|
|
|
|
|
|
|
|
|
Meeting Date:
|
2/8/2022 - 5:30 PM
|
|
Category:
|
BOARD POLICIES, FIRST READING
|
|
Type:
|
Action
|
|
Subject:
|
12.4 First Reading, Administrative Regulation/Exhibit No. 4119.12, 4219.12, 4319.12: Title IX Sexual Harassment Complaint Procedures
|
|
Strategic Plan:
|
|
|
Enclosure
|
AR 4119.12, 4219.12, 4319.12 Comparison Chart
EX 4119.12, 4219.12, 4319.12 Comparison Chart
|
|
File Attachment:
|
|
|
Summary:
|
Regulation updated to add section on "Definitions," including the federal definition of sexual harassment for purposes of applying the Title IX complaint procedures. Section identifying the Title IX Coordinator(s) moved and revised to reference CSBA's AR 4119.12/4219.12/4319.12 - Title IX Sexual Harassment Complaint Procedures. Section on "Notifications" adds federal requirement to disseminate the district's sexual harassment policy and procedures, along with the name and contact information of the Title IX Coordinator, by posting them in a prominent location on the district's web site and including them in any handbook provided to employees or employee organizations. New section on "Complaint Procedures" references the applicable procedures and the responsibility of the district to take prompt action to stop the sexual harassment, prevent recurrence, and address any continuing effects.
Regulation updated to clarify that a sexual harassment complaint that is dismissed or denied under Title IX may still be subject to review under state law pursuant to AR 4030 - Nondiscrimination in Employment and thus the two procedures should be implemented concurrently in order to meet the applicable timelines. Regulation also updated to clarify that the applicability of the Title IX sexual harassment complaint procedures is limited to conduct that allegedly occurs in an education program or activity over which the district exercises control; revise the timeframe for concluding the complaint process from 45 to 60 days; reflect the right to pursue civil law remedies; and add the requirement to maintain a record of any actions, including supportive measures, taken in response to a report or formal complaint of sexual harassment.
New exhibit presents a sample of the required notification to employees, job applicants, and employee organizations regarding the district's Title IX sexual harassment policy, the district's Title IX coordinator, and grievance procedures pursuant to 34 CFR 106.8.
|
|
Funding:
|
|
|
Recommendation:
|
It is recommended that the Governing Board of Trustees approve the first reading of Administrative Regulation/Exhibit No. 4119.12, 4219.12, 4319.12: Title IX Sexual Harassment Complaint Procedures.
|
|
Approvals:
|
|
Recommended By:
|
|
Signed By:
|
|
|
Jeff Youskievicz - Assistant Superintendent, Educational Services
|
|
|
Signed By:
|
|
|
Marc Lacey - Assistant Superintendent, Administrative Services
|
|
|
Signed By:
|
|
|
Jesse M. Najera - Superintendent
|
|
|
|
|
Vote Results:
|
| Original Motion | | Member Mark Staggs Moved, Member Lynn McKee seconded to approve the Original motion 'It is recommended that the Governing Board of Trustees approve the first reading of Administrative Regulation/Exhibit No. 4119.12, 4219.12, 4319.12: Title IX Sexual Harassment Complaint Procedures.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 5 Nay: 0. | | The motion Carried 5 - 0 |
|
|
|
|
|
|
|