When a report of bullying is submitted, the principal or a district compliance officer shall inform the student or parent/guardian of the right to file a formal written complaint in accordance with AR 1312.3. The student who is the alleged target of the bullying shall be given an opportunity to describe the incident, identify witnesses who may have relevant information, and provide other evidence of bullying.

Investigation and Resolution of Complaints

Any complaints of bullying shall be investigated within 24 hours.

If it is determined that a complaint is about discriminatory bullying, based on actual or perceived characteristics such as age, ancestry, color, ethnic group identification, gender expression, gender identity, gender, mental or physical disability, nationality, national origin, race or ethnicity, religion, sex, sexual orientation, or on the basis or a person’s association with a person or group with one or more of these actual or perceived characteristics, the complaint shall be resolved in accordance with law and the district’s union complaint procedures specified in AR 1312.3.

If it is determined that a complaint is about nondiscriminatory bullying, the principal or designee shall inform the complainant and shall take all necessary actions to resolve the complaint.

Discipline

Corrective actions for a student who commits an act of bullying of any type may include other means of correction, counseling, behavioral intervention and education, and, if the behavior is severe or pervasive as defined in Education Code 48900, may include suspension or expulsion in accordance with district policies and regulations. (cf. 5138 - Conflict Resolution/Peer Mediation) (cf. 5144 - Discipline) (cf. 5144.1 - Suspension and Expulsion/Due Process) (cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities)) (cf. 6159.4 - Behavioral Interventions for Special Education Students)

Any employee who permits or engages in bullying or retaliation related to bullying shall be subject to disciplinary action, up to and including dismissal. (cf. 4117.4 – Dismissal) (cf. 4118 – Suspension/Disciplinary Action) (cf. 4119.21/4219.21/4319.21 – Professional Standards) (cf. 4218 – Dismissal/Suspension/Disciplinary Action)

Legal Reference: EDUCATION CODE 200-262.4 Prohibition of discrimination 32282 Comprehensive safety plan 32283.5 Bullying; online training 35181 Governing board policy on responsibilities of students 35291-35291.5 Rules 48900-48925 Suspension or expulsion 48985 Translation of notices 52060-52077 Local control and accountability plan. PENAL CODE

- 422.55 Definition of hate crime 647 Use of camera or other instrument to invade person's privacy; misdemeanor 647.7 Use of camera or other instrument to invade person's privacy; punishment 653.2 Electronic communication devices, threats to safety

CODE OF REGULATIONS, TITLE 5 4600-4687 Uniform complain procedures UNITED STATES CODE, TITLE 47 254 Universal service discounts (e-rate) CODE OF FEDERAL REGULATIONS, TITLE 28

- 35.107 Nondiscrimination on basis of disability; complaints

CODE OF FEDERAL REGULATIONS, TITLE 34

- 104.7 Designation of responsible employee for Section 504 106.8 Designation of responsible employee for Title IX 110.25 Notification of nondiscrimination on the basis of age

COURT DECISIONS Wynar v. Douglas County school District, (2013) 728 F.3d 1062 J.C. v. Beverly Hills Unified School District, (2010) 711 F.Supp.2d 1094 Lavine v. Blaine School District, (2002) 279 F.3d 719 Management Resources: CSBA PUBLICATIONS Final Guidance: AB 1266, Transgender and Gender Nonconforming Students, Privacy, Programs, Activities & Facilities, Legal Guidance, March 2014

4 8