Fenton Avenue Charter School & Fenton Primary Center A Fenton Charter Public School

School Policies

Nondiscrimination Statement

The Fenton Charter Public Schools prohibits discrimination, harassment, intimidation, and bullying based on actual or perceived ancestry, age, color, disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sex, sexual orientation, or association with a person or a group with one or more of these actual or perceived characteristics, discrimination, harassment, intimidation, and bullying based upon pregnancy, childbirth or related medical conditions, race, religion, creed, color, gender, national origin or ancestry, physical or mental disability, medical condition, marital status, or age, against its employees and applicants for employment on the basis of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual’s income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the organization. (Not all prohibited bases will apply to all programs and/or employment activities.)

Sexual Harassment Policies

Sexual Harassment Contact Information

For more information contact the main office:

Fenton Avenue Charter School

11828 Gain Street

Lake View Terrace, CA 91342

Phone:                       (818) 896-7482

Fax:                           (818) 890-9986

Title IX Officer: School Counselor

 

Fenton Primary Center

11351 Dronfield Avenue

Pacoima, CA 913331

Phone:                       (818) 485-5900

Fax:                           (818) 485-5194

Title IX Officer: School Counselor

Sexual Harassment Overview

Sexual harassment of or by employees, students, or persons doing business with the Charter School, is a form of sex discrimination in that it constitutes differential treatment on the basis of sex, sexual orientation (actual or perceived), or gender or gender identity (actual or perceived).  As such, any act of sexual harassment is a violation of state and federal laws and a violation of Charter School policy.  Fenton Charter Public Schools (“Charter School”) is committed to providing a work and educational atmosphere that is free of unlawful harassment.  The Charter School’s policy prohibits sexual harassment and unlawful discrimination, harassment, intimidation, and bullying based on actual or perceived ancestry, age, color, disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sex, sexual orientation, or association with a person or a group with one or more of these actual or perceived characteristics and harassment based upon pregnancy, childbirth or related medical conditions, race, religion, creed, color, gender, national origin or ancestry, physical or mental disability, medical condition, marital status, age, sexual orientation, or any other basis protected by federal, state, local law, ordinance or regulation. The Charter School will not condone or tolerate harassment of any type by any employee, student, independent contractor or other person with which the Charter School does business. This policy applies to all employee actions and relationships, regardless of position or gender. The Charter School will promptly and thoroughly investigate any complaint of harassment and take appropriate corrective action, if warranted.

 

 

Conduct which may result in sexual harassment may include, but is not necessarily limited to the following:

 

•   Physical - unwelcome conduct such as unwanted touching, pinching, kissing, patting, or hugging; the blocking of normal movement; stalking; assault; and/or physical interference with work or study directed at an individual because of the individual's sex, sexual orientation, or gender.

 

•   Verbal - unwelcome conduct such as the use of suggestive, derogatory, or vulgar comments; the use of sexual innuendo or slurs; making unwanted sexual advances, invitations, or comments; pestering for dates; making threats; and/or spreading rumors about or rating others as to their sexual activity or performance.

 

•   Visual - unwelcome conduct such as the display of sexually suggestive objects, pictures, posters, written material, cartoons, or drawings; the use of graffiti and/or computer-generated images of a sexual nature; and/or the use of obscene gestures or leering.

 

•   Threats, demands, or pressure to submit to sexual requests in order to keep a job or academic standing or to avoid other loss, and/or offers of benefits in return for sexual favors.

 

How can students prevent sexual harassment?

 

•   Do not harass or encourage those who harass other students. Remember, “I was only kidding”, will never be accepted as a defense to sexual harassment.

 

•   Give everyone respect. Be sensitive to how others perceive your actions or words.

 

•   If you are harassed, tell the harasser that the conduct offends you and you want it to stop, if it is safe for you to do so.

 

•   Do not be a social spectator. If you witness the harassment or bullying of others, you can respond by reporting the incident to your teacher or school administrator. Remember, doing nothing empowers the harasser.

