WISEBURN SCHOOL DISTRICT

"
Tom Johnstone, Ed.D., Superintendent
Nelson Martinez, President, Board of Trustees, • Roger Banuelos, Clerk Susan Andriacchi, Member • Dennis Curtis, Member • Israel Mora, Member

Juan De Anza • Peter Burnett • Juan Cabrillo • Richard Henry Dana

March 27, 2012

Rob Kuznia Staff Writer Daily Breeze 21250 Hawthorne Blvd., Suite 170 Torrance, CA 90503 Re:

Public Record Act Request Dated March 22. 2012 Wiseburn School District

Dear Mr. Kuznia: Please allow this letter to serve as Wisebum School District's response to your California Public Records Act ("CPRA') e-mail request of March 22,2012. By virtue of your letter's reference to Miramonte Elementary School in Los Angeles, we are interpreting your request for those records relating to allegations of teacher sexual misconduct. If our interpretation of your request is incorrect, please notify me immediately.

Requests: (1) (2) Access to and copies of the districtpolicy on teacher conduct; and The policy/or reporting and investigating claims of misconduct:

The Wisebum School District has determined that the School District's "policy on teacher conduct" and "policy for reporting and investigating claims of misconduct" are public records under the California Public Records Act (California Government Code § 6250 et seq.). Those records responsive to this portion of your request are enclosed at no cost to you.

Request: (3) The status 0/ any and all investigations into teacher misconduct dating back to the 2006-07 school year.

Your request for the "status of any and all investigations into teacher misconduct dating back to the 2006-07 school year" does not seek an identifiable public record. Rather, your request requires the School District to compile a list or report in response to your request.

Mr. Kuznia Re: California Public Records Act Request - Wiseburn School District 3/27/2012 Page 2 We ask for your cooperation in clarifying the phrase "any and all investigations into teacher misconduct." The School District is unclear as to whether your request seeks complaints lodged under the Uniform Complaint Procedures, which mayor may not relate to teacher misconduct or final investigative reports. Furthermore, records relating to complaints or final investigative reports insofar as they exist, may be exempt from disclosure under the CPRA, pursuant to the ''personnel'' exception of Government Code § 6254( c). We appreciate your cooperation in clarifying the scope of this request. Request: (4) Copies of any forms sent to the state demanding the revocation of teacher credentials due to misconduct dating back to the 2006-07 school year.

We are uncertain as to your intended meaning ofthe phrase "forms sent to the state demanding the revocation of teacher credentials due to misconduct." The School District cannot "demand the revocation of teacher credentials." To clarify, the School District is required to report to the Commission on Teacher Credentialing ("CTC") teachers' separation from service, suspensions of more than 10 days, or other actions as a result of allegations of misconduct, as required by Title 5, California Code of Regulations § 80303. The CTC is ultimately responsible for determining whether a teacher's credential should be subject to disciplinary action such as suspension or revocation. Further, these reports, insofar as they exist, may be exempt from disclosure under the CPRA, pursuant to the ''personnel'' exception of Government Code § 6254(c). Please note that all investigative processes of the CTC are closed to the public and entirely confidential, until "final action" is taken, pursuant to Education Code § 44245. In fact, unauthorized disclosure of such information is a misdemeanor. See Education Code § 44248. If you are not seeking the School District's reports of misconduct made to the CTC, please clarify with us immediately so that we may respond to your request accordingly. Notwithstanding the information provided above, the Wisebum School District has not had any investigations into teacher misconduct dating back to 2006-07, nor has the District reported any allegations of teacher misconduct to the Commission on Teacher Credentialing during that same timeframe. If you would like to discuss your request in further detail, please do not hesitate to contact me. Thanks Rob!

Sincerely,
~

Tom John ne, Ed.D. Superintendent

Commmrlty Relations
COMPLAINTS CONCERNING DISTRICT EMPLOYEES

AR 1312.l(a)

Complaint Procedures The Superintendent or designee shall determine whether a complaint should be considered a complaint against the district and/or the individual. and whether it should be resolved by the district's process for complaints concerning personnel, other district procedures. or both.
(cf. 1312.2 - Complaints Concerning Instructional Material) (cf. 1312.3 - Uniform Complaint Procedures)

