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    Non-discrimination, Harassment, and Intimidation Statement and Policy

    The Santa Ana Unified School District is committed to providing a working and learning environment free from discrimination, harassment, intimidation and bullying. The District prohibits discrimination, harassment, intimidation and bullying based on actual or perceived race or ethnicity, gender/sex (including gender identity, gender expression, pregnancy, childbirth, breastfeeding, and pregnancy-related medical conditions) sexual orientation, religion, color, national origin, ancestry, physical or mental status, marital status, registered domestic partner status, age (40 and above), genetic information, political belief or affiliation (not union related), a person's association with a person or group with one or more of these actual or perceived characteristics, mental/physical disability, immigration status, or any other basis protected by federal, state or local law, ordinance, or regulation in any program or activity it conducts or to which it provides significant assistance. For inquiries about District policies and procedures related to student-to-student, student-to-staff and staff-to student harassment/discrimination, including how to file a harassment/discrimination complaint contact: Dr. Hiacynth D. Martinez, Assistant Superintendent, Human Resources, UCP and Title IX Coordinator, 1601 E. Chestnut Avenue, Santa Ana, CA 92701, or by phone at (714) 558-5860 or via email at compliance.officer@sausd.us

    To view the most recent Board Policy visit BP 5145.3 Nondiscrimination/Harassment

     

    Sex Discrimination

    The Santa Ana Unified School District is committed to providing educational programs that are free from unlawful discrimination based on legally protected characteristics, including sex and gender as required by Title IX of the Education Amendments of 1972. The District’s general nondiscrimination/harassment policy is found at: Board Policy 5145.3

     

    Pupil Sexual Harassment

    The Governing Board is committed to maintaining a safe school environment that is free from harassment and discrimination. The Board prohibits, at school or at school-sponsored or school-related activities, sexual harassment targeted at any student by anyone. The Board also prohibits retaliatory behavior or action against any person who reports, files a complaint or testifies about, or otherwise supports a complainant in alleging sexual harassment. 

    The District strongly encourages any student who feels that he/she is being or has been sexually harassed on school grounds or at a school-sponsored or school-related activity by another student or an adult who has experienced off-campus sexual harassment that has a continuing effect on campus to immediately contact his/her teacher, the principal, or any other available school employee. Any employee who receives a report or observes an incident of sexual harassment shall notify the principal or a District compliance officer. Once notified, the principal or compliance officer shall take the steps to investigate and address the allegation, as specified in the accompanying administrative regulation. 

    Sexual Harassment - Board Policy 5145.7 

    https://www.sausd.us/cms/lib/CA01000471/Centricity/Domain/3975/BP%205145.7%20Sexual%20Harassment.pdf

    Harassment/Sexual Harassment/Hostile Work Environment Form

     

    General

     

     

    Williams

    Click here to access the Williams Uniform Complaint Procedures. 

     

    Uniform

    Board Policy 1312.3 - Community Relations – Uniform Complaint Procedures

    Administrative Regulation No: AR 1312.3 - Community Relations-Uniform Complaint Procedures

    A Uniform Complaint alleges a violation of federal or state laws governing educational programs, including allegations of unlawful discrimination, harassment, intimidation, bullying, and failure to comply with laws relating to pupil fees. 

    Uniform Complaint Forms

     

    Title IX

    A Title IX complaint concerns discrimination based on sex in education programs and activities that are federally funded. Thus, all educational programs and activities must be operated free from discrimination. Key areas addressed by Title IX include: athletics; sexual misconduct, including sexual harassment and sexual violence; pregnant and parenting students; off-campus activities; recruitment and admission; and employment. Education institutions must protect against discrimination in these areas and prevent retaliation against any person for participating in any complaint action under Title IX.

    Due to recent changes in the Title IX Regulations effective August 14, 2020, all related District policies and procedures are being reviewed and updated to ensure compliance. Please direct concerns and allegations regarding sexual harassment to the Title IX Coordinator listed below.

    Title IX Complaints:

    Dr. Hiacynth Martinez, Assistant Superintendent of Human Resources, 1601 E. Chestnut Ave. Santa Ana CA, 92701, 714.558-5860, email Compliance.Officer@sausd.us.

    The Definition of Sex Discrimination

    CA Educ Code § 230 (2017): Harassment and other discrimination on the basis of sex include, but are not limited to, the following practices:

    (a) On the basis of sex, exclusion of a person or persons from participation in, denial of the benefits of, or subjection to harassment or other discrimination in, any academic, extracurricular, research, occupational training, or other program or activity.

    (b) On the basis of sex, provision of different amounts or types of student financial aid, limitation of eligibility for student financial aid, or the application of different criteria to applicants for student financial aid or for participation in the provision of student financial aid by others. Nothing in this subdivision shall be construed to prohibit an educational institution from administering, or assisting in the administration of, scholarships, fellowships, or other forms of student financial aid, established pursuant to domestic or foreign wills, bequests, trusts, or similar legal instruments or by acts of a foreign government, which require that awards be made to members of a particular sex; provided, that the overall effect of the award of these sex-restricted scholarships, fellowships, and other forms of student financial aid does not discriminate on the basis of sex.

    (c) On the basis of sex, exclusion from participation in, or denial of equivalent opportunity in, athletic programs. For purposes of this subdivision, “equivalent” means equal or equal in effect.