 

•   If the harassment does not stop, report it. It is up to your school to investigate and take action.  There are many ways to deal with sexual harassment; silence is not the answer. Ignoring it does not stop it.

 

•   If a friend or a classmate confides in you, listen with understanding and support. Encourage that person to report the harassment.   

Sexual Harassment Complaint Process

Students and parents/guardians can report a verbal or written complaint to the Charter School Director (Title IX Bullying Complaint Manager) or Dean of Students within six months from the date of the incident occurred.  Complainants have the right to a timely and informal resolution at the school site.

 

  1. •Complainants who are not satisfied with the school site resolution, can file a Uniform Complaint Procedures (UCP) complaint with the Director of the school.  This will begin the formal investigation process which must be completed within 60 days. 

Student Sexual Harassment Policy

Fenton Charter Public Schools

11828 Gain Street Lake View Terrace, CA 91342

(818) 896-7482

Sexual Harassment

Fenton Charter Public Schools (“FCPS”) is committed to maintaining a safe school environment

that is free from harassment and discrimination. FCPS prohibits discrimination, harassment,

intimidation, and bullying based on actual or perceived ancestry, age, color, disability, gender,

gender identity, gender expression, nationality, race or ethnicity, religion, sex, sexual orientation,

or association with a person or a group with one or more of these actual or perceived

characteristics at school or at school-sponsored or school-related activities. This applies to all

acts related to school activity or school attendance within a school under the jurisdiction of the

Executive Director of the Charter School. FCPS requires that school personnel take immediate

steps to intervene when safe to do so when he or she witnesses an act of discrimination,

harassment, intimidation, or bullying. FCPS also prohibits retaliatory behavior or action against

any person who files a complaint, testifies, or otherwise participates in district complaint

processes.

 

The Charter School adopted and implemented a complaint process to receive, investigate, and

resolve allegations of discrimination, harassment, intimidation, and bullying based on actual or

perceived ancestry, age, color, disability, gender, gender identity, gender expression, nationality,

race or ethnicity, religion, age, sex, sexual orientation, or association with a person or a group

with one or more of these actual or perceived characteristics, and shall include, but not limited,

to the following:

 

a. A timeline for the investigation and resolution of complaints of discrimination, harassment,

intimidation, or bullying that all schools under the jurisdiction of the district will follow.

b. An appeal process to the complainant should he or she disagree with the resolution of the

complaint.

(cf. 0410 - Nondiscrimination in District Programs and Activities)

(cf. 1312.1 - Complaints Concerning District Employees)

(cf. 5131 - Conduct)

(cf. 5131.2 - Bullying)

(cf. 5137 - Positive School Climate)

(cf. 5141.4 - Child Abuse Prevention and Reporting)

(cf. 5145.3 - Nondiscrimination/Harassment)

Date of FCPS Board approval and adoption: December 4, 2014

(cf. 6142.1 - Sexual Health and HIV/AIDS Prevention Instruction)

 

Instruction/Information

The Executive Director or designee shall ensure that all FCPS students receive age-appropriate

instruction and information on sexual harassment. Such instruction shall include:

1. What acts and behavior constitute sexual harassment, including the fact that sexual

harassment could occur between people of the same sex and could involve sexual

violence.

2. A clear message that students do not have to endure sexual harassment.

3. Encouragement to report observed instances of sexual harassment, even where the victim

of the harassment has not complained.

4. Information about the school’s procedure for investigating complaints and the person(s)

to whom a report of sexual harassment should be made.

5. Information about the rights of students and parents/guardians to file a criminal

complaint, as applicable.

