Harassment, Intimidation, Discrimination, and Bullying Policy

Discrimination, sexual harassment, harassment, intimidation, and bullying are all disruptive behaviors, which interfere with students’ ability to learn and negatively affect student engagement, diminish school safety, and contribute to a hostile school environment. As such, El Rio prohibits any acts of discrimination, sexual harassment, harassment, intimidation, and bullying altogether. This policy is inclusive of instances that occur on any area of the school campus, at school-sponsored events and activities, regardless of location, through school-owned technology, and through other electronic means.

As used in this policy, discrimination, sexual harassment, harassment, intimidation, and bullying are described as the intentional conduct, including verbal, physical, written communication or cyber- bullying, including cyber sexual bullying, based on the actual or perceived characteristics of disability, pregnancy, gender, gender identity, gender expression, nationality, ancestry, race or ethnicity, immigration status, religion, religious affiliation, sexual orientation, childbirth or related medical conditions, marital status, age, or association with a person or group with one or more of these actual or perceived characteristics or any other basis protected by federal, state, local law, ordinance or regulation. In addition, bullying encompasses any conduct described in the definitions set forth in this policy.

To the extent possible, El Rio will make reasonable efforts to prevent students from being discriminated against, harassed, intimated, and/or bullied, and will take action to investigate, respond, address and report on such behaviors in a timely manner. El Rio school staff that witness acts of discrimination, harassment, intimidation and bullying will take immediate steps to intervene when safe to do so.

Moreover, El Rio will not condone or tolerate discrimination, sexual harassment, harassment, intimidation, or bullying of any type by any employee, independent contractor or other person with which El Rio does business, or any other individual, student, or volunteer. This policy applies to all employee, student, or volunteer actions and relationships, regardless of position or gender. El Rio will promptly and thoroughly investigate any complaint of such harassment and take appropriate corrective action, if warranted.  More information and anti-discrimination resources can be found at the California Department of Education’s website at the following locations:  

• https://www.cde.ca.gov/re/di/eo/

• https://www.cde.ca.gov/re/di/eo/genequitytitleix.asp.

Prohibited Unlawful Harassment

• Verbal conduct such as epithets, derogatory jokes or comments or slurs
  

• Physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering with work because of sex, race or any other protected basis
  

• Retaliation for reporting or threatening to report harassment
  

• Deferential or preferential treatment based on any of the protected classes above

Prohibited Unlawful Sexual Harassment Under Title IX

Title IX (20 U.S.C. § 1681 et. seq; 34 C.F.R. § 106.1 et. seq) and California state law prohibit harassment on the basis of sex. In accordance with these existing laws, discrimination on the basis of sex in education institutions is prohibited. All persons, regardless of sex, are afforded equal rights and opportunities and freedom from unlawful discrimination in education programs or activities conducted by El Rio. 

El Rio is committed to provide a workplace and educational environment free of sexual harassment and considers such harassment to be a major offense, which may result in disciplinary action, up to, and including dismissal, of the offending employee, and disciplinary action up to and including suspension and/or expulsion for students.

Sexual harassment consists of sexual advances, request for sexual favors and other verbal or physical conduct of a sexual nature when: (a) Submission to the conduct is explicitly or implicitly made a term or a condition of an individual's employment, academic status, or progress; (b) submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual; (c) the conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment; and/or (d) 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 educational institution.

It is also unlawful to retaliate in any way against an individual who has articulated a good faith concern about sexual harassment against him/her or against another individual.

Sexual harassment may include, but is not limited to:

• Physical assaults of a sexual nature, such as:

o Rape, sexual battery, molestation or attempts to commit these assaults and

o Intentional physical conduct that is sexual in nature, such as touching, pinching, patting, grabbing, brushing against another’s body, or poking another’s body

• Unwanted sexual advances, propositions or other sexual comments, such as:

o Sexually oriented gestures, notices, remarks, jokes, or comments about a person’s sexualit or sexual experience

o Preferential treatment or promises of preferential treatment to an individual for submitting to sexual conduct, including soliciting or attempting to solicit any individual to engage in sexual activity for compensation or reward or deferential treatment for rejecting sexual conduct

o Subjecting or threats of subjecting an employee to unwelcome sexual attention or conduct or intentionally making performance of the employee’s job more difficult because of the employee’s sex

• Sexual or discriminatory displays or publications anywhere in the workplace or educational environment, such as:

o Displaying pictures, cartoons, posters, calendars, graffiti, objections, promotional materials, reading materials, or other materials that are sexually suggestive, sexually demeaning or pornographic or bringing or possessing any such material to read, display or view at work or the educational environment

o Reading publicly or otherwise publicizing in the work or educational environment materials that are in any way sexually revealing, sexually suggestive, sexually demeaning or pornographic, and

o Displaying signs or other materials purporting to segregate an individual by sex in an area of the workplace or educational environment (other than restrooms or similar rooms)

The illustrations of harassment and sexual harassment above are not to be construed as an all-inclusive list of prohibited acts under this policy.

