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STUDENT SUPPORT SERVICES

TITLE IX AND 
BULLYING

Federal law, Title IX, State law and School policy prohibit anyone from discriminating against any student on the basis of actual or perceived sex, sexual orientation, and gender (including gender identity, gender expression, marital status, pregnancy, childbirth or related medical condition).

 

Male and female students have the right to equal learning opportunities in their schools and must be treated the same in all activities and programs, including:

  • Athletics

  • The classes they can take

  • The way they are treated in the classroom

  • The kind of counseling they are given

  • The extracurricular activities in which they can participate

  • The honors, special awards, scholarships and graduation activities in which they can participate

Students who feel that their rights are being violated have the right to take action and should not be afraid of trying to correct a situation by speaking to a school administrator, psychologist, counselor, or trusted adult at school, or filing a complaint (see Uniform Complaint Procedures). Students are
encouraged whenever possible to try to resolve their complaints directly at the school site.


Any student who believes he or she is being discriminated against in violation of Title IX has the right to file a complaint.

CDE's Title IX information page: https://www.cde.ca.gov/re/di/eo/genequitytitleix.asp

For further information or assistance, contact:


Myra Salinas
Director of Student Support Services

LCS HARASSMENT,

INTIMIDATION, DISCRIMINATION, AND BULLYING POLICY

Discrimination, sexual harassment, harassment, intimidation, and bullying are all disruptive behaviors, which interfere with students’ ability to learn and negatively affect student engagement, diminish school safety, and contribute to a hostile school environment. As such, Larchmont Charter School (“LCS”) prohibits any acts of discrimination, sexual harassment, harassment, intimidation, and bullying altogether. This policy is inclusive of instances that occur on any area of the school campus, at school- sponsored events and activities, regardless of location, through school-owned technology, and through other electronic means.

 

As used in this policy, discrimination, sexual harassment, harassment, intimidation, and bullying are described as the intentional conduct, including verbal, physical, written communication or cyber-bullying, including cyber sexual bullying, based on the actual or perceived characteristics of disability, pregnancy, gender, gender identity, gender expression, nationality, ancestry, race or ethnicity, immigration status, religion, religious affiliation, sexual orientation, childbirth or related medical conditions, marital status, age, or association with a person or group with one or more of these actual or perceived characteristics or any other basis protected by federal, state, local law, ordinance or regulation. In addition, bullying encompasses any conduct described in the definitions set forth in this Policy. Hereafter, such actions are referred to as “misconduct prohibited by this Policy.”

 

LCS is committed to providing an educational atmosphere that is free of discrimination, harassment, intimidation, and/or bullying, and will take action to investigate, respond, address and report on such behaviors in a timely manner. LCS school staff that witness acts of misconduct prohibited by this Policy will take immediate steps to intervene when safe to do so.

 

LCS does not condone or tolerate harassment of any type, including bullying, discrimination, or intimidation, by any employee, independent contractor or other person with which LCS does business, or any other individual, student, or volunteer. This applies to all employees, students, or volunteers and relationships, regardless of position or gender. LCS

will promptly and thoroughly investigate any complaint of harassment and take appropriate corrective action, if warranted.

 

Title IX, Harassment, Intimidation, Discrimination and Bullying Coordinator:

Myra Salinas
Director of Student Support Services Larchmont Schools
444 N. Larchmont Blvd., #207
Los Angeles, CA 90004

myra.salinas@larchmontcharter.org

(323) 380-7893

 

 

Definitions

Prohibited Unlawful Harassment

  • Verbal conduct such as epithets, derogatory jokes or comments or slurs

  • Physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering with school because of sex, race or any other

    protected basis

  • Retaliation for reporting or threatening to report harassment

  • Deferential or preferential treatment based on any of the protected classes

    above

     

Prohibited Unlawful Harassment under Title IX

Title IX (20 U.S.C. § 1681 et. seq; 34 C.F.R. § 106.1 et. seq) and California state law prohibit harassment on the basis of sex. In accordance with these existing laws, discrimination on the basis of sex in education institutions is prohibited. All persons, regardless of sex, are afforded equal rights and opportunities and freedom from unlawful discrimination in education programs or activities conducted by LCS.

