The Governing Board prohibits discrimination against and/or harassment of district employees and job applicants at any district site or activity on the basis of actual or perceived race, religion, color, national origin, ancestry, age, marital status, pregnancy, physical or mental disability, medical condition, genetic information, veteran status, gender, sex, or sexual orientation.
(cf. 0410 - Nondiscrimination in District Programs and Activities) (cf. 4032 - Reasonable Accommodation) (cf. 4119.11/4219.11/4319.11 - Sexual Harassment) (cf. 4119.41/4219.41/4319.41 - Employees with Infectious Disease) (cf. 4154/4254/4354 - Health and Welfare Benefits) (cf. 5145.7 - Sexual Harassment)
Prohibited discrimination or harassment consists of unwelcome conduct, whether verbal, physical, or visual, based on any of the prohibited categories of discrimination listed above that it is so severe and pervasive that it adversely affects an individual's employment opportunities or has the purpose or effect of unreasonably interfering with his/her work performance or creating an intimidating, hostile, or offensive work environment.
The Board also prohibits retaliation against any district employee or job applicant who complains, testifies, assists, or in any way participates in the district's complaint procedures instituted pursuant to this policy.
Any district employee who engages or participates in prohibited discrimination or harassment, or who aids, abets, incites, compels, or coerces another to engage or attempt to engage in such behavior, shall be in violation of this policy and shall be subject to disciplinary action, up to and including dismissal.
The Board designates the following position(s) as Coordinator(s) for Nondiscrimination in Employment:
Superintendent 13306 4th Street Hickman, CA 95323-9634 209-874-1816
Any employee or job applicant who believes that he/she has been or is being discriminated against or harassed in violation of district policy or regulation should immediately contact his/her supervisor, the Coordinator, or the Superintendent who shall advise the employee or applicant about the district's procedures for filing, investigating, and resolving any such complaints.
Complaints regarding employment discrimination or harassment shall immediately be investigated in accordance with AR 4031 - Complaints Concerning Discrimination in Employment.
(cf. 4031 - Complaints Concerning Discrimination in Employment)
Any supervisory or management employee who observes or has knowledge of an incident of prohibited discrimination or harassment shall report the incident to his/her supervisor, the Coordinator, or Superintendent as soon as practical after the incident. All other employees are encouraged to report such incidents to their supervisor immediately.
Training and Notifications
The Superintendent or designee shall provide training to employees about how to recognize harassment and discrimination, how to respond appropriately, and components of the district's policies and regulations regarding discrimination.
The Superintendent or designee shall regularly publicize, within the district and in the community, the district's nondiscrimination policy and the availability of complaint procedures. Such publication shall be included in each announcement, bulletin, or application form that is used in employee recruitment. (34 CFR 100.6, 106.9)
The district's policy shall be posted in all schools and offices including staff lounges and student government meeting rooms. (5 CCR 4960)
Legal Reference: EDUCATION CODE 200-262.4 Prohibition of discrimination CIVIL CODE 51.7 Freedom from violence or intimidation GOVERNMENT CODE 11135 Unlawful discrimination 12900-12996 Fair Employment and Housing Act
Legal Reference: (see next page) PENAL CODE 422.56 Definitions, hate crimes CODE OF REGULATIONS, TITLE 2 7287.6 Terms, conditions and privileges of employment CODE OF REGULATIONS, TITLE 5 4900-4965 Nondiscrimination in elementary and secondary education UNITED STATES CODE, TITLE 20 1681-1688 Title IX of the Education Amendments of 1972 UNITED STATES CODE, TITLE 29 621-634 Age Discrimination in Employment Act 794 Section 504 of the Rehabilitation Act of 1973 UNITED STATES CODE, TITLE 42 2000d-2000d-7 Title VI, Civil Rights Act of 1964, as amended 2000e-2000e-17 Title VII, Civil Rights Act of 1964, as amended 2000ff-2000ff-11 Genetic Information Nondiscrimination Act of 2008 2000h-2-2000h-6 Title IX of the Civil Rights Act of 1964 12101-12213 Americans with Disabilities Act CODE OF FEDERAL REGULATIONS, TITLE 28 35.101-35.190 Americans with Disabilities Act CODE OF FEDERAL REGULATIONS, TITLE 34 100.6 Compliance information 104.7 Designation of responsible employee for Section 504 104.8 Notice 106.8 Designation of responsible employee and adoption of grievance procedures 106.9 Dissemination of policy COURT DECISIONS Shephard v. Loyola Marymount, (2002) 102 CalApp.4th 837
Management Resources: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PUBLICATIONS Questions and Answers: Religious Discrimination in the Workplace, 2008 Enforcement Guidance: Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act, October 2002 Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors, June 1999 U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS Notice of Non-Discrimination, January 1999 WEB SITES California Department of Fair Employment and Housing: http://www.dfeh.ca.gov U.S. Department of Education, Office for Civil Rights: http://www.ed.gov/about/offices/list/ocr U.S. Equal Employment Opportunity Commission: http://www.eeoc.gov
Philosophy, Goals, Objectives, and Comprehensive Plans BP 0410(a)
NONDISCRIMINATION IN DISTRICT PROGRAMS AND ACTIVITIES
The Governing Board is committed to equal opportunity for all individuals in education. District programs and activities shall be free from discrimination based on gender, sex, race, color, religion, ancestry, national origin, ethnic group identification, marital or parental status, physical or mental disability, sexual orientation or the perception of one or more of such characteristics. The Board shall promote programs which ensure that discriminatory practices are eliminated in all district activities.
District programs and facilities, viewed in their entirety, shall be in compliance with the Americans with Disabilities Act.
The Superintendent or designee shall ensure that the district provides auxiliary aids and services when necessary to afford individuals with disabilities equal opportunity to participate in or enjoy the benefits of a service, program or activity. These aids and services may include, but are not limited to, qualified interpreters or readers, assistive listening devices, notetakers, written materials, taped text, and Braille or large print materials.
Individuals with disabilities shall notify the Superintendent or principal if they have a disability that requires special assistance or services. Reasonable notification should be given prior to the school-sponsored function, program or meeting.
The Superintendent or designee shall notify students, parents/guardians, employees, employee organizations and applicants for admission and employment, and sources of referral for applicants about the district's policy on nondiscrimination. Such notification shall be included in each announcement, bulletin, catalog, application form or other recruitment materials distributed to these groups.
The Superintendent or designee shall also provide information about related complaint procedures.
In compliance with law, the district's nondiscrimination policy shall be published in the individual's primary language to the extent practicable.
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