Prohibited Bullying

Bullying is defined as any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act. Bullying includes one or more acts committed by a student group or group of students that may constitute as sexual harassment, hate violence, or creates an intimidating and/or hostile educational environment, 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 pupil* or pupils in fear of harm to that pupil’s or those pupils’ person or property.
   

2. Causing a reasonable pupil to experience a substantially detrimental effect on his or her physical or mental health.
   

3. Causing a reasonable pupil to experience a substantial interference with his or her academic performance.
   

4. Causing a reasonable pupil to experience a substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by El Rio

“Reasonable pupil” is defined as a pupil, including, but not limited to, an exceptional needs pupil, who exercises care, skill and judgment in conduct for a person of his or her age, or for a person of his or her age with his or her exceptional needs.

Cyberbullying is an electronic act that includes the transmission of harassing communication, direct threats, or other harmful texts, sounds, or images on the Internet, social media, or other technologies using a telephone, computer, or any wireless communication device. Cyberbullying also includes breaking into another person’s electronic account and assuming that person’s identity in order to damage that person’s reputation.

Electronic act means the creation and transmission originated on or off the school site, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:

1. A message, text, sound, video, or image.
   

2. A post on a social network Internet Web site including, but not limited to:
   

• Posting to or creating a burn page. A “burn page” means an Internet Web site created for the purpose of having one or more of the effects as listed in the definition of “bullying,”
  above
  

• Creating a credible impersonation of another actual pupil for the purpose of having one or
  more of the effects listed in the definition of “bullying,” above. “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated
  

• Creating a false profile for the purpose of having one or more of the effects listed in the definition of “bullying,” above. “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.
  

3. An act of “Cyber sexual bullying” including, but not limited to:
   a. The dissemination of, or the solicitation or incitement to disseminate, a photograph or
   other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in definition of “bullying,” above. A photograph or other visual recording, as described above, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
   b. “Cyber sexual bullying” does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.

4. Notwithstanding the definitions of “bullying” and “electronic act” above, an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet

Grievance Procedures

1. Reporting: All staff are expected to provide appropriate supervision to enforce standards of conduct and, if they observe or become aware of misconduct prohibited by this policy (unlawful discrimination, intimidation, harassment or bullying), to intervene as soon as it is safe to do so, call for assistance, and report such incidents. The Board requires staff to follow the procedures in this policy for reporting alleged acts of misconduct prohibited by this policy.

Any employee or student who believes they have been subject to misconduct prohibited by this Policy or has witnessed such prohibited misconduct is encouraged to immediately report such misconduct to the Executive Director:

Katie Chau

323.366.0166

katie.chau@elrioschool.org

Complaints against the Executive Director should be made to the Board President. Complaints regarding such misconduct may also be made to the U.S. Department of Education, Office for Civil Rights.

All other members of the school community, including students, parents/guardians, volunteers and visitors, are encouraged to report any act that may be a violation of this policy to the Executive Director or administrative designee.

While submission of a written report is not required, the reporting party is encouraged to submit a written report to the Executive Director. Oral reports shall also be considered official reports. Reports may be made anonymously, but formal disciplinary action cannot be based solely on an anonymous report.

Students are expected to report all incidents of discrimination, intimidation, harassment, and bullying or other verbal, or physical abuses. Any student who feels she/he is a target of such behavior should immediately contact a teacher, counselor, the Executive Director, a staff person or a family member so that she/he can get assistance in resolving the issue in a manner that is consistent with this policy.

El Rio acknowledges and respects every individual’s right to privacy. All reports shall be investigated in a manner that protects the confidentiality of the parties and the integrity of the process. This includes keeping the identity of the reporter confidential, as appropriate, except to the extent necessary to carry out the investigation and/or to resolve the issue, as determined by the Executive Director or administrative designee on a case-by-case basis.

El Rio prohibits any form of retaliation against any reporter in the reporting process, including but not limited to a reporter’s filing of a complaint or the reporting of instances of discrimination violating this policy. Such participation shall not in any way affect the status, grades, or work assignments of the reporter.

All supervisors of staff will receive sexual harassment training within six (6) months of their assumption of a supervisory position and will receive further training once every two (2) years thereafter. All staff will receive sexual harassment training and/or instruction concerning sexual harassment in the workplace as required by law.

2. Investigation: Upon receipt of a report of misconduct prohibited by this policy from a student, staff member, parent, volunteer, visitor or affiliate of El Rio, the Executive Director, or administrative designee will promptly initiate an investigation. In most cases, a thorough investigation will take no more than seven (7) school days. If the Executive Director or administrative designee determines that an investigation will take longer than seven (7) school days, he or she will inform the complainant and any other relevant parties and provide an approximate date when the investigation will be complete.

At the conclusion of the investigation, the Executive Director, or administrative designee will meet with the complainant and, to the extent possible with respect to student confidentiality laws, provide the complainant with information about the investigation, including any actions necessary to resolve the incident/situation. However, in no case may the Operations Manager or administrative designee reveal confidential student information related to other students, including the type and extent of discipline issued against such students.

All records related to any investigation of discrimination, harassment, intimidation or bullying will be maintained in a secure location.

3. Consequences: Students who engage in discrimination, harassment, intimidation, or bullying will be subject to disciplinary action, up to and including suspension and/or expulsion, as outlined in the Suspension and Expulsion Policy outlined in this Handbook.

4. Uniform Complaint Procedures: When harassment or bullying is based upon one of the protected characteristics set forth in this Policy, a complainant may also fill out a Uniform Complaint Procedures (“UCP”) complaint form at any time during the process, consistent with the procedures laid out in the El Rio Family Handbook and the El Rio Uniform Complaint Policy and Procedures.

5. Right of Appeal: Should the reporting individual find the Executive Director, or administrative designee’s resolution unsatisfactory, he/she may follow the Dispute Resolution Process found in this Family Handbook. In addition, when harassment or bullying is based upon one of the protected characteristics set forth in this policy, a complainant may also fill out a UCP complaint form at any time during the process, consistent with the procedures laid out in this Handbook.

How can we at El Rio prevent bullying?

According to the National Center of Education, as of 2016 more than 20 percent of students reported being bullied.

It’s a staggering statistic; especially considering the many ways bullying can affect students’ wellbeing. Targeted children often suffer from poor performance in school, sleep issues, anxiety, and depression. And let’s not forget the students doing the bullying—they’re at a much higher risk for a whole host of issues that could extend into adulthood, ranging from violent behavior to substance abuse.

As educators, what can we to make an impact? How can we create classroom climates that prevent bullying, but also put interventions in place that stop the behavior in its beginning stages?

1. Teach kindness and empathy.

When students are able to approach ideas and problems from multiple perspectives, they’re less likely to bully others.

From the earliest ages, students should participate in activities that boost social-emotional learning. As a teacher, find ways to help children understand and appreciate their identity as well as others’. To do this requires empathy and kindness, two skills that educators like Susan Patterson, who leads a cyberbullying course believe can be taught.

“Empathy is the ability to put yourself in someone else’s shoes, and teachers need to embed this skill into their curriculum,” says Patterson. “We need to do identity work with children early on so that kids know who they are and who everybody else is and what their place is in the world.”

One way to do this is to have kids get together and talk about their differences. Allow them to practice conflict resolution, work through problems, and build their understanding of those around them. El Rio’s use of the Council process builds this into the curriculum each week.

2. Create opportunities for connection.

Fostering a sense of community in your classroom can lower bullying incidents and facilitate healing for targeted students.

Research shows that when targeted students feel connected to peers, they’re better able to cope with being bullied. Studies also indicate that teaching students to speak up when they witness bullying behavior, and to take a stand against it, can reduce future bullying situations by more than 50 percent.

“It’s all about connection,” says Nancy Beardall, who created and implemented a bullying prevention curriculum in Newton Public Schools. “When students feel connected to their peers, their school, and their community, they do better.”

In the classroom, start by creating a safe place for students to express themselves and feel heard. Cultivate students’ abilities to advocate on behalf of themselves as well as others. Outside of the classroom, facilitate opportunities for positive reinforcement by helping students get involved in afterschool activities that align with their hobbies and interests.

3. Identify ‘gateway behaviors.'

Researchers have found that small behaviors can often signal the beginning patterns of bullying. Often missed by educators who already have so much on their plates, these indicators, called  “gateway behaviors,” can be difficult to detect. But, if you can recognize them early on, there’s a chance you could prevent bullying behavior from developing down the road. As an educator, here are some of the key behaviors you should take notice of:

• Eye rolling

• Prolonged staring

• Back turning

• Laughing cruelly/encouraging others to laugh

• Name-calling

• Ignoring or excluding

• Causing physical harm

• Spying

• Stalking

While these behaviors may not be classified as bullying, putting interventions in place now could mitigate the likelihood of them growing into something more problematic. “The research would imply that [these behaviors] lead to bullying, and that if we can stop kids here, then we’re going to go a long way to stopping the problem,” says Patterson.