 

Complaint Process

The Charter School adopted and implemented a complaint process to receive, investigate, and

resolve allegations of discrimination, harassment, intimidation, and bullying based on actual or

perceived ancestry, age, color, disability, gender, gender identity, gender expression, nationality,

race or ethnicity, religion, age, sex, sexual orientation, or association with a person or a group

with one or more of these actual or perceived characteristics, and shall include, but not limited,

to the following:

a. A timeline for the investigation and resolution of complaints of discrimination, harassment,

intimidation, or bullying that all schools under the jurisdiction of the district will follow.

b. An appeal process to the complainant should he or she disagree with the resolution of the

complaint.

Any student who feels that he/she is being or has been sexually harassed on school grounds or at

a school-sponsored or school-related activity shall immediately contact his/her teacher or any

other employee. An employee who receives such a complaint shall report in accordance with

administrative regulation.

 

The Executive Director or designee shall ensure that any complaints regarding sexual harassment

are immediately investigated in accordance with administrative regulation. When the Executive

Director or designee has determined that harassment has occurred, he/she shall take prompt,

appropriate action to end the harassment and to address its effects on the victim.

 

The Title IX Officer responsible for equity and compliance with Title IX is as follows:

School Counselor

11828 Gain Street

Lake View Terrace, CA 91342

818-896-7482

(cf. 1312.3 - Uniform Complaint Procedures)

 

Disciplinary Actions

Any student who engages in sexual harassment or sexual violence at school or at a schoolsponsored

or school-related activity is in violation of this policy and shall be subject to

disciplinary action. For students in grades 4-12, disciplinary action may include suspension

and/or expulsion, provided that, in imposing such discipline, the entire circumstances of the

incident(s) shall be taken into account.

cf. 5144 - Discipline)

(cf. 5144.1 - Suspension and Expulsion/Due Process)

(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities)

 

Confidentiality and Record-Keeping

All complaints and allegations of sexual harassment shall be kept confidential except as

necessary to carry out the investigation or take other subsequent necessary action. Complainants

are protected from retaliation and the identity of a complainant remains confidential.

The Executive Director or designee shall maintain a record of all reported cases of sexual

harassment to enable the district to monitor, address, and prevent repetitive harassing behavior in

the schools.

(cf. 3580 - District Records)

EDUCATION CODE

200-262.4 Prohibition of discrimination on the basis of sex

48900 Grounds for suspension or expulsion

48900.2 Additional grounds for suspension or expulsion; sexual harassment

48904 Liability of parent/guardian for willful student misconduct

48980 Notice at beginning of term

 

Students-Sexual Harassment

Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances,

unwanted requests for sexual favors, or other unwanted verbal, visual, or physical conduct of a

sexual nature made against another person of the same or opposite sex in the educational setting,

when made on the basis of sex and under any of the following conditions: (Education Code

212.5; 5 CCR 4916)

1. Submission to the conduct is explicitly or implicitly made a term or condition of a student's

academic status or progress.

2. Submission to or rejection of the conduct by a student is used as the basis for academic

decisions affecting the student.

3. The conduct has the purpose or effect of having a negative impact on the student's academic

performance or of creating an intimidating, hostile, or offensive educational environment.

4. Submission to or rejection of the conduct by the student is used as the basis for any decision

affecting the student regarding benefits and services, honors, programs, or activities available

at or through any school program or activity.

(cf. 5131 - Conduct)

(cf. 5131.2 - Bullying)

(cf. 5137 - Positive School Climate)

(cf. 5145.3 - Nondiscrimination/Harassment)

(cf. 6142.1 - Sexual Health and HIV/AIDS Prevention Instruction)

 

Examples of types of conduct which are prohibited in the district and which may constitute

sexual harassment include, but are not limited to:

