TITLEIX POLICY PROHIBITING DISCRIMINATION ON THE BASIS OF SEX

This Title IXPolicy Prohibiting Discrimination on the Basis of Sex (“Policy”) contains the policies and grievance procedures of The Classical Academies (“TCA”) to address sex discrimination, including but not limited to sexual harassment, occurring within TCA’s education program or activity.

TCA does not discriminate on the basis of sex and prohibits any acts of sex discrimination in any education program or activity that it operates, as required by California law, Title IX (20 U.S.C. § 1681 et seq.)and the Title IX regulations (34 C.F.R. Part 106), including in admission and employment.¹

This Policy applies to conduct occurring in TCA’s education programs or activities including but not limited to incidents occurring on the school campus, during school-sponsored events and activities regardless of the location, and through school-owned technology, whether perpetrated by a student, parent/guardian, employee, volunteer, independent contractor or other person with whom TCA does business.

Inquiries about the application of Title IX and 34 C.F.R. Part 106 (hereinafter collectively referred to as “Title IX”) may be referred to the TCA Title IX Coordinator, theAssistant Secretary for Civil Rights of the U.S. Department of Education, or both.

 

Definitions

Prohibited Sex Discrimination

Title IX andCalifornia law prohibit discrimination on the basis of sex, including sex-based harassment and differences in the treatment of similarly situated individuals on the basis of sex with regard to any aspect of services, benefits, or opportunities provided by TCA.

Prohibited Sexual Harassment

Under Title IX,“sexual harassment” means conduct on the basis of sex that satisfies one or more of the following:

• An employee ofTCA conditioning the provision of an aid, benefit, or service of TCA on an individual’s participation in unwelcome sexual conduct;
• Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to TCA’s education program or activity; or
• “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C.12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30).

Under CaliforniaEducation Code section 212.5, sexual harassment consists of conduct on the basis of sex, including but not limited to unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct on the basis of sex, regardless of whether or not the conduct is motivated by sexual desire, when:(a) submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, education, academic status, or progress; (b) submission to, or rejection of, the conduct by the individual is used as the basis of employment, educational 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 TCA.

Examples of conduct that may fall within the Title IX or the Education Code definition of sexual harassment, or both:

• Physical assaults of a sexual or sex-based nature, such as:
  
  • Rape, sexual battery, molestation or attempts to commit these assaults.
  • Intentional physical conduct that is sex-based or sexual in nature, such as touching, pinching, patting, grabbing, brushing against another’s body, poking another’s body, violence, intentionally blocking normal movement or interfering with work or school because of sex.

• Unwanted sexual advances orpropositions, derogatory sex-based comments, or other sex-based conduct, suchas:
  
  • Sexually oriented or sex-based gestures, notices, epithets, slurs, remarks, jokes, or comments about a person’s sexuality or sexual experience.
    
  • 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.
  • Subjecting or threats of subjecting a student or employee to unwelcome sexual attention or conduct or intentionally making the student’s or employee’s performance more difficult because of the student’s or the employee’s sex.
  • Retaliation against an individual who has articulated a good faith concern about sex-based harassment.

• Sexual or discriminatory displays or publications anywhere in the work or educational environment, such as:
  
  • 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 in the work or educational environment.
  • Reading publicly or otherwise publicizing in the work or educational environment materials that are in anyway sexually revealing, sexually suggestive, sexually demeaning or pornographic.
  • Displaying signs or other materials purporting to segregate an individual by sex in an area of the work or educational environment (other than restrooms or similar rooms).

The illustrations above are not to be construed as an all-inclusive list of sex-based harassment acts prohibited under this Policy.

Complainant means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.

Formal Complaint of Sexual Harassment means a written document filed and signed by a complainant who is participating in or attempting to participate in TCA’s education program or activity or signed by the Coordinator alleging sexual harassment against a respondent and requesting that TCA investigate the allegation of sexual harassment. At the time of filing a formal complaint of sexual harassment, the complainant must be participating in or attempting to participate in TCA’s education program or activity.

Party means a complainant or respondent.

Respondent means a person who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

Supportive Measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to a party before or after the filing of a formal complaint of sexual harassment or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to TCA’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or TCA’s educational environment, or deter sexual harassment.

Title IXCoordinator

The Board ofDirectors of TCA (“Board”) has designated the following employee as the TitleIX Coordinator (“Coordinator”):

JaredBaez
Director of Safety and Security
jbaez@classicalacademy.com
355 E Grand Avenue, Escondido, CA 92025
760-520-6704

The Coordinator is responsible for coordinating TCA’s efforts to comply with the requirements of Title IX, receiving reports and complaints of sex discrimination, formal complaints of sexual harassment, and inquiries about the application ofTitle IX to TCA, coordinating the effective implementation of supportive measures, and taking other actions as required by this Policy. The Coordinator or designee may serve as the investigator for formal complaints of sexual harassment.

Reporting Sex Discrimination

All employees must promptly notify the Coordinator when the employee has knowledge of or notice of allegations of sex discrimination or sexual harassment occurring within TCA’s education program or activity.

Students are expected to report all incidents of misconduct prohibited by this Policy. Any student who feels they are a target of such behavior should immediately contact a teacher, counselor, the Principal, Coordinator, a staff person or a family member so that the student can get assistance in resolving the issue in a manner that is consistent with this Policy.

Complaints regarding such misconduct may also be made to the U.S. Department of Education,Office for Civil Rights. Civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders may also be available to complainants.

While submission of a written report is not required, the reporting party is encouraged to submit a written report to the Coordinator. TCA will promptly and effectively investigate and respond to all oral and written complaints and reports of misconduct prohibited by this Policy. Reports may be made anonymously, but formal disciplinary action cannot be based solely on an anonymous report.

Privacy

TCA acknowledges and respects every individual’s right to privacy. All reports and complaints shall be investigated in a manner that protects the confidentiality of the parties and the integrity of the process to the greatest extent possible. This includes but is not limited to keeping the identity of the reporter and other personally identifiable information confidential, as appropriate, except to the extent necessary to comply with the law, carry out the investigation and/or to resolve the issue, as determined by the Coordinator or designee on a case-by-case basis.

Retaliation

TCA prohibits any form of retaliation against any individual who files a report or complaint, testifies, assists, participates, or refuses to participate in any investigation or proceeding related to misconduct prohibited by this Policy. Such participation or lack of participation shall not in anyway affect the status, grades, or work assignments of the individual.

Response to Sexual Harassment

TCA will respond promptly and in a manner that is not deliberately indifferent when it has actual knowledge, as defined in 34 C.F.R. § 106.30(a), of sexual harassment occurring in its education program or activity against a person in the UnitedStates.

TCA’s response will treat complainants and respondents equitably by offering supportive measures toa complainant, and by following the grievance procedures for formal complaints of sexual harassment that are listed below before imposing any disciplinary sanctions or other actions that are not supportive measures on a respondent for sexual harassment under Title IX.

Supportive Measures

Once notified of sexual harassment or allegations of sexual harassment occurring in TCA’s education program or activity against a person in the United States, theCoordinator will promptly contact the complainant to discuss the availability of supportive measures, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint of sexual harassment.

Supportive measures may include but are not limited to: counseling; extensions of deadlines or other course-related adjustments; modifications of work or class schedules; mutual restrictions on contact between the parties; changes in work or on-campus housing locations; leaves of absence; increased security and monitoring of certain areas of the campus; and other similar measures.

Supportive measures will not unreasonably burden either party or be imposed for punitive or disciplinary reasons. TCA will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair TCA’s ability to provide the supportive measures. The Coordinator is responsible for coordinating the effective implementation of supportive measures.

Grievance Procedures

Scope and General Requirements

TCA has adopted and published grievance procedures that provide for the prompt and equitable resolution of student and employee complaints alleging any action that would be prohibited under Title IX and a grievance process that complies with 34 C.F.R.§ 106.45 for formal complaints of sexual harassment.

Complaints of misconduct prohibited by this Policy that do not constitute a formal complaint of sexual harassment will be addressed in accordance with TCA’s UniformComplaint Procedures, its employment discrimination complaint procedures, or the grievance procedures set forth in its Harassment, Intimidation,Discrimination, and Bullying Policy, as applicable. The following grievance procedures will apply to formal complaints of sexual harassment.

Upon receipt of a formal complaint of sexual harassment, the Coordinator or designee will promptly initiate these grievance procedures, or the informal resolution process if available, appropriate, and requested by all parties.

TCA requires that any Title IX Coordinator, investigator, decision maker, and any person designated by TCA to facilitate an informal resolution process not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.

TCA will treat complainants and respondents equitably.TCA presumes that the respondent is not responsible for the alleged sexual harassment until a determination is made at the conclusion of its grievance procedures.

TCA may consolidate formal complaints of sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against another party, where the allegations of sexual harassment arise out of the same facts or circumstances.

TCA allows for the temporary delay of the grievance process or limited extension of timeframes on a case-by-case basis for good cause. Requests for extensions must be submitted to the Coordinator in writing at least one (1) business day before the expiration of the timeframe. If the grievance process is temporarily delayed or a timeframe is temporarily extended by TCA, the Coordinator or designee will notify the parties of the reason for the delay or extension in writing.

TCA will objectively evaluate all evidence that is relevant and not otherwise impermissible, including both inculpatory and exculpatory evidence.² Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.

Dismissal

TCA must dismiss a formal complaint of sexual harassment for purposes of sexual harassment under Title IX if the conduct alleged:

• Would not constitute sexual harassment under Title IX even if proved;
• Did not occur in TCA’s education program or activity; or
• Did not occur against a person in the United States.

TCA may dismiss a formal complaint of sexual harassment or any of the allegations therein if:

• The respondent is no longer enrolled or employed by TCA;
• A complainant notifies the Coordinator in writing that the complainant would like to withdraw the complaint or any allegations therein; or
• Specific circumstances prevent TCA from gathering sufficient evidence to reach a determination as to the complaint or allegations therein.

Upon dismissal, theCoordinator or designee will promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties. Dismissal under Title IX does not preclude action under another applicable TCA policy.

Notice of the Allegations

Upon receipt of a formal complaint of sexual harassment, the Coordinator or designee will provide written notice of the allegations to the parties whose identities are known.The notice will include:

• TCA’s grievance procedures and any informal resolution process;
• The allegations of sexual harassment including sufficient details known at the time and with sufficient time to prepare a response before any initial interview.Sufficient details includes the identities of the parties involved in the incident(s), if known, the conduct allegedly constituting sexual harassment under Title IX, and the date(s) and location(s) of the alleged incident(s), if known;
• A statement that the respondent is presumed not responsible for the alleged conduct and a determination regarding responsibility is made at the conclusion of the grievance process;
• A statement that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney, and may inspect and review evidence; and
• A statement that TCA prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

Emergency Removal

TCA may place anon-student employee respondent on administrative leave during the pendency of the grievance procedures in accordance with TCA’s policies.

TCA may remove a respondent from TCA’s education program or activity on an emergency basis, in accordance with TCA’s policies, provided that TCA undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of any person arising from the allegations of sexual harassment justifies removal, and provides the respondent with notice and an opportunity to challenge the decision immediately following the removal.

This provision must not be construed to modify any rights under the Individuals with DisabilitiesEducation Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act.

Informal Resolution

At any time after a formal complaint of sexual harassment is filed and prior to determining whether sexual harassment occurred under TCA’s Title IX grievance procedures, TCA may offer an informal resolution process to the parties. TCA will not offer or facilitate informal resolution to resolve allegations that an employee sexually harassed a student, or when such a process would conflict with Federal, State, or local law. Parties will not be required or pressured to agree to participate in the informal resolution process.  

Before initiation of the informal resolution process, TCA will obtain the parties’ voluntary, written consent to participate in the informal resolution and provide the parties with a written notice that explains:

• The allegations;
• The requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint of sexual harassment arising from the same allegations;
• The right to withdraw and initiate or resume the grievance procedures at any time prior to agreeing to a resolution; and
• Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.

Investigation

In most cases, a thorough investigation will take no more than thirty(30) business days. TCA has the burden to conduct an investigation that gathers sufficient evidence to determine whether sexual harassment occurred. The investigator will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance in accordance with Title IX.

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be used, accessed, considered, or disclosed), regardless of whether they are relevant:

• A party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless TCA obtains that party’s voluntary, written consent to do so for these grievance procedures; and
• Evidence about the complainant’s sexual predisposition or prior sexual behavior, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

The parties will be provided with an equal opportunity to present witnesses, to inspect and review any evidence obtained that is directly related to the allegations raised, and to have an advisor present during any investigative meeting or interview. The parties will not be prohibited from discussing the allegations under investigation or from gathering and presenting relevant evidence. A party whose participation is invited or expected at an investigative meeting or interview will receive written notice of the date, time, location, participants, and purpose of the meeting or interview with sufficient time for the party to prepare to participate.

Before the investigator completes the investigative report, TCA will send to each party and the party’s advisor, if any, a copy of the evidence subject to inspection and review, and the parties will have at least ten (10) days to submit a written response for the investigator to consider prior to completing the investigation report.

The investigator will complete an investigation report that fairly summarizes relevant evidence and send a copy of the report to each party and the party’s advisor, if any, at least ten (10) days prior to the determination of responsibility.

Determination of Responsibility

Before making a determination of responsibility, the decision maker must afford each party the opportunity to submit written, relevant questions that a party wants to ask of any party or witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party. The decision maker must explain to the party proposing the questions any decision to exclude a question as not relevant.

Determinations will be based on an objective evaluation of all relevant and not otherwise impermissible evidence and credibility determinations will not be based on a person’s status as a complainant, respondent, or witness. The standard of evidence used to determine responsibility is the preponderance of the evidence standard.

Within twenty (20) business days after TCA sends the investigation report to the parties, the decision maker, who will not be the same person as the Coordinator or investigator, will simultaneously send the parties a written determination of whether sexual harassment occurred. The written determination will include:

• The allegations of sexual harassment;
• A description of the procedural steps taken including any notifications to the parties, interviews with parties