4. Use the arts to create context.

The arts can be a powerful tool for helping young people see situations from different perspectives. Using drama, literature, and the visual arts as a vehicle for conversation, educators can help students understand the negative impact of bullying. Erika Dawes, early childhood literacy professor, does this using the storybook Each Kindness by Jacqueline Woodson.

“Each Kindness is the story of a young girl who engages in bullying behavior toward a classmate,” says Dawes. “It’s not a typical story in that there’s not a happy ending. This means students are left with conflicting emotions. And this ambiguity is perfect place to enter into conversation.”

After reading to students, Dawes holds an open circle conversation. Drawing attention to issues raised in the story, she creates a safe and open atmosphere for students to talk about bullying. In this way, she’s able to contextualize bullying behavior that happens in the classroom without highlighting specific events.

5. Minimize ‘concentric circles’ in schools.

It’s a truth that most teachers don’t like to talk about: Educators can be bullies, too. And when teachers feel bullied by colleagues, their students can also become negatively impacted.

“There are schools where there is bullying within the adult culture,” reflects Patterson. “In the courses I teach, my students tell me that they feel bullied by other teachers, assistant principals, and department heads. If we live in a culture of bullying, we have to be so much more diligent about making sure it doesn’t go down to the classroom.”

In order to stop the spread of bullying from the leadership level down to students, start by looking within your own classroom. After a bad day or tense interaction with a colleague, try not to bring negativity into your teaching. Focus your energy on cultivating a learning environment built on positivity, openness, and support. And be sure to advocate for yourself by talking with supervisors or HR professionals about issues in your school’s culture that compromise your ability to be a fully present and effective educator.

6. Participate in simulations.

Theorizing about how to prevent and respond to bullying in schools is one thing. Witnessing it for the first time is entirely another. Through faculty simulations, teachers and staff can better understand and will be better equipped to step in to support students experiencing it.

Anti-cyberbullying and social media anti-bullying procedures include:

Measures to Prevent Bullying

1. Ensuring that El Rio actively shares and reminds students and staff of the rules for student conduct and implements strategies to promote a positive, collaborative school climate.

2. Providing to students, through student handbooks and other age-appropriate means, information about school rules related to bullying, mechanisms available for reporting incidents or threats, and the consequences for engaging in bullying

3. Encouraging students to notify school staff when they are being bullied or when they suspect that another student is being bullied, and providing means by which students may report threats or incidents confidentially and anonymously

4. Conducting an assessment of bullying incidents at school and, if necessary, increasing supervision in areas where bullying most often occurs, such as classrooms, playground, hallways, restrooms, and cafeteria.

5. Annually notifying district employees that, pursuant to Education Code 234.1, any school staff who witnesses an act of bullying against a student has a responsibility to immediately intervene to stop the incident when it is safe to do so.

Staff Development

The Executive Director shall make the California Department of Education's online training module on the dynamics of bullying and cyberbullying, which includes the identification of bullying and cyberbullying and the implementation of strategies to address bullying, available annually to all certificated staff and to other employees who have regular interaction with students.  (Education Code 32283.5)

El Rio’s Executive Director or designee shall provide training to teachers and other school staff to raise their awareness about the legal obligation of the district and its employees to prevent discrimination, harassment, intimidation, and bullying of students.  Such training shall be designed to provide staff with the skills to:

1. Discuss the diversity of the student body and school community.

2. Discuss bullying prevention strategies with students, and teach students to recognize the behavior and characteristics of bullying perpetrators and victims

3. Identify the signs of bullying or harassing behavior

4. Take immediate corrective action when bullying is observed

5. Report incidents to the appropriate authorities, including law enforcement in instances of criminal behavior.

Student Instruction

El Rio shall provide students with instruction, in the classroom or other educational settings, that promotes social-emotional learning, effective communication and conflict resolution skills, character/values education, respect for cultural and individual differences, self-esteem development, assertiveness skills, and appropriate online behavior.

El Rio shall also educate students about the negative impact of bullying, discrimination, intimidation, and harassment based on actual or perceived immigration status, religious beliefs and customs, or any other individual bias or prejudice.

Students should be taught the difference between appropriate and inappropriate behaviors, how to advocate for themselves, how to help another student who is being bullied, and when to seek assistance from a trusted adult. As role models for students, staff shall be expected to demonstrate effective problem-solving and anger management skills.

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.