1. Unwelcome leering, sexual flirtations, or propositions

2. Unwelcome sexual slurs, epithets, threats, verbal abuse, derogatory comments, or sexually

degrading descriptions

3. Graphic verbal comments about an individual's body or overly personal conversation

4. Sexual jokes, derogatory posters, notes, stories, cartoons, drawings, pictures, obscene

gestures, or computer-generated images of a sexual nature

5. Spreading sexual rumors

Date of FCPS Board approval and adoption: December 4, 2014

6. Teasing or sexual remarks about students enrolled in a predominantly single-sex class

7. Massaging, grabbing, fondling, stroking, or brushing the body

8. Touching an individual's body or clothes in a sexual way

9. Impeding or blocking movements or any physical interference with school activities when

directed at an individual on the basis of sex

10. Displaying sexually suggestive objects

11. Sexual assault, sexual battery, or sexual coercion

School-Level Complaint Process/Grievance Procedure

 

Complaints of sexual harassment, or any behavior prohibited by the FCPS’s

Nondiscrimination/Harassment policy, shall be handled in accordance with the following

procedure:

1. Notice and Receipt of Complaint: Any student who believes he/she has been subjected to

sexual harassment or who has witnessed sexual harassment may file a complaint with any

school employee. Within 24 hours of receiving a complaint, the school employee shall

report it to the Director. In addition, any school employee who observes any incident of

sexual harassment involving a student shall, within 24 hours, report this observation to

the Director, whether or not the victim files a complaint.

In any case of sexual harassment involving the Director to whom the complaint would ordinarily

be made, the employee who receives the student's report or who observes the incident shall

instead report to the Executive Director or designee.

2. Initiation of Investigation: The Director shall initiate an impartial investigation of an

allegation of sexual harassment within five school days of receiving notice of the

harassing behavior, regardless of whether a formal complaint has been filed. The school

shall be considered to have "notice" of the need for an investigation upon receipt of

information from a student who believes he/she has been subjected to harassment, the

student's parent/guardian, and an employee who received a complaint from a student, or

any employee or student who witnessed the behavior.

 

If the Director receives an anonymous complaint or media report about alleged sexual

harassment, he/she shall determine whether it is reasonable to pursue an investigation

considering the specificity and reliability of the information, the seriousness of the alleged

incident, and whether any individuals can be identified who were subjected to the alleged

harassment.

 

3. Initial Interview with Student: When a student or parent/guardian has complained or

provided information about sexual harassment, the Director shall describe FCPS's

grievance procedure and discuss what actions are being sought by the student in response

to the complaint. The student who is complaining shall have an

opportunity to describe the incident, identify witnesses who may have relevant

information, provide other evidence of the harassment, and put his/her complaint in

writing. If the student requests confidentiality, he/she shall be informed that such a

request may limit FCPS’s ability to investigate.

4. Investigation Process: The Director shall keep the complaint and allegation confidential,

except as necessary to carry out the investigation or take other subsequent necessary

action. (5 CCR 4964)

 

The Director shall interview individuals who are relevant to the investigation, including, but not

limited to, the student who is complaining, the person accused of harassment, anyone who

witnessed the reported harassment, and anyone mentioned as having relevant information. The

Director may take other steps such as reviewing any records, notes, or statements related to the

harassment or visiting the location where the harassment is alleged to have taken place.

When necessary to carry out his/her investigation or to protect student safety, the Director also

may discuss the complaint with the Executive Director or designee, the parent/guardian of the

student who complained, the parent/guardian of the alleged harasser if the alleged harasser is a

student, a teacher or staff member whose knowledge of the students involved may help in

determining who is telling the truth, law enforcement and/or child protective services, and

district legal counsel or the district's risk manager.

(cf. 5141.4 - Child Abuse Prevention and Reporting)

 

5. Interim Measures: The Director shall determine whether interim measures are necessary

during and pending the results of the investigation, such as placing students in separate

classes or transferring a student to a class taught by a different teacher.

6. Optional Mediation: In cases of student-on-student harassment, when the student who

complained and the alleged harasser so agree, the Director 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 and both parties

agree, and he/she shall be advised of the right to end the informal process at any time.