The Board of Trustees shall annually review district policies and regulations related to complaints against school personnel. (Education Code 35160.5) In order to promote fair and constructive communication. the following procedures shall govern the resolution of complaints against district employees: 1. Every effort should be made to resolve a complaint at the earliest possible stage. Whenever possible. complaints concerning school personnel should be made directly by the complainant to the person against whom the complaint is made. Parents/guardians are encouraged to attempt to orally resolve concerns with the staff member personally. If a complainant is unable or unwilling to resolve the complaint directly with the person involved, he/she may submit an oral or written complaint to the employee's immediate supervisor or the principaL When a written complaint is received. the employee shall be notified in accordance with collective bargaining agreements. All complaints related to district personnel other than administrators shall be submitted in writing to the principal or immediate supervisor. If the complainant is unable to prepare the complaint in writing, administrative staff shall help him/her to do so. Complaints related to a principal or central office administrator shall be initially filed in writing with the Superintendent or designee. Complaints related to a Board member or to the Superintendent shall be initially filed in writing with the Board. A written complaint must include: a The name of each employee involved,

2.

3. 4.

5.

AR 1312.1(b) COMPLAINTS CONCERNING DISTRICT EMPLOYEES (continued)
b.

A brief but specific summary of the complaint and the facts surrounding it, and A specific description of any prior attempt to discuss the complaint with the employee and the failure to resolve the matter.

c.

6.

The person responsible for investigating complaints will attempt to resolve the complaint to the satisfaction of the person(s) involved within 3D days. The complainant may appeal a decision by the principal or immediate supervisor to the Superintendent or designee, who will attempt to resolve the complaint to the satisfaction of the person(s) involved within 3D days. Complainants should consider and accept the Superintendent or designee's decision as final. However, the complainant, the employee. or the Superintendent or designee may ask to address the Board regarding the complaint. Before any Board consideration of a complaint, the Superintendent or designee shall submit to the Board a written report concerning the complaint, including but not be limited to:

7.

8.

a
b.

The name of each employee involved. A brief but specific summary of the complaint and the facts surrounding it, sufftcient to inform the Board and the employee(s) as to the precise nature of the complaint and to allow the employee(s) to prepare a defense. A copy of the signed original complaint. A summary of the action taken by the Superintendent or designee, together with his /her specific finding that the problem has not been resolved and the reasons. decision without

c. d.

9. 10.

The Board may uphold the Superintendent's hearing the complaint.

All parties to a complaint may be asked to attend a Board meeting in order to present all available evidence and allow every opportunity for explaining and clarifying the issue.

~·"'T

.

AR 1312.1(c) COMPLAINTS CONCERNING DISTRICT EMPLOYEES 11. (continued)

Before the Board holds a closed session to hear complaints or charges brought against an employee, the employee shall receive written notice of his/her right to have the complaints or charges heard in open session rather than closed session. This notice shall be delivered personally or by mail at least 24 hours before the time of the session, and the employee may request that the complaints or charges be heard in open session. Complaints concerning Board members shall be addressed in open session unless a closed session is warranted pursuant to Education Code 35146 or 48918 or Government Code 54957 or 54957.6. (Government Code 54957)

(if.

(c;[. 9321 - Closed Session Purposes and Agendas)
9323 - Meeting Conduct)

12.

Any decision of the Board shall be final. Regarding Child Abuse

Complaints

When a complaint of child abuse is alleged, the district shall provide parents/guardians procedures for filing a child abuse complaint with the appropriate child protective agencies. Upon request, such procedures shall be written in the primary language of the parent/guardian, and the Superintendent or designee shall provide an interpreter if needed . .(Statutes Other than Code, Ch. 1102, Statutes of 1991) Providing the above procedures to parents/guardians does not relieve mandated reporters from their duty to report suspected child abuse in accordance with law.
(cf. 4112.6 - Personnel Records) (cf. 4144 - Employee Complaints) (cf. 5141.4 - Child Abuse Reporting Procedures)

Regulation approved: November 14, 1995

WISEBURN SCHOOL DISTRICT Hawthorne, Californi a

Community

Relations

E 1312.1(a)

CDE LEGAL ADVISORY LO: 4-93 PROCEDURES FOR PARENTS OR GUARDIANS OF STUDENTS TO IDENTIFY AND REPORT CHILD ABUSE COMMITTED AT A SCHOOL SITE BY A SCHOOL DISTRICT EMPLOYEE OR OTHER PERSON The following information, taken from Penal Code Sections 273a, 273d, and 11165.6. will assist parents/guardians in deciding whether to file a complaint of child abuse. What is Child Abuse and What is Not Chlld Abuse Child abuse is a physical injury which is inflicted by other than accidental means on a child by another person . .It also means the sexual abuse of a child.
It also means willful cruelty or unjustifiable punishment of a child, or willfully inflicting unjustifiable physical pain or mental suffering, or failure to safeguard a child from these injuries when the child is under a person's care or custody. It also means

unlawful corporal punishment traumatic condition.

