AB 34: Bullying, Discrimination, Harassment, and Suicide Prevention
Suicide Prevention Policy
Please refer to our Suicide Prevention Policy in the Parent-Scholar Handbook for more information.
Harassment, Discrimination & Bullying Policies and Information
Please refer to our Parent-Scholar Handbook for more information.
Social Media Bullying and Cyberbullying
Cyberbullying, unlike “traditional” bullying, doesn’t just occur in the park or just outside of school. It occurs in a variety of venues and mediums in cyberspace and it occurs most often where teenagers congregate.
As anyone, it is important to realize where cyberbullying occurs, since you can be there to either prevent it or take action if you see it occur.
Back when many teenagers hung out in chat rooms, most of the cyberbullying reported took place in chat rooms. With the more recent changes in technology, the youth population has been drawn to social networking sites, like Facebook, and video sharing sites, like YouTube.
As a result, there has been an increase in reports of cyberbullying on social networking sites and video sharing sites. In addition, instant messaging and texting appear to be common ways in which youth are harassing others.
Even newer than social networking, video sharing, texting and instant messaging is the appearance of cyberbullying in portable gaming devices, in 3-D virtual worlds and social gaming sites, and in newer interactive sites such as Formspring and ChatRoulette.”
For more information:
- From Anti-Defamation League:
- From LearnSafe
- From Pew Research Center
- From a federal government website managed by the U.S. Department of Health and Human Services:
Education Code – Section 230
For purposes of this chapter, harassment and other discrimination on the basis of sex include, but are not limited to, the following practices:
- (a) 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.
- (b) 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.
- (c) 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.
- (d) 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:
- Whether interscholastic level participation opportunities for male and female pupils are provided in numbers substantially proportionate to their respective enrollments.
- 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.
- 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.
- (e) 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.
- (f) 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.
- (g) On the basis of sex, harassment or other discrimination among persons, including, but not limited to, students and nonstudents, or academic and nonacademic personnel, in employment and the conditions thereof, except as it relates to a bona fide occupational qualification.
- (h) 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.
(Amended by Stats. 2003, Ch. 660, Sec. 1. Effective January 1, 2004.)
Education Code – Section 221.8
The following list of rights, which are based on the relevant provisions of the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), may be used by the department for purposes of Section 221.6:
- (a) You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
- (b) You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
- (c) You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
- (d) You have the right to apply for athletic scholarships.
- (e) You have the right to receive equitable treatment and benefits in the provision of all of the following:
- Equipment and supplies.
- Scheduling of games and practices.
- Transportation and daily allowances.
- Access to tutoring.
- Coaching.
- Locker rooms.
- Practice and competitive facilities.
- Medical and training facilities and services.
- Publicity.
- (f) You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
- (g) You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
- (h) You have the right to file a confidential discrimination complaint with the United States Office of Civil Rights or the State Department of Education if you believe you have been discriminated against or if you believe you have received unequal treatment on the basis of your sex.
- (i) You have the right to pursue civil remedies if you have been discriminated against.
- (j) You have the right to be protected against retaliation if you file a discrimination complaint.
(Added by renumbering Section 271 by Stats. 2015, Ch. 43, Sec. 3. (AB 1538) Effective January 1, 2016.)
Title IX Information
Title IX of the Education Amendments of 1972 (“Title IX”) is a federal law that was passed to ensure students and staff, regardless of their sex, are treated equally and fairly. Title IX prohibits discrimination on the basis of sex, which includes sexual harassment, in any of the education programs or activities of Alliance College-Ready Public Schools and all of its charter schools (“Alliance”). Specifically, Title IX provides that:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
Who is the Title IX Coordinator for Alliance?
Alliance has designated the following individuals as its Title IX Coordinators:
For Scholar Complaints, please contact:
Director, Scholar Services
5101 Santa Monica Blvd Ste 8, PMB 271, Los Angeles, CA 90029
(213) 302-8741
ScholarTitleIXCoordinator@laalliance.org
For Employee Complaints, please contact:
Director, Employee Relations
5101 Santa Monica Blvd Ste 8, PMB 271, Los Angeles, CA 90029
(213) 660-1215
EmployeeRelations@laalliance.org
How may I file a complaint of discrimination under Title IX?
You may file a complaint of discrimination on the basis of sex, including sexual harassment, by contacting Alliance’s Title IX Coordinator. A report of sexual harassment as defined under the Title IX regulations can be made to any Alliance official.
Otherwise, a discrimination complaint may be filed with the Office for Civil Rights:
San Francisco Office for Civil Rights
U.S. Department of Education
50 United Nations Plaza
Mail Box 1200, Room 1545
San Francisco, CA 94102
(415) 486-5555
ocr.sanfrancisco@ed.gov
United States Department of Education Office for Civil Rights Complaint Form
United States Department of Education Office for Civil Rights Complaint Assessment System
Is there a statute of limitations for filing an alleged incident of harassment or discrimination?
Consistent with Alliance’s Uniform Complaint Procedures Policy (“UCP”), a complaint alleging unlawful discrimination, harassment, intimidation, or bullying must be filed no later than six (6) months from the date when the alleged unlawful discrimination, harassment, intimidation, or bullying occurred or the complainant first obtained knowledge of it. The time for filing may be extended by Alliance for good cause upon written request from the complainant.
A report or complaint regarding sexual harassment as defined under the Title IX regulations is not subject to the six-month timeline in the UCP.
How are discrimination complaints investigated?
Complaints of sexual harassment filed with Alliance are investigated in accordance with Alliance’s Title IX Policy and Grievance Procedures. All other complaints of discrimination are investigated under the UCP.
For federal guidance on how complaints may be further pursued, please see the following link:
United States Department of Education Office for Civil Rights
Where can I get more information on the rights of a pupil and the public and the responsibilities of the public school under Title IX?
The following Internet resources are available to find more information regarding rights and responsibilities under Title IX:
California Department of Education Office of Equal Opportunity
United States Department of Education Office for Civil Rights
In addition, California law, like Title IX, prohibits discrimination on the basis of sex and affords individuals certain rights. You can access those rights here: Rights Afforded Under Education Code Section 221.8.
Specifically, you have the right to (when applicable):
- Fair and equitable treatment and you shall not be discriminated against based on your sex.
- Be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
- Inquire of the athletic director of your school as to the athletic opportunities offered by the school.
- Apply for athletic scholarships.
- Receive equitable treatment and benefits in the provision of all of the following: (i) equipment and supplies; (ii) scheduling of games and practices; (iii) transportation and daily allowances; (iv) access to tutoring; (v) coaching; (vi) locker rooms; (vii) practice and competitive facilities; (viii) medical and training facilities and services; and (ix) publicity.
- Have access to a gender equity coordinator to answer questions regarding gender equity laws.
- Contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
- File a confidential discrimination complaint with the United States Office of Civil Rights or the State Department of Education if you believe you have been discriminated against or if you believe you have received unequal treatment on the basis of your sex.
- Pursue civil remedies if you have been discriminated against.
- Be protected against retaliation if you file a discrimination complaint.