(cf. 5138 - Conflict Resolution)

7. Factors in Reaching a Determination: In reaching a decision about the complaint, the

Director may take into account:

a. Statements made by the persons identified above

b. The details and consistency of each person's account

c. Evidence of how the complaining student reacted to the incident

Date of FCPS Board approval and adoption: December 4, 2014

d. Evidence of any past instances of harassment by the alleged harasser

e. Evidence of any past harassment complaints that were found to be untrue

To judge the severity of the harassment, the Director may take into consideration:

a. How the misconduct affected one or more students' education

b. The type, frequency, and duration of the misconduct

c. The identity, age, and sex of the harasser and the student who complained, and the

relationship between them

d. The number of persons engaged in the harassing conduct and at whom the harassment

was directed

e. The size of the school, location of the incidents, and context in which they occurred

f. Other incidents at the school involving different students

8. Written Report on Findings and Follow-Up: No more than 30 days after receiving the

complaint, the Director shall conclude the investigation and prepare a written report of

his/her findings. This timeline may be extended for good cause. If an extension is needed,

the Director shall notify the student who complained and explain the reasons for the

extension.

The report shall include the decision and the reasons for the decision and shall summarize the

steps taken during the investigation. If it is determined that harassment occurred, the report shall

also include any corrective actions that have or will be taken to address the harassment and

prevent any retaliation or further harassment. This report shall be presented to the student who

complained, the person accused, the parents/guardians of the student who complained and the

student who was accused, and the Executive Director or designee.

In addition, the Director shall ensure that the harassed student and his/her parent/guardian are

informed of the procedures for reporting any subsequent problems. The Director shall make

follow-up inquiries to see if there have been any new incidents or retaliation and shall keep a

record of this information.

 

Enforcement of Charter School Policy

The Executive Director or designee shall take appropriate actions to reinforce FCPS’s sexual

harassment policy. As needed, these actions may include any of the following:

1. Removing vulgar or offending graffiti

2. Providing training to students, staff, and parents/guardians about how to recognize

harassment and how to respond

Date of FCPS Board approval and adoption: December 4, 2014

(cf. 4131 - Staff Development)

(cf. 4231 - Staff Development)

(cf. 4331 - Staff Development)

3. Disseminating and/or summarizing FCPS’s policy and regulation regarding

sexual harassment

4. Consistent with the laws regarding the confidentiality of student and personnel

records, communicating the school's response to parents/guardians and the

community

(cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged Information)

(cf. 5125 - Student Records)

5. Taking appropriate disciplinary action

In addition, disciplinary measures may be taken against any person who is found to have

made a complaint of sexual harassment which he/she knew was not true.

(cf. 4118 - Suspension/Disciplinary Action)

(cf. 4218 - Dismissal/Suspension/Disciplinary Action)

(cf. 5144.1 - Suspension and Expulsion/Due Process)

(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))

 

Notifications

A copy of FCPS’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; 5 CCR 4917)

(cf. 5145.6 - Parental Notifications)

2. Be displayed in a prominent location in the main administrative building or other

area where notices of district rules, regulations, procedures, and standards of

conduct are posted, including school web sites (Education Code 231.5)

3. Be provided as part of any orientation program conducted for new students at the

beginning of each quarter, semester, or summer session (Education Code 231.5)

Date of FCPS Board approval and adoption: December 4, 2014

4. Appear in any school publication that sets forth the school's or FCPS’s

comprehensive rules, regulations, procedures, and standards of conduct

(Education Code 231.5)

5. Be included in the student handbook

6. Be provided to employees and employee organizations

Complainant Appeal Process:

The parent and student may contest a decision through a meeting with the Director, and

then the Board of Directors within five (5) school days of the incident.

The Board of Directors will review the circumstances of all decisions contested by the

parent, except for cases that are proceeding through the expulsion process, by following

the steps below which will also be used to mediate any parent conflicts:

1. Parent(s) or guardian meets with an Administrator.

2. If not resolved, parent(s) or guardian may submit concern in writing to the Board

of Directors.

3. The Board of Directors will meet in closed session (the administrators will recuse

themselves) and render a final decision on the matter.