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Non-discrimination / Harassment / Intimidation / Bullying Policy

• Board Policy 5145.3 - Nondiscrimination, Harassment, Intimidation, & Bullying
• Board Policy 5145.3 - Nondiscrimination, Harassment, Intimidation, & Bullying (Spanish)
• Administrative Regulation 5145.3 - Nondiscrimination, Harassment, Intimidation, & Bullying
• Administrative Regulation 5145.3 - Nondiscrimination, Harassment, Intimidation, & Bullying (Spanish)

Definition of 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, and including one or more acts committed by a pupil or group of pupils directed toward one or more pupils that has or can be reasonably predicted to have the effect of causing a reasonable pupil to experience a substantially detrimental effect on the pupil’s physical or mental health, academic performance, or ability to participate in school activities. Board Policy 5131.2

Bullying and Cyberbullying Board Policy and Administrative Regulation

• Legal Notice for Pupils and Parents/Guardians Bullying and Harassment 
• Legal Notice for Pupils and Parents/Guardians Bullying and Harassment (Spanish)
• Board Policy 5131.2 - Bullying
• Board Policy 5131.2  - Bullying  (Spanish) 
• Administrative Regulation 5131.2 - Bullying
• Administrative Regulation  5131.2 - Bullying  (Spanish) 

Social Media Bullying

The following are references to possible forums for social media bullying: 

1. Internet websites with free registration and ease of registration.
2. Internet websites offering peer-to-peer instant messaging.
3. Internet websites offering comment forums or sections.
4. Internet websites offering image or video posting platforms.

Sexual Harassment Board Policies and Administrative Regulations

• Board Policy 4119.11 - Sexual Harassment
• Board Policy 4119.11 Sexual Harassment (Spanish)
• Administrative Regulation 4119.11- Sexual Harassment
• Administrative Regulation 4119.11- Sexual Harassment (Spanish)
• Administrative Regulation 4119.12 - Title IX Sexual Harassment Complaint Procedures
• Administrative Regulation 4119.12 - Title IX Sexual Harassment Complaint Procedures (Spanish)
• Board Policy 5145.7 - Sexual and Gender-Based Harassment
• Board Policy 5145.7 - Sexual and Gender-Based Harassment (Spanish)
• Administrative Regulation 5145.7 - Sexual Harassment
• Administrative Regulation 5145.7- Sexual Harassment (Spanish)
• Administrative Regulation 5145.71 - Title IX Sexual Harassment Complaint Procedures
• Administrative Regulation 5145.71 - Title IX Sexual Harassment Complaint Procedures (Spanish) 

Definition of Sexual Harassment

California Education Code Section 212.5 defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or educational setting, under any of the following conditions:

1. Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, academic status, or progress.
2. Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual.
3. The conduct has the purpose or effect of having a negative impact upon the individual’s work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment.
4. 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.

California Education Code Section 230 defines harassment and other discrimination on the basis of sex include, but are not limited to, the following practices:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. On the basis of sex, harassment or other discrimination among persons, including, but not limited to, students and non-students, or academic and nonacademic personnel, in employment and the conditions thereof, except as it relates to a bona fide occupational qualification.
8. 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. 

Hate-Motivated Behavior Board Policy

• Board Policy 5145.9 - Hate-Motivated Behavior
• Board Policy 5145.9 - Hate-Motivated Behavior (Spanish)