during physical activity.
Pants:
Pants need to stay up by themselves and fit without underwear showing.
Shoes:
Active footwear that allows full and safe participation on the playground; no flip
flops or shoes with flashing lights.
Hats:
Hats are recommended for gardening classes and playground activities;
however, hats and hoods are to be off inside the classroom.
Hair:
No hair coloring in grades K-5.
Natural-colored hair coloring is permitted in grades 6-8 (No blue, green, etc.)
Accessories:
Only subtle nail polish is allowed. Jewelry that impairs active
movement, is unsafe or distracting, is not allowed. Earrings that dangle more
than an inch below the ear are not allowed. Tattoos, even temporary, are not
allowed.
Make-up:
No make-up in grades K-5. Subtle make-up is permitted in grades 6-8.
Backpacks and lunch boxes should be free of media images and slogans.
Creating a Homeschool Component
A proposal from
LiveEducation!
For
LiveOakCharterSchool
BasicTerms
Live Oak Charter School (LOCS) will allow families who are homeschooling to enroll their children and will use a portion of received ADA funds (less than ½) to purchase
curriculum for these families, provide a teacher to oversee the homeschooling parents, and compensate Live Education! for administration of the program.
Live Education! will provide:
• Mentoring for the homeschool teacher
• Curriculum support and consultations for homeschooling parents
• Administration and organization of adult education (including seminars
and homeschooling classes for the LOCS community)
• Advertising to bring customers to the program
LOCS will provide:
• Artistic materials for the homeschooled students
• Class offerings for subjects more conducive to group study (e.g.
eurythmy, sports, orchestra, foreign language, handwork, etc.)
• Waldorf curriculum for the parents and program administration fees
($600 / student / year)
SchoolBenefits
• Increased revenue with only a small impact on space, materials, and staff
• Wait-listed students can begin Waldorf education immediately, easing the
transition into full enrollment when space becomes available.
• Allows an option, within the Waldorf community, for children who are
struggling in the classroom
• Infusion of energy and support from homeschooling families
FamilyBenefits
• Membership in the Waldorf community
Homeschooling families will feel welcome to participate in festivals, planning committees, etc.
• Access to classes unique to Waldorf education
• Provides an option for families with children who have difficulty participating in
the mainstream Waldorf classroom
• Official association with an established educational institution for the purpose
of showing compliance with compulsory education laws
RevenueForecast
Live Education! anticipates first year enrollment of about 10 students in the
homeschool component. At a normal ADA rate of about $5,000 per student per year, LOCS could expect to secure an estimated $50,000 of revenue in the first year of the program, with costs of less than $25,000.
