A Safe Place To Learn Act & Title IX Documents

Last Updated: 8/4/2021 9:07 PM

 Arvin Union School District:

A Safe Place To Learn:

 

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Suicide Prevention, Anti-cyber Bulling, Preventing/Responding to Hate Violence

 

Pupil Suicide Prevention in Grades TK-8 (Ed. Code§§ 215)

 

The Board of Trustees recognizes that suicide is a leading cause of death among youth and that school personnel who regularly interact with students are often in a position to recognize the warning signs of suicide and to offer appropriate referral and/or assistance. In an effort to reduce suicidal behavior and its impact on students and families, the Superintendent or designee shall develop measures and strategies for suicide prevention, intervention, and post-intervention. 

 

AUSD Social Media Bullying and Anti-cyberbullying Procedures (Ed. Code§§ 234.4 (a))

 

The Board of Trustees recognizes the harmful effects of bullying on student learning and school attendance and desires to provide a safe school environment that protects students from physical and emotional harm. District employees shall establish student safety as a high priority and shall not tolerate bullying of any student.

No individual or group shall, through physical, written, verbal, or other means, harass, sexually harass, threaten, intimidate, retaliate, cyberbully, cause bodily injury to, or commit hate violence against any student or school personnel.

 

Definition of Cyberbullying:

Cyberbullying includes the electronic creation or transmission of harassing communications, direct threats, or other harmful texts, sounds, or images as defined in Education Code 48900.  Cyberbullying also includes breaking into another person's electronic account and assuming that person's identity in order to damage that person's reputation.

 

Bullying Prevention:

To the extent possible, district schools shall focus on the prevention of bullying by establishing clear rules for student conduct and implementing strategies to promote a positive, collaborative school climate. Students shall be informed, through student handbooks and other appropriate means, of district and school rules related to bullying, mechanisms available for reporting incidents or threats, and the consequences for engaging in bullying.

 

Reporting and Filing of Complaints:

Any student, parent/guardian, or other individual who believes that a student has been subjected to bullying or who has witnessed bullying may report the incident to a teacher, the principal, a compliance officer, or any other available school employee. Within one business day of receiving such a report, a staff member shall notify the principal of the report, whether or not a uniform complaint is filed. In addition, any school employee who observes an incident of bullying involving a student shall, within one business day, report his/her observation to the principal or a district compliance officer, whether or not the alleged victim files a complaint.

 

 

The Board of Trustees recognizes that the district has the primary responsibility to ensure compliance with applicable state and federal laws and regulations governing educational programs. The Board encourages early resolution of complaints whenever possible. To resolve complaints which may require a more formal process, the Board adopts the uniform system of complaint processes specified in 5 CCR 4600-4670 and the accompanying administrative regulation. 

 

Complaints alleging bullying and/or cyberbullying can be filed utilizing the Stop!t App, although use of this form is not required.  A code to file online is required:

 

SCHOOOL SITE

ACCESS CODE

Bear Mountain Elementary

Hawks#1

El Camino Real Elementary

Mustang#1

Sierra Vista Elementary

Cougars#1

Haven Drive Middle School

Bulldogs#1

 

These complaints must be in writing.  If you need assistance putting your complaint in writing, please contact the district by calling the Human Resources Department at (661) 854-6500. You may file a complaint anonymously, but the District’s ability to investigate and respond may be limited by a lack of information.  For more information about how to file discrimination, harassment, intimidation, bullying and other types of complaints, please contact either the Title IX Coordinator or the Human Resources Department at (661) 854-6500.

 

 

Preventing and Responding to Hate Violence (Ed. Code§§ 233)

 

The Board of Trustees is committed to providing a safe learning environment that protects students from discrimination, harassment, intimidation, bullying, and other behavior motivated by a person's hostility towards another person's real or perceived ethnicity, national origin, immigrant status, sex, gender, sexual orientation, religious belief, age, disability, or any other physical or cultural characteristic. The Superintendent or designee shall design strategies to promote harmonious relationships among students, prevent incidents of hate-motivated behavior to the extent possible, and address such incidents if they occur (please see AUSD Board Policy regarding Hate Motivated Behavior). 