or injury resulting

in a

Child abuse also means neglect of a child or abuse in out-of-home care. (Out-of-home care is defined in Penal Code Section 11165.5 as a situation where the person responsible for the child's welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency.) Child abuse does not mean a mutual affray or fight between minors. It also does not include an injury caused by the actions of a peace officer using reasonable and necessary force: 1. 2. 3. 4. 5. To quell a disturbance damage to property; threatening physical injury to person or

To prevent physical injury to person or damage to property; For purposes of self-defense; To obtain possession of weapons or other dangerous objects within the control of a child; or . To apprehend an escapee.

E 1312.l(b) In addition, child abuse does not include injury caused by any force that is reasonable and necessary for person employed by or engaged in a public school: 1. 2. 3. To stop a disturbance damage to property;
,

threatening

physical injury to people or

For purposes of self-defense; or To obtain possession of weapons or other dangerous objects within control of a student. (Education Code 44807, 49001)

How to File a Complaint of Chlld Abuse Against School District Employees or Others at School Sites Parents/guardians of students have the right to file a complaint against a school district employee or other person that they suspect has engaged in abuse of a child at a school site. To file a complaint, the parent/guardian must file a formal report with the local child protective agency. This may be done by telephone, in person, or in writing. A complaint may also be filed with the appropriate local school district or county office of education; however, school districts and county offices of education do not investigate child abuse complaints. In addition, if the child is disabled and enrolled in special education, a separate complaint may be filed with the California Department of Education (CDE) under the California Code of Regulations, Title 5, Section 4650(a)(viii)(c). The CDE does not investigate allegations of child abuse. The CDE investigates conditions that may involve immediate physical danger or threaten the health, safety or welfare of the child and which may result in denial of free appropriate public education. As defined in the Child Abuse and Neglect Reporting Act of 1987, a child protective agency is a police or sheriffs department. These agencies are listed in local telephone directories under government listings. Police will be found under city government listings; sheriffs, probation, welfare departments and child protective services will be found under county government listings. The local child protective agency shall investigate the complaint. Code 11165.14) (Penal

If the complaint is substantiated, the local child protective agency is required to forward a copy of the investigation report to the governing board of the local school district or county office of education. (Penal Code 11165.14)

E 1312.1(c)

Child protective agencies are also required to cross-report every known or suspected instance of child abuse to the other child protective agencies having jurisdiction over the case (for example, county welfare to law enforcement, and vice versa), to the agency responsible for conducting investigations for dependency determinations pursuant to Welfare and Institutions Code 300, and to the district attorney. (Penal Code 11166(g))

Exhibit version: April 27, 1999

WISEBURN SCHOOL DISTRICT Hawthorne, California

Certificated Personnel
CRIMINAL RECORD CHEC~

AR 4112.5(a) 4312.5

The Superintendent or designee shall ensure that no person is hired in a position requiring certification qualifications or supervising positions requiring certification qualifications who has been convicted of a violent or serious felony, unless that person has obtained a certificate of rehabilitation and a pardon. (Education Code 44830.1)
(ef 4112.2 - Certification)

However, a certificated employee may be hired by the district, without .obtatntng a criminal record summary, if that employee became a permanent employee of another school district as of October 1, 1997. (Education Code 44830.1) The Superintendent or designee shall ensure that no current certificated temporary, substitute or temporary employee serving before March 15 of the employee's second probationary year who has been convicted of a violent or serious felony is retained. (Education Code 44830.1) When the Governing Board requests a criminal record summary of. a temporary, substitute or probationary certificated employee, the district shall submit two fingerprint cards in accordance with law, together with a personal description of the person and a fee, to the Department of Justice. (Education Code 44830.1) .
(ef 4121 - Temporary/Substitute Personnel)

Upon notification by the Department of Justice that a current temporary, substitute or probationary employee, serving before March 15 of the employee's second probationary year, has been convicted of a violent or serious felony, the Superintendent or designee shall immediately place that employee on leave Without pay. (Education Code 44830.1) When the district receives written electronic notification of the fact of conviction from the Department of Justice, the Superintendent or designee shall immediately terminate the employee without regard to any other procedure for termination specified in the Education Code or district procedures, unless that employee has received a certificate of rehabilitation and a pardon. (Education Code 44830.1) If the employee challenges the Department of Justice record and the Department of Justice withdraws in writing its notification, the Superintendent or designee shall immediately reinstate the employee with full restoration of salary and benefits for the period of time from the suspension without pay to the reinstatement. .(Education Code 44830.1)