    (d) An educational institution may be found to have effectively accommodated the interests and abilities in athletics of both sexes within the meaning of Section 4922 of Title 5 of the California Code of Regulations, as that section exists on January 1, 2003, using any one of the following tests:

    (1) Whether interscholastic level participation opportunities for male and female pupils are provided in numbers substantially proportionate to their respective enrollments.

    (2) Where the members of one sex have been and are underrepresented among interscholastic athletes, whether the school district can show a history and continuing practice of program expansion that is demonstrably responsive to the developing interest and abilities of the members of that sex.

    (3) Where the members of one sex are underrepresented among interscholastic athletes, and the institution cannot show a history and continuing practice of program expansion as required in paragraph (2), whether the school district can demonstrate that the interest and abilities of the members of that sex have been fully and effectively accommodated by the present program.

    (e) If an educational institution must cut its athletic budget, the educational institution shall do so consistently with its legal obligation to comply with both state and federal gender equity laws.

    (f) It is the intent of the Legislature that the three-part test articulated in subdivision (d) be interpreted as it has been in the policies and regulations of the Office of Civil Rights in effect on January 1, 2003.

    (g) On the basis of sex, harassment or other discrimination among persons, including, but not limited to, students and nonstudents, or academic and nonacademic personnel, in employment and the conditions thereof, except as it relates to a bona fide occupational qualification.

    (h) On the basis of sex, the application of any rule concerning the actual or potential parental, family, or marital status of a person, or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions.

    If you believe you have experienced discrimination, bullying, or harassment, immediately contact the school principal and/or the appropriate district administrator:

    Student Related Complaints:

    David Richey. Executive Director, Support Services, 1601 E. Chestnut Ave. Santa Ana CA, 92701, 714.380.2622, email David.Richey@sausd.us.

    Employee Related Complaints:

    Dr. Hiacynth Martinez, Assistant Superintendent of Human Resources, 1601 E. Chestnut Ave. Santa Ana CA, 92701, 714.558-5860, email Compliance.Officer@sausd.us.

    Williams Complaints:

    Dr. Lorraine Perez, Deputy Superintendent, Educational Services, 1601 E. Chestnut Ave. Santa Ana CA, 92701, (714) 558-5523, email Lorraine.Perez@sausd.us.

    Summary of Pupil Rights (Education Code section 221.8)

    For information regarding student rights under Title IX, please visit:

    1. The California Office of Equal Opportunity
    2. The United States Department of Education Office for Civil Rights

    The School’s/District’s Responsibility

    1. You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
    2. You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
    3. You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
    4. You have the right to apply for athletic scholarships.
    5. You have the right to receive equitable treatment and benefits in the provision of all of the following:
      1. Equipment and supplies
      2. Scheduling of games and practices
      3. Transportation and daily allowances
      4. Access to tutoring
      5. Coaching
      6. Locker rooms
      7. Practice and competitive facilities
      8. Medical and training facilities and services
      9. Publicity
    6. You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
    7. You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
    8. You have the right to file a confidential discrimination complaint with the United States Office for Civil Rights or the State Department of Education if you believe you have been discriminated against or if you believe you have received unequal treatment on the basis of your sex.
    9. You have the right to pursue civil remedies if you have been discriminated against.
    10. You have the right to be protected against retaliation if you file a discrimination complaint.

    How to File a Title IX Complaint 

    Individuals who believe they have been discriminated against in violation of Title IX may file a complaint with the District or the Office for Civil Rights (OCR). If a crime is involved, such as sexual assault, individuals may also file a report with the local police department. A person may pursue one or all of these avenues at the same time. Below is a summary of each process.

    District Complaint

    Title IX complaints may be filed using the District’s uniform complaint procedure found within the following policy: Board Policy 1312.3

    Time Requirement:

    A complaint with the District must be filed within six months of the discrimination occurring or your awareness of the discrimination (5 CCR 4630(b)).  
    If you have any questions about this time limit, or if you believe your complaint may be outside this time requirement but want to explore other options, please contact the Title IX Coordinator.

    Investigation Procedure:

    Upon receipt of any complaint related to a potential Title IX violation, the District will ensure every allegation is investigated promptly, adequately and impartially. The District will also take steps to protect complainants from retaliation and ensure all parties are treated fairly throughout the District’s investigation process. As part of its Title IX obligations, the District also takes steps to prevent recurrence of any sexual violence and remedy discriminatory effects on the complainant and others, as appropriate. The District’s procedure for investigating a Title IX complaint can be found at: Board Policy 1312.3

    Please contact the Title IX Coordinator if you have any questions. 

    OCR Complaint

    For information regarding filing a complaint with OCR

    OCR provides an online complaint filing system

    OCR can also be contacted through the California regional office at:

    Office for Civil Rights
    U.S. Department of Education
    50 United Nations Plaza
    Mail Box 1200, Room 1545
    San Francisco, CA 94102 
    Telephone: 415-486-5555
    Email: ocr.sanfrancisco@ed.gov

    Time Requirement:
    OCR requires complaints to be filed within 180 calendar days of the alleged discrimination. Please contact OCR, or visit the websites above, if you have any questions about this time requirement. 

    Investigation Procedure:
    For information regarding OCR’s investigation process.