 

Complaint Process:

A student or parent/guardian who believes the student is a victim of hate-motivated behavior is strongly encouraged to report the incident to a teacher, the principal, or other staff member.

Any staff member who is notified that hate-motivated behavior has occurred, observes such behavior, or otherwise becomes aware of an incident shall immediately contact the principal or the compliance officer responsible for coordinating the district's response to complaints and complying with state and federal civil rights laws. As appropriate, he/she shall also contact law enforcement.

  • (cf. 3515.3 - District Police/Security Department)
  • (cf. 5145.11 - Questioning and Apprehension by Law Enforcement)

 

Any complaint of hate-motivated behavior shall be investigated and, if determined to be discriminatory, shall be resolved in accordance with law and the district's uniform complaint procedures specified in AR 1312.3 - Uniform Complaint Procedures. If, during the investigation, it is determined that a complaint is about nondiscriminatory behavior, the principal or designee shall inform the complainant and shall take all necessary actions to resolve the complaint.

 

  • (cf. 1312.1 - Complaints Concerning District Employees)
  • (cf. 1312.3 - Uniform Complaint Procedures)
  • (cf. 5144 - Discipline)
  • (cf. 5144.1 - Suspension and Expulsion/Due Process)
  • (cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities)

 

Statewide Resources, Including Community-based Organizations (Ed. Code§§ 234 (a)(b))

 

Please see the information and links below for information regarding resources for youth who have been affected by gangs, gun violence, and psychological trauma caused at home, at school, and in the community.

Local District Resources:

  • Stop!t App 
    • Reporting Form for students (students need an access code below)

 

SCHOOOL SITE

ACCESS CODE

Bear Mountain Elementary

Hawks#1

El Camino Real Elementary

Mustang#1

Sierra Vista Elementary

Cougars#1

Haven Drive Middle School

Bulldogs#1

 

Mental Health Hotlines

  • District social workers are available 7:30 a.m. to 4:00 p.m. to support families in need of mental health services to support their students socially and emotionally.

 

Bear Mountain Elementary

Ms. Nava

Google # 661-376-0591

El Camino Real Elementary

Mr. Estrada

Google # 661-379-7308

Sierra Vista Elementary

Ms. Perez

Google # 661-293-7707

Haven Drive Middle School

Mr. Muñoz

Google # 661-390-9311

 

Family Resource Center

  • Family Resource Center personnel are available to provide services to families in regard to wellness, healthcare, insurance, document support, and to connect families with community services including those for foster and homeless children.

 

Luis Carmona

Office# 661-854-6528

Google # 661-436-1332

Amalia Leal

Office# 661-854-6536

Google # 661-390-9273

Maria Rivas

Office# 661-854-6525

Google # 661-401-5956

 

Student Success Facilitators

  • Site personnel are available to provide support services to students and promote a positive school environment through various programs.

 

Bear Mountain Elementary

Ms. Marylu Carranza

Office # 661-854-6590

El Camino Real Elementary

Ms. Anallely Lopez

Office # 661-854- 6661

Sierra Vista Elementary

Ms. Sonia Duran

Office # 661-854-6561

Haven Drive Middle School

Mr. Rodrigo Rios

Office # 661-854-6540

 

Community Based Organizations:

 

      
         
  • Garden Pathways, a community-based nonprofit founded in 1997, mentors children, youth, and adults to build productive lives.  Diverse mentoring and education programs lead families to educational advancement, employment, family stability, self-sufficiency, healthy living, and improved quality of life.
  • The programs of Garden Pathways provide a wide range of life-building services to the Kern County community.  Garden Pathways Comprehensive Mentoring Services connects people seeking a fresh start with caring mentors who guide and encourage. Participants include families transitioning from welfare and child protective services programs, families and youth impacted by gang violence and abuse, ex-offenders, emancipating/emancipated foster youth, pregnant/parenting youth, and other at-risk individuals.  Through the power of relationship, young people and adults find lasting freedom from poverty and at-risk conditions as they discover dignity and self-worth, take responsibility for their choices, and develop life skills.  Garden Pathways Downtown Education Center provides quality childcare, education, and enrichment for infants and preschool children.  Garden Pathways Arts Mentoring guides youth to artistic and personal growth.
  • Garden Pathways provides innovative opportunities for families and individuals of all ages to discover their unique purpose, activate their personal creativity, live in health and safety, and develop skills for success in life.  Through collaborative efforts with community agencies, community service groups, and faith-based organizations, Garden Pathways offers mentoring, training, and education in the arts and the art of living. 