AR 4112.5{b) 4312.5 CRIMINAL RECORD CHECK (continued) The Superintendent or designee shall request subsequent arrest service from the Department of Justice as provided under Penal Code 11105.2. (Education Code 44830.1)
(cf 4112.62/4212.62/4312.62 -Maintenance oj Criminal Offender Records)

Temporary Certificates of Clearance Before issuing a temporary certificate of clearance to an applicant whose credential is being processed, the Superintendent or designee shall obtain a criminal record summary from the Department of Justice. The Superintendent or designee shall not issue a temporary certificate of clearance if the applicant has been convicted of a violent or serious felony, unless the applicant has obtained a certificate of rehabilitation and pardon. (Education Code 44332, 44332.5, 44332.6) The Superintendent or designee may issue a temporary certificate of clearance without obtaining a criminal record summary to an employee currently and continuously employed by a district within the county who is serving under a valid credential and has applied for a renewal of that credential or for an additional credential. (Education Code 44332.6) The Superintendent or designee may issue a temporary certificate of clearance to a person who has been convicted of a serious felony that is not also a violent felony, if that.person can prove to the sentencing court of the offenseIn question, by clear and convincing evidence. that he/she has been rehabilitated for the purposes of school employment for at least one year. (Education Code 44332.6) .

Legal Reference:

(see next page)

AR 4112.S(c} 4312.5 CRIMINAL RECORD CHECK (continued)

Legal Reference: EDUCATION CODE 44010 Sex offense 44332 Temporary certificate 44332.6 Criminal record check, county board of education. 44346.1 Applicants for credential, conviction of a violent or serious felony 44830.1 Certificated employees, conviction of a violent or serious felony 44830.2 Certificated employees; interagency agreement 44836 Conviction of a sex offense 45122.1 Classified employees, conviction of a violent or serious felony 45125 Use of personal identification cards to ascertain conviction of crime 45125.01 Classified. employees; interagency agreements 45125.5 Automated records check 45126 Duty of Department of Justice tojumish information PENAL CODE 667.5 Prior prison. terms, enhancement of prison terms 1192.7 Plea bargaining limitation 11105.2 Subsequent arrest notification CODE OF REGUlATIONS. TITLE 11 703 Release of criminal offender record information 708 Destruction of criminal offender record information Management Resources: WEB SITES Department of Justice/Attorney CSBA: http://www.csba.org

General's Office: http://www.caag.state.ca.us/app

Regulation approved: April 27, 1999

WISEBURN

Hawthorne, Callfornia

SCHOOL DISTRICT

Certificated Personnel SUSPENSION/DISCIPLINARY ACTION

BP 4118

The Governing Board desires that employees understand what is considered unacceptable conduct. Any violation of Board policy or administrative regulations shall be subject to disciplinary action. The Superintendent or designee may take disciplinary action as he/she deems appropriate in light of the particular facts and circumstances involved. He/she shall ensure that disciplinary actions are taken in a consistent, nondiscriminatory manner and are appropriately documented.

(if. 1312.1 • Complaints Concerning District Employees) (cf. 4030 - Nondiscrimination in Employment) (cf. 4117.4 • Dismissal)

Legal Reference: EDUCATION CODE 44009 Conviction of specified crimes 44010 Sex offense - definitions 44011 Controlled substance offense - definitions 44932 Grounds Jor dismissal of pennanent employee 44933 Other grounds for dismissal 44938 Unprofesstonai conduct or incompetency; notice oj charges 44940 Sex offenses and narcotic offenses; compulsory leave of absence 44940.5 Compulsory leave of absen.ce;procedures; extension; compensation; bond ~ or security; reports 44942 Suspension or transfer of certiflcated employee on grounds of mental illness 44944 Conduct ojhearing 44948.3 Dismissal of probationary employees 45055 Drawing oj warrants jor teachers 51530 Advocacy or teaching of communism GOVERNMENT CODE 3543.2 Scope cf represeniatioti PENAL CODE 291 School employees; arrestjor sex offense; notice to school authorities Crow[ v. Commission on ProfeSSional Competence (1990)225 Col. App. 3d 334 (275 CaLRptr. 86)

