The Eastside Union School District (EUSD) is committed to providing a safe school environment that allows all students equal access and opportunities in the District’s academic, extracurricular, and other educational support programs, services, and activities. The District prohibits, at any district school or school activity, unlawful discrimination, including discriminatory harassment, intimidation, and bullying targeted at any student by anyone based on the student’s actual or perceived race, color, ancestry, national origin, nationality, ethnicity, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, genetic information, immigration status, medical condition, or pregnancy status, or association with a person or group with one or more of these actual or perceived characteristics.

The following information, including links to applicable Board-adopted policies, specifically provides students and parents/guardians with the state and local resources that help with the identification and prevention of bullying and harassment at school and beyond the school setting.

Nondiscrimination/Harassment – BP 5145.3 | AR 5145.3

The EUSD recognizes the harmful effects of bullying on student well-being, student learning, and school attendance and desires to provide a safe school environment that protects students from physical and emotional harm. Accordingly, bullying is prohibited at any location, whether on or off campus, that affects students or school activity under the jurisdiction of the District. Any student, parent/ guardian, or other individual who believes that a student has been subjected to bullying or who has witnessed bullying are strongly encouraged to report the incident to a teacher, the principal, a compliance officer, or any other available school employee. Report of a bullying incident can also be made through Sprigeo by clicking here and filling out the form, which will be forwarded to a school administrator.

Bullying – BP 5131.2 | AR 5131.2

Anti-cyberbullying Procedures

Cyberbullying includes the electronic creation or transmission of harassing communications, direct threats, or other harmful texts, sounds, or images. Cyberbullying also includes breaking into another person’s electronic account or assuming that person’s online identity in order to damage that person’s reputation. Specific examples of the types of conduct that may constitute cyberbullying include ending demeaning or hateful text messages or emails, spreading rumors by email or by posting on social networking sites, or posting or sharing embarrassing photos, videos, website, or fake profiles.

As appropriate, students will be provided with instruction, in the classroom or other educational settings, that promotes social-emotional learning, effective communication and conflict resolution skills, character development, respect for cultural and individual differences, self-esteem development, assertiveness skills, and appropriate online behavior. Students are taught the difference between appropriate and inappropriate behaviors, how to advocate for themselves, how to help another student who is being bullied/cyberbullied, and when to seek assistance from a trusted adult.

To discourage cyberbullying, teachers may advise students to be cautious about sharing passwords, personal data, or private photos online and to consider the consequences of making negative comments about others online. When cyberbullying occurs, individuals with information about the activity will be encouraged to save and print any electronic or digital messages sent to them that they feel constitute cyberbullying and to notify staff of the same.

Social Media Bullying

Cyberbullying can occur online in social media, forums, or gaming where people can view, participate in, or share content. The following links provide tips and resources for students and parents to prevent from being a target of, or participating in, cyberbullying.

Common Sense Media
https://www.commonsensemedia.org/

StopBullying.gov
Digital Awareness for Parents
Social Media and Apps
Cyberbullying and Online Gaming

Additionally, social media platforms that meet specified criteria must disclose all cyberbullying reporting procedures in their terms of service. The mechanism to report cyberbullying or any content that violates the terms of service must allow for any individual, whether or not that individual has a profile on the internet-based service, to make that report. The reporting mechanism will allow, but not require, an individual to upload a screenshot of the content that contains cyberbullying or violates the terms of service. (Cyberbullying Protection Act, Business and Professions Code 22589 et seq.)

Resources

California Department of Education
Bullying Prevention Training & Resources
https://www.cde.ca.gov/ls/ss/se/bullyres.asp

California State PTA
Bullying Prevention
https://capta.org/focus-areas/community-concerns/bullying-prevention/

Grounds for Suspension or Expulsion

Students may only be suspended or expelled for an act of bullying if the act meets the definition under Education Code (EC) 48900(r). “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a student or group of students as defined in EC 48900.2 (sexual harassment), 48900.3 (hate violence), or 48900.4 (harassment, threats, or intimidation), directed toward one or more students that has or can be reasonably predicted to have the effect of one or more of the following:

1. Placing a reasonable student in fear of harm to the student’s person or property.
2. Causing a reasonable student to experience a substantially detrimental effect on the student’s physical or mental health.
3. Causing a reasonable student to experience substantial interference with the student’s academic performance.
4. Causing a reasonable student to experience substantial interference with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school.

The District is committed to providing a respectful, inclusive, and safe learning environment that protects students from discrimination, harassment, intimidation, bullying, or any other type of behavior that is motivated by hate.

Hate-Motivated Behavior – BP 5145.9

What is hate-motivated behavior?

Hate-motivated behavior is any behavior intended to cause emotional suffering, physical injury, or property damage through intimidation, harassment, bigoted slurs or epithets, force or threat of force, or vandalism motivated in part or in whole by bias or hostility toward the victim's real or perceived race, color, ancestry, nationality, national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or any other characteristic identified in Education Code 200 or 220, Government Code 11135, or Penal Code 422.55.

How do schools prevent and respond to hate-motivated behaviors?

The District collaborates with regional programs and community organizations to promote an environment where diversity is celebrated, and hate-motivated behavior is not tolerated. Such collaborative efforts focus on the development of effective prevention strategies and response plans, provision of assistance to students affected by hate-motivated behavior, and/or education of students who have perpetrated hate-motivated acts.

Students are provided with age-appropriate instruction that:

1. Includes the development of social-emotional learning.
2. Promotes an understanding, awareness, appreciation, and respect for human rights, human relations, diversity, and acceptance in a multicultural society.
3. Explains the harm and dangers of explicit and implicit biases.
4. Discourages discriminatory attitudes and practices.
5. Provides strategies to manage conflicts constructively.

As necessary, the District will provide counseling, guidance, and support to students who are victims of hate-motivated behavior and to students who exhibit such behavior. When appropriate, students who engage in hate-motivated behavior will be disciplined.

How is a complaint filed?

A student or parent/guardian who believes the student is a victim of hate-motivated behavior is encouraged to report the incident to a teacher, the principal, the District’s compliance officer, or other staff member. Any staff member who is notified that hate-motivated behavior has occurred, observes such behavior, or otherwise becomes aware of an incident will immediately contact the compliance officer responsible for coordinating the District’s response to complaints and complying with state and federal civil rights laws. As appropriate, the staff member will also contact law enforcement.

How are complaints investigated?

Any complaint of hate-motivated behavior will be investigated and, if determined to be discriminatory, will be resolved in accordance with law and the District’s uniform complaint procedures specified in AR 1312.3 – Uniform Complaint Procedures or other applicable procedure. If, during the investigation, it is determined that a complaint is about nondiscriminatory behavior, the principal or designee will inform the complainant and take all necessary actions to resolve the complaint.

Information about the District’s uniform complaint procedures can be found by clicking here.

Sexual harassment of students at school or at school-sponsored or school-related activities is prohibited. Retaliatory behavior or action against any person who reports, files a complaint or testifies about, or otherwise supports a complainant in alleging sexual harassment is also prohibited.

To review the District’s policy on sexual harassment pertaining to students, and the complaint procedures under Title IX, please click the applicable link below.

Sexual Harassment – BP 5145.7 | AR 5145.7
Title IX Sexual Harassment Complaint Procedures – AR 5145.7

What is the definition of sexual harassment under state law?

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, under any of the following conditions:

1. Submission to conduct is explicitly or implicitly made a term or condition of a student’s academic status or progress.
2. Submission to or rejection of 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 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 district program or activity.

What is the definition of sexual harassment under Title IX?

Sexual harassment is defined as any of the following forms of conduct that occurs in an education program or activity in which a district school exercises substantial control over the context and respondent:

1. A district employee conditioning the provision of a district aid, benefit, or service on the student’s participation in unwelcome sexual conduct.
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a student equal access to the district’s education program or activity.
3. Sexual assault, dating violence, domestic violence, or stalking.

What are examples of sexual harassment?

• Unwelcome leering, sexual flirtations, or propositions.
• Unwelcome sexual slurs, epithets, threats, verbal abuse, derogatory comments, or sexually degrading descriptions.
• Graphic verbal comments about an individual’s body or overly personal conversation.
• Sexual jokes, derogatory posters, notes, stories, cartoons, drawings, pictures, obscene gestures, or computer-generated images of a sexual nature.
• Spreading sexual rumors.
• Teasing or sexual remarks about students enrolled in a predominantly single-sex class.
• Massaging, grabbing, fondling, stroking, or brushing the body.
• Touching an individual’s body or clothes in a sexual way.
• Impeding or blocking movements or any physical interference with school activities when directed at an individual on the basis of sex.
• Displaying sexually suggestive objects.
• Sexual assault, sexual battery, or sexual coercion.
• Electronic communications containing comments, words, or images described above.

How is a complaint filed?

Students who feel that they are being or have been sexually harassed on school grounds or at a school-sponsored or school-related activity by another student, an employee, or a third party or who have experienced off-campus sexual harassment that has a continuing effect on campus are strongly encouraged to report the incident to their teacher, the principal, the District’s Title IX Coordinator, or any other available school employee. Any employee who receives a report or observes an incident of sexual harassment must notify the Title IX Coordinator within one school day. The report must be made whether the alleged victim files a formal complaint or requests confidentiality.

How are complaints investigated?

Once notified, the Title IX Coordinator will determine whether the complaint or allegation is to be addressed through AR 5145.71 – Title IX Sexual Harassment Complaint Procedures or BP/AR 1323.3 – Uniform Complaint Procedures. Because a complaint or allegation that is dismissed or denied under the Title IX complaint procedure may still be subject to consideration under state law, the Title IX Coordinator will ensure that any implementation of AR 5145.71 concurrently meets the requirements of BP/AR 1312.3. The Title IX Coordinator will offer supportive measures to the complainant and respondent, as deemed appropriate under the circumstances.

What happens when the investigation is complete?

If, upon the conclusion of an investigation, sexual harassment is determined to have occurred, the Title IX Coordinator, or designee in consultation with the Coordinator, will take prompt action to stop the sexual harassment, prevent recurrence, implement remedies, and address any continuing effects.

A complainant may also further pursue the complaint by filing that complaint with the U.S. Department of Education Office for Civil Rights. (See the section on Resources below, for more information)

Who is the Title IX Coordinator?

The District has designated the individual identified below as responsible for coordinating the District’s efforts to comply with Title IX, as well as to oversee, investigate, and/or resolve sexual harassment complaints processed under the Uniform Complaint Procedures:

Mr. Daryl Bell
Assistant Superintendent, Administrative Services
44938 30^th Street East
Lancaster, CA 93535
(661) 951-1200 Ext. 8221
dbell@eastsideusd.org

Additional information regarding Title IX, including state and federal resources and information on how to file a report with the State Department of Education and/or the U.S. Department of Education Office for Civil Rights, can be found by clicking here.