 

Statewide Resources:

 

The problem

What you can do

There has been a crime or someone is at immediate risk of harm.

Call 911.

Someone is feeling hopeless, helpless, thinking of suicide.

To talk to someone now:

For Spanish speakers:

For deaf/hard of hearing:

  • Call 1-800-799-4889 Free and confidential support resources are available to you 24 hours a day, 7 days a week.

Someone is acting differently than normal, such as always seeming sad or anxious, struggling to complete tasks, or not being able care for themselves.

Find a local counselor or other mental health services

A child is being bullied in school.

 

Contact the:

  1. Teacher
  2. School counselor
  3. School principal
  4. School superintendent
  5. State Department of Education

See more on working with the school.

The school is not adequately addressing harassment based on race, color, national origin, sex, disability, or religion.

Contact:

 

Equity, Title IX, & Nondiscrimination

 

AUSD Anti-discrimination, Anti-Harassment, Anti-intimidation, and Anti-bullying Policies (Penal Code 422.55 PC; Ed. Code§§234.1(a) Ed. Code§§220)

 

The Arvin Union School District is responsible for ensuring that all individuals are treated equitably in the District’s programs and activities and are provided an environment that is free from discrimination, harassment, intimidation, retaliation, and bullying consistent with federal and state nondiscrimination laws.  Pursuant to law and District policy, no person shall be subjected to discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, including immigration status, in any program or activity conducted by an educational institution that receives, or benefits from  state assistance, or enrolls pupils who receive state student financial aid.  (Ed. Code§§ 220, Ed. Code§§ 230; see also policies below).

 

Title IX: Information

Title IX is a federal law passed in 1972 to ensure that students and employees in educational settings are treated equally and fairly. It protects against discrimination based on sex (including sexual harassment). In addition, Title IX protects transgender students and students who do not conform to gender stereotypes. State law also prohibits discrimination based on gender (sex), gender expression, gender identity, and sexual orientation. The preamble to Title IX of the Education Amendments of 1972 states that:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

 

Title IX requires that each school district have at least one person designated as the Title IX Coordinator :

 

ARVIN UNION SCHOOL DISTRICT

TITLE IX COORDINATOR

 

Assistant Superintendent
737 Bear Mountain Boulevard
Arvin, CA 93203
Telephone:  (661) 854-6500

Fax:  (661)854-2362
Email:  epereida-martinez@arvin-do.com

 

 

Reference the following:

 

 

Definition of Discrimination and Harassment Based on Sex (Ed. Code§§ 230) including athletics & athletic rights (Ed. Code§§ 221.8)

 

Definition of Sexual Harassment:

Prohibited sexual harassment is unwelcome sexual conduct that may include, but is not limited to, sexual violence, unwelcome sexual advances, unwanted requests for sexual favors, or other unwanted verbal, visual, or physical conduct of a sexual nature made against another person of the same or opposite sex in the educational setting, when made on the basis of sex and under the following conditions:  Education Code§§ 212.5

5 CCR 4916

 

Examples of Prohibited Conduct on the Basis of Sex (California Education Code§§ 230)

 

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.

(Amended by Stats. 2003, Ch. 660, Sec. 1.)

 

Athletes’ Bill of Rights based on Title IX, (Ed. Code§§215, 221.8):

 

  • (a) You have the right to fair and equitable treatment, and you shall not be discriminated against based on your sex.
  • (b) You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
  • (c) You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
  • (d) You have the right to apply for athletic scholarships.
  • (e) 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.
  • (f) You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
  • (g) You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
  • (h) You have the right to file a confidential discrimination complaint with the United States Office of 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.
  • (i) You have the right to pursue civil remedies if you have been discriminated against.
  • (j) You have the right to be protected against retaliation if you file a discrimination complaint.