\ __ )

Policy

adopted:

November 14, 1995

WISEBURN SCHOOL DISTRICT Hawthorne, California

Certificated

Personnel ACTION

AR 4118(a)

SUSPENSION/DISCIPLINARY Disciplinary Guidelines

The Superintendent or designee shall prepare written guidelines which identify types of misconduct and possible consequences. Disciplinary guidelines shall describe progressive disciplinary actions which may be taken, including verbal warning. written warning, reassignment. suspension, freezing or reducing of wages, compulsory leave and dismissal. Suspension Without Pay

When a permanent certificated employee's unprofessional conduct is not considered serious enough to warrant dismissal, hel she may be suspended without pay on grounds of unprofessional conduct, following procedures designated in Education Code 44932. A probationary certificated employee may be suspended without pay for a specified period as an alternative to dismissal during the school year, following procedures designated in Education Code 44948.3. Notice of Unprofessional Conduct

Prior to the filing of written charges leading to suspension without pay, the employee shall receive a notice which indicates the nature of his/her unprofessional conduct. cites specific instances of unprofessional behavior, and gives him/her a 45-day opportunity to correct this conduct and avoid suspension. This notice shall also include the employee's evaluation made pursuant to Education Code 44664, if applicable. If the employee demonstrates full remediation during the above 45 days. disciplinary action shall not be taken.
(ef 4115 - Evaluation/Superoision)

Nonperformance

of Duties

Whenever an employee refuses to perform assigned work without an acceptable reason, the Superintendent or designee shall deduct from his/her wages an amount reasonably related to the time not worked. (Education Code 45055)
(cf 4141.6 - Concerted Action/Work Stoppage)

AR 4118(b) SUSPENSION/DISCIPLINARY ACTION (continued)

Compulsory Leave
The Governing Board shall immediately place on compulsory leave of absence any certificated employee who is charged with committing: 1. 2. Any sex offense as defined in Education Code 44010. Code 44940) (Education

Any offense involving the unlawful sale, use or exchange to minors of controlled substances identified in law as a mandatory leave offense. (Education Code 44940)

The Board also may requtre an immediate compulsory leave of absence when a certificated employee is charged with other offenses specified in law. (Education Code 44940) This leave may extend for not more than 10 days after the entry of judgment in the proceedings. (Education Code 44940) The Board may extend a certificated employee's compulsory leave by giving him/her notice. within 10 days after the entry of judgment in the proceedings, that he/she will be dismissed in 30 days unless he/she demands a hearing. (Education Code 44940.5) (q. 4117.4 - Dismissal) Employee compensation during the period of compulsory leave shall be made in accordance with Education Code 44940.5.

Regulations approved: November 14, 1995

WISEBURN SCHOOL DISTRICT Hawthorne, California

All Personnel CODES OF ETmCS

BP 4119.21 4219.21 4319.21

The Governing Board expects district employees to maintain the highest ethical standards. to follow district policies and regulations, and to abide by state and national laws. Employee conduct should enhance the integrity of the district and the goals of the educational program. The Board encourages district employees to accept as gUiding princtples the codes of ethics published by professional associations to which they may belong.
(cf 9271 - Code of Ethics)

Legal Reference: CODE OF REGUlATIONS. TITlE 5

$0331-80338

Rules of Conduct for Professional Educators

,

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)

Policy adopted:

November 14, 1995

WISEBURN SCHOOL DISTRICT Hawthorne, California

Students
SEXUAL HARASSMENT

AR 5145.7(a)

Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, and other verbal. visual or physical conduct of a sexual nature when: (Education Code 212.5) 1. 2. 3. Submission to the conduct is explicitly or implicitly made a term or condition of an individual's academic status or progress. Submission to or rejection of the conduct by an individual is used as the basis for academic decisions affecting the individual. The conduct has the purpose or effect of having a negative impact on the individual's academic performance, or of creating an intimidating, hostile or offensive educational environment. 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 school.

t

4.

Types of conduct which are prohibited in the district and which may constitute sexual harassment include, but are not limited to: 1. 2. 3. 4. 5; 6. ·7. 8. 9. 10. Unwelcome sexual flirtations or propositions Sexual slurs, leering. epithets. threats, verbal abuse, comments or sexually degrading descriptions Graphic verbal comments about an individual's personal conversation derogatory

body, or overly

Sexual jokes, notes. stories, drawings, pictures or gestures Spreading sexual rumors Teasing or sexual remarks predominantly single-sex class about students enrolled in a

Touching an individual's body or clothes in a sexual way Purposefully cornering or blocking normal movements Limiting_a student's access to educational tools Displaying sexually suggestive objects

AR 5145.7(b)

SEXUAL HARASSMENT Notifications

(continued)

A copy of the district's sexual harassment policy and regulation shall:

1.