LCS is committed to providing an educational environment free of sexual harassment and considers such harassment to be a major offense, which may result in disciplinary action.

Sexual harassment consists of sexual advances, request for sexual favors and other verbal or physical conduct of a sexual nature when: (a) Submission to the conduct is explicitly or implicitly made a term or a condition of an individual's education, academic status, or progress; (b) submission to, or rejection of, the conduct by the individual is used as the basis of educational or academic decisions affecting the individual; (c) the conduct has the purpose or effect of having a negative impact upon the individual's academic performance, or of creating an intimidating, hostile, or offensive educational environment; and/or (d) submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.

It is also unlawful to retaliate in any way against an individual who has articulated a good faith concern about sexual harassment against him/her or against another individual.

Sexual harassment may include, but is not limited to:

  • Physical assaults of a sexual nature, such as:

    • Rape, sexual battery, molestation or attempts to commit these assaults and

    • Intentional physical conduct that is sexual in nature, such as touching, pinching, patting, grabbing, brushing against another’s body, or poking another’s body

  • Unwanted sexual advances, propositions or other sexual comments, such as:

    • Sexually oriented gestures, notices, remarks, jokes, or comments about a person’s sexuality or sexual experience

    • Preferential treatment or promises of preferential treatment to an individual for submitting to sexual conduct, including soliciting or attempting to solicit any individual to engage in sexual activity for compensation or reward or deferential treatment for rejecting sexual conduct

    • Subjecting or threats of subjecting a student to unwelcome sexual attention or conduct or intentionally making the student’s academic performance more difficult because of the student’s sex

  • Sexual or discriminatory displays or publications anywhere in the educational environment, such as:

    • Displaying pictures, cartoons, posters, calendars, graffiti, objections, promotional materials, reading materials, or other materials that are sexually suggestive, sexually demeaning or pornographic or bringing or possessing any such material to read, display or view in the educational environment

    • Reading publicly or otherwise publicizing in the educational environment materials that are in any way sexually revealing, sexually suggestive, sexually demeaning or pornographic, and

    • Displaying signs or other materials purporting to segregate an individual by sex in an area of the educational environment (other than restrooms or similar rooms)

 

The illustrations of harassment and sexual harassment above are not to be construed as an all-inclusive list of prohibited acts under this Policy.

 

Prohibited Bullying

Bullying is defined as any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act. Bullying includes one or more acts committed by a student group or group of students that may constitute as sexual harassment, hate violence, or creates an intimidating and/or hostile educational environment, directed toward one or more students that has or can be reasonably predicted to have the effect of one or more of the following:

  1. Placing a reasonable pupil* or pupils in fear of harm to that pupil’s or those pupils’ person or property.

  2. Causing a reasonable pupil to experience a substantially detrimental effect on his or her physical or mental health.

  3. Causing a reasonable pupil to experience a substantial interference with his or her academic performance.

  4. Causing a reasonable pupil to experience a substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by LCS.

  • “Reasonable pupil” is defined as a pupil, including, but not limited to an exceptional needs pupil, who exercises care, skill and judgment in conduct for a person of his or her age, or for a person of his or her age with his or her exceptional needs.

 

Cyberbullying

Cyberbullying is an electronic act that includes the transmission of harassing communication, direct threats, or other harmful texts, sounds, or images on the Internet, social media, or other technologies using a telephone, computer, or any wireless communication device. Cyberbullying also includes breaking into another person’s electronic account and assuming that person’s identity in order to damage that person’s reputation.

 

Electronic Act

Electronic act means the creation and transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:

  1. A message, text, sound, video, or image.

  2. A post on a social network Internet Web site including, but not limited to:

    • Posting to or creating a burn page. A “burn page” means an Internet Web site created for the purpose of having one or more of the effects as listed in the definition of “bullying,” above

    • Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in the definition of “bullying,” above. “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated

    • Creating a false profile for the purpose of having one or more of the effects listed in the definition of “bullying,” above. “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.

  3. An act of “Cyber sexual bullying” including, but not limited to:

    • The dissemination of, or the solicitation or incitement to disseminate, a

      photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in definition of “bullying,” above. A photograph or other visual recording, as described above, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.

    • “Cyber sexual bullying” does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.

  4. Notwithstanding the definitions of “bullying” and “electronic act” above, an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet

 

Grievance Procedures

 

The following procedures apply:

 

1. Reporting

All staff are expected to provide appropriate supervision to enforce standards of conduct and, if they observe or become aware of discrimination, intimidation, harassment, bullying, or other misconduct prohibited by this Policy, to intervene as soon as it is safe to do so, call for assistance, and report such incidents. The Board requires staff to follow the procedures in LCS’s policy for reporting alleged acts of misconduct prohibited by this Policy.

 

All other members of the school community, including students, parents/guardians, volunteers, and visitors, are encouraged to report any act that may be a violation of this policy to the Executive Director or designee:

 

Myra Salinas
Director of Student Support Services Larchmont Schools
444 N. Larchmont Blvd., #207
Los Angeles, CA 90004

myra.salinas@larchmontcharter.org

(323) 380-7893

 

Complaints regarding such misconduct may also be made to the U.S. Department of Education, Office for Civil Rights.

While submission of a written report is not required, the reporting party is encouraged to use the report form available in the main office. However, oral reports shall also be considered official reports. Reports may be made anonymously, but formal disciplinary action cannot be based solely on an anonymous report.

 

Students are expected to report all incidents of misconduct prohibited by this Policy or other verbal or physical abuses. Any student who feels she/he is a target of such behavior should immediately contact a teacher, counselor, Executive Director, or staff person so that she/he can get assistance in resolving the issue consistent with this Policy.

 

LCS acknowledges and respects every individual’s right to privacy. All reports shall be investigated in a manner that protects the confidentiality of the parties and the integrity of the process. This includes keeping the identity of the reporter confidential, as appropriate, except to the extent necessary to carry out the investigation and/or to resolve the issue, as determined by the Coordinator or administrative designee on a case-by-case basis.

LCS prohibits any form of retaliation against any reporter in the reporting process, including but not limited to a reporter’s filing of a complaint or the reporting of instances of misconduct prohibited by this Policy. Such participation shall not in any way affect the status, grades, or work assignments of the reporter.

All supervisors of staff will receive sexual harassment training within six (6) months of their assumption of a supervisory position and will receive further training once every two (2) years thereafter. All staff will receive sexual harassment training and/or instruction concerning sexual harassment as required by law.

2. Investigating

Upon receipt of a report of misconduct prohibited by this Policy from a student, staff member, parent, volunteer, visitor or affiliate of LCS, the Executive Director or designee will promptly initiate an investigation. In most cases, a thorough investigation will take no more than five (5) school days. If the Executive Director or designee determines that an investigation will take longer than five (5) school days, he or she will inform the complainant and any other relevant parties and provide an approximate date when the investigation will be complete.

At the conclusion of the investigation, the Executive Director or designee will meet with the complainant and, to the extent possible with respect to student confidentiality laws, provide the complainant with information about the investigation, including any actions necessary to resolve the incident/situation. However, in no case may the Executive Director or designee reveal confidential student information related to other students or employees, including the type and extent of discipline issued against such students or employees.

All records related to any investigation of complaints under this Policy will be maintained in a secure location.

 

3. Appeal

Should the reporting individual find the Executive Director or designee’s resolution unsatisfactory, he/she may follow the Dispute Resolution Process.
 

Should the Complainant find the Coordinator’s resolution unsatisfactory, he/she may, within five (5) school days, file an appeal with the Designated Appeals Committee. In such cases, at least three (3) certificated School employees who are unfamiliar with the case and who have been previously designated and trained for this purpose shall be assembled to conduct a confidential review of the Complainant’s appeal and render a final decision.

4. Uniform Complaint Procedures

When harassment or bullying is based upon one of the protected characteristics set forth in this policy, a complainant may also file a Uniform Complaint Procedures (“UCP”) complaint form at any time during the process, consistent with the procedures found in the LCS Parent/Student Handbook and UCP Policy.

 

3. Consequences

Students who engage in conduct prohibited under this Policy may be subject to disciplinary action, up to and including suspension and/or expulsion, as outlined in the Student Discipline Policy of the LCS.

For more information about organizations that provide support to youth and their families in Los Angeles County, visit the California Dept. of Education resources page.

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