(Ed. Code §221.8)

 

The District has a responsibility to respond promptly and effectively to sex-based discrimination, including sexual harassment and sexual violence.  If the District knows or reasonably should know about sex discrimination, it must take action to eliminate the sex discrimination, prevent its recurrence, and address its effects.  The District must resolve complaints of sex discrimination promptly and equitably.  Information on filing a complaint alleging sex-based discrimination is below, including contact information for the District’s Title IX Coordinator Name & Contact Information (Ed. Code §§ 221.61).

For more information specific to anti-discrimination in District employment, please contact the Title IX Coordinator Name & Contact Information (Ed. Code §§ 221.61).

Learn more about your rights under Title IX:

 

Gender Equity

It is the policy of the State of California that all persons, regardless of their gender, should enjoy freedom from discrimination of any kind in the educational institution of the state. The laws expand upon gender equity and Title IX laws that provide guidance to California’s education system. Each Local Educational Agency (“LEA”) will be responsible for following the laws in addition to Title IX requirements.

Reference:

 

Single Sex Programs

In 2006, the Office for Civil Rights (“OCR”) adopted new Title IX regulations for the establishment of single sex programs in schools.  Many factors and legal requirements must be addressed if schools are considering the development of single-sex options.

 

Reference:

 

Sex Equity in Competitive Athletics

In accordance with, each public elementary, secondary, and charter school in California, that offers competitive athletics, are required to make the following information available to the public at the end of each school year:

  • The total enrollment of the school, classified by gender.
  • The number of pupils enrolled at the school who participate in competitive athletics, classified by gender.
  • The number of male and female teams, classified by sport and by competition level.

 

Competitive Athletics are defined as sports where the activity has coaches, a governing organization, practices, competes during a defined season, and has competition as its primary goal. The required data as stated above should reflect the total number of players on a team roster on the official first day of competition. Schools should post the information on the school’s website. If the school does not maintain a website, the school district or charter operator shall post the information on its website. All materials used by the school to compile the data are to be retained by the school for a minimum of three years after the information has been posted.

 

Reference:

 

Review related District policies and regulations: 

 

Title IX Training Materials (34 Code of Federal Regulations Sec. 106.45(b)(10)(D))

 

 

 

COMPLAINTS REGARDING TITLE IX INCLUDING POLICIES & COMPLIANCE MAY BE DIRECTED TO:

 

ASSISTANT SUPERINTENDENT

TITLE IX CORDINATOR
737 BEAR MOUNTAIN BOULEVARD
ARVIN, CA 93203
Telephone:(661) 854-6500

Email:  epereida-martinez@arvin-do.com

 

AUSD Written Policy on Sexual Harassment Pertaining to Pupils (Ed. Code§§ 231.5)

 

Sexual Harassment

State and federal laws protect students from all forms of sexual harassment (including sexual violence and sexual abuse). Any student, regardless of their gender, may potentially face sexual harassment, which can interfere with a student’s academic performance, as well as their emotional and physical well-being. Preventing and remedying sexual harassment in schools is essential to ensuring a safe environment in which students can learn. The OCR issued revised Title IX regulations on August 14, 2020, regarding sexual harassment.  

 

For further information regarding District policies regarding sexual harassment, refer to the following:

 

Reference:

 

How to file a complaint of sex discrimination:

You may file a complaint alleging sex or gender-based discrimination at any time by contacting the District's Title IX Coordinator in person, by telephone, by mail, or by email.