Be included in the notifications that are sent to parents/guardians at the beginning of each school year (Education Code 48980)

(ef 5145.6 - Parental Notifications)

2. 3.

Be displayed in a prominent location near each school principal's office (Education Code 212.6) Be provided as part of any orientation program conducted for new students at the beginning of each quarter, semester or summer session (Education Code 212.6) Appear in any school or district publication that sets forth the school's or district's comprehensive rules, regulations, procedures and standards of conduct (Education Code 212.6) Be provided to employees and employee organizations

4.

5.

Investigation of Complaints at School (Site-Level Grievance Procedure) 1. The principal or designee shall promptly investigate all complaints of sexual harassment. In so doing. he/she shall talk individually with: a b. c. d. 2. The student who is complaining The person accused of harassment Anyone who saw the harassment take place Anyone mentioned as having related information

The student who is complaining shall have an opportunity to describe the incident, present witnesses and other evidence of the harassment, and put his/her complaint in writing. The prtnctpal or designee shall discuss the complaint only with the people described above. When necessary to carry out his/her investigation or for other good reasons that apply to the particular situation, the principal or designee also may discuss the complaint with the following persons:

3.

AR 5145.7(c)
SEXUAL HARASSMENT

(continued) or designee

a b. c. d. e. f.

The Superintendent

The parent/ guardian of the student who complained The parent/ guardian someone of the person accused of harassing

A teacher or staff member whose knowledge of the students involved may help in determining who is telling the truth Child protective agencies responsible for investigating child abuse reports Legal counsel for the district

(eJ 5141.41 - Child Abuse Prevention)

4.

When the student who complained and the person accused of harassment so agree, the principal or designee may arrange for them to resolve the complaint informally with the help of a counselor, teacher, administrator or trained mediator. The student who complained shall never be asked to work out the problem directly with the accused person unless such help is provided. The principal or designee shall tell the student who complained that he/ she has the right to file a formal complaint at any time in accordance with the district's uniform complaint procedures. If the student wishes to file a formal complaint, the principal or designee shall assist the student in doing this.

5.

(ej 1312.3 - Uniform Complaint Procedures)

6.

In reaching a decision about designee may take into account: a b. c. d.

the complaint,

the principal

or

Statements made by the persons identified above The details and coriststency of each person's account Evidence of how the complaining incident Evidence of past instances person student reacted to the

of harassment

by the accused

AR 5145.7(d)

SEXUAL HARASSMENT e. 7.

(continued)

Evidence of past harassment complaints that were found to be untrue the principal or designee one or more students'

To judge the severity of the harassment, may take into consideration: a
b.

How the education

misconduct

affected

The type, frequency and duration of the misconduct The number of persons involved The age and sex of the person accused of harassment The subject{s) of harassment The place and situation where the incident occurred Other incidents at the school; including. harassment that were not related to sex. incidents of

c. d. e.

f.
g. 8.

The principal or designee shall write a report of his/her findings, decision, and reasons for the decision and shall present this report to the student who complained and the person accused. The principal or designee shall give the Superintendent or designee a written report of the complaint and investigation. If he/she verifies that sexual harassment occurred. this report shall describe the actions he/she took to end the harassment. address the effects of the harassment on the person harassed. and prevent retaliation or further harassment. Within two weeks after receiving the complaint. the principal or designee shall determine whether or not the student who complained has been further harassed. The principal or designee shall keep a record of this information and shall continue this follow-up at his/her discretion.

9.

10.

Enforcement

The Superintendent or designee shall take appropriate actions to reinforce the district's sexual harassment policy. As needed, these actions may include any of the following;

-

AR 5l45.7(e) SEXUAL HARASSMENT 1. 2. 3.
4.

(continued)

Removing vulgar or offending graffiti ~ Providing staff inservice and student instruction Notifying parents Iguardians Notifying child protective services Taking appropriate dtsciplinary action. In addition, the principal or designee may take disciplinary measures against any person who is found to have made a complaint of sexual harassment which he/ she lrnew was not true. or counseling

5.

(

Regulation . approved: April 14, 1998

WISEBURN SCHOOL DISTRICT Hawthorne, California

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