Some links to statewide resources including community based organizations compiled by the CDE:

Online Bullying Training Module (PPTX)
Bullying Module (DOCX)
The CDE Online Bullying Training Module and Bullying presentation is mandated by Assembly Bill 1993 and California Education Code Section 32283.5.  The Online Bullying Training Module and Bullying Module will assist all school staff, school administrators, parents, pupils, and community members in increasing their knowledge of the dynamics of bullying.  The Online Bullying Training Module presentation and Bullying Module identify acts of bullying and suggest strategies to address bullying.  

StopBullying.gov Bullying Prevention Training Course
This free training provides guidance on how to take a public health approach to bullying prevention through the use of long-term, community-wide prevention strategies. Take the course and make a difference today.

National Alliance for Youth Sports: Bullying Prevention Training
This program is designed to provide valuable information on bullying and add to what coaches, parents, and administrators should know regarding bullying prevention. Bullying awareness and prevention is an important issue in youth sports today as it affects the health and well-being of children participating in all sports, and at all levels. This free training may be taken for a certificate issued by National Alliance for Youth Sports (NAYS).

Teachers’ Essential Guide to Cyberbullying Prevention
This guide is provided by Common Sense Media, a nonprofit organization that "provides education and advocacy to families to promote safe technology and media for children." The guide responds to the questions, What is cyberbullying? How common is it? And what can teachers do about it? Get advice and resources (English and Spanish) to support your students.

Keenan Bullying Recognition/Response
Keenan Safeschool’s Bullying: Recognition and Response course trains staff how to recognize and react to bullying situations, as well as their obligations to help prevent bullying/cyberbullying. The course helps users understand the complexities of bullying by examining its characteristics, development, and underlying causes. It also discusses the roles of victims, bullies, and bystanders and offers ways for staff to deal with each. This course is designed for all school staff members in California. A certificate will be issued by Keenan upon completion.

Websites, Publications, and Blogs

Bullying and Youth with Disabilities and Special Health Needs
This site addresses creating a safe environment for youth with disabilities and federal civil rights laws.

Bullying at School (PDF)
This CDE publication addresses bullying behavior and hate-motivated behavior, including definitions, effects, and prevention strategies.

Cyberbullying - Definition, Prevention, and Reporting
Cyberbullying happens when children bully each other through electronic technology. Find out why cyberbullying is different from traditional bullying, what you can do to prevent it, and how you can report it when it happens.

Cyberbullying Research Center
The Cyberbullying Research Center is a clearinghouse of information about cyberbullying among adolescents. It provides information on the nature, extent, causes, and consequences of cyberbullying, as well as resources on how to prevent and respond to online aggression.

GLSEN (Gay, Lesbian, and Straight Education Network)
This network provides resources and support for schools to implement effective and age-appropriate anti-bullying programs to improve school climate for all students.

Massachusetts Bullying Prevention and Intervention Resources
Massachusetts law led to the Model Bullying Prevention and Intervention Plan and implementation of model practices in school staff professional development in bullying prevention.

National Center on Safe Supportive Learning Environments (NCSSLE)
Funded by the U.S. Department of Education’s Office of Safe and Healthy Students. Bullying is defined as a form of unwanted, aggressive behavior among school-age children that involves a real or perceived power imbalance and that is repeated, or has the potential to be repeated, over time. This site describes physical, verbal, social bullying, and cyberbullying and features resources.

National Criminal Justice Reference Service
Select A-Z Topics, and then select Bullying.

National Crime Prevention Council
The National Crime Prevention Council’s mission is to be the nation’s leader in helping people keep themselves, their families, and their communities safe from crime.

Olweus Bullying Prevention Program
The site provides a summary of the Olweus Bullying Prevention Program developed by the Olweus Group. It is a comprehensive model that defines bullying/cyberbullying and utilizes annual surveys, classroom curriculum, implementation resources, and training.

Organizations and Resources that Support Youth
A list of California organizations providing support to youth and their families who have been subjected to school-related discrimination, harassment, intimidation, and bullying/cyberbullying, including resources for youths affected by gangs, gun violence, and psychological trauma caused by violence at home, school, and in the community.

PACER National Bullying Prevention Center
The organization provides classroom, family, and community resources and materials related to bullying and cyberbullying prevention, activities and events, and stories. Spanish language materials are available .

Stop Bullying
Stopbullying.gov is a national organization that provides information for students and adults defining bullying/cyberbullying, and offering advice on how to address the issues, resources, and materials.

Teaching Tolerance
Teaching Tolerance is a project of the Southern Poverty Law Center. It includes classroom resources and materials on bullying, cyberbullying, and school climate among many other topics related to tolerance.