         ASSISTANT SUPERINTENDENT

TITLE IX CORDINATOR
737 BEAR MOUNTAIN BOULEVARD
ARVIN, CA 93203
Telephone:  (661) 854-6500

Email:  epereida-martinez@arvin-do.com

 

You may also file a discrimination complaint with the U.S. Department of Education Office for Civil Rights.  The electronic complaint form for the Office for Civil Rights is available online at https://ocrcas.ed.gov/. Contact the Office for Civil Rights at:

San Francisco Office
Office for Civil Rights

U.S. Department of Education
50 United Nations Plaza
San Francisco, CA 94102

Telephone: (415) 486-5555
Fax: (415) 486-5570; TDD: (800) 877-8339

Email: ocr.sanfrancisco@ed.gov

 

Complaints alleging discrimination, harassment, intimidation, and/or bullying can be filed utilizing the AUSD Uniform Complaint Form, although use of this form is not required.  These complaints must be in writing.  If you need assistance putting your complaint in writing, please contact the district by calling the Human Resources Department at (661) 854-6500. You may file a complaint anonymously, but the District’s ability to investigate and respond may be limited by a lack of information.  For more information about how to file discrimination, harassment, intimidation, bullying and other types of complaints, please contact either the Title IX Coordinator Name & Contact Information (Ed. Code §§ 221.61) or the Human Resources Department at (661) 854-6500.

 

When must a complaint be filed?

Discrimination complaints (alleging discriminatory harassment, intimidation, and/or bullying) may be filed only by persons who allege that they have personally suffered unlawful discrimination or who believe that an individual or any specific class of individuals has been subjected to unlawful discrimination. The complaint shall be initiated no later than six (6) months from the date that the alleged unlawful discrimination occurred, or six (6) months from the date that the complainant first obtained knowledge of the facts of the alleged unlawful discrimination. The time for filing may be extended for up to 90 days by the Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension. (5 CCR 4630)

 

  • You have the right to a prompt and equitable response from the school/District.
  • The District strictly prohibits retaliation against anyone who makes a complaint or participates in the complaint process.

 

Complaint Procedures:

For verbal or written complaints that fall within the jurisdiction of Title IX, those complaints shall be handled pursuant to Administrative Regulation 5145.71 Title IX Sexual Harassment Complaint Procedures (Students).   

 

Other specified complaints may be made by a student, employee, or other person participating in a District program or activity pursuant to the District’s Uniform Complaint Procedures.  A UCP complaint must be in writing and the District will provide you with assistance if requested.  Areas applicable to the UCP include, but is not limited to, allegations of violation of state or federal law or regulations governing any program including adult education, consolidated categorical programs, the federal Every Student Succeeds Act, migrant education, Regional Occupational Centers and programs, school safety plans or other District programs; alleging the occurrence of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) in district programs and activities, including in those programs or activities funded directly by or that receive or benefit from any state financial assistance, based on the person's actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, immigration status, ethnic group identification, 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 any other characteristic identified in Education Code 200 or 220, Government Code 11135, or Penal Code 422.55, or based on the person's association with a person or group with one or more of these actual or perceived characteristics (5 CCR 4610); accommodations for lactating students; student fees; noncompliance with the Local Control and Accountability Plan; school plan for student achievement; school site councils; complaints made by foster youth related to placement, grades, course work/credits; homeless, military family, migrant former juvenile court school students regarding course work/graduation requirements; classes without content; physical education minutes; retaliation for making or participating in an investigation of a complaint under this policy.

 

How will a complaint be investigated?

You have the right to a prompt and equitable response.  The District will investigate your complaint and render findings within a specified time period.  The investigation may include interviewing alleged victims, alleged offenders, and relevant witnesses, as well as reviewing available records, statements, or notes related to the complaint, including evidence or information received from the parties during the investigation.  The investigator may visit reasonably accessible locations where discrimination is alleged to have occurred.  As appropriate, the District’s compliance officer periodically will inform the parties of the status of the investigation.  The parties have the right to review relevant evidence.  The parties will be notified when a decision is made.

 

OCR Resources:

U.S. Department of Education
Office for Civil Rights

Lyndon Baines Johnson Department of Education Bldg.
400 Maryland Avenue, SW
Washington, DC 20202-1100

 

You may email them at OCR@ed.gov, or fax them at (202-453-6012). If neither of these options are available to you, mail your correspondence to the address above. You may also contact them at 800-421-3481 or OCR@ed.gov to confirm receipt of your correspondence.  For more information, visit the following OCR website's links: 

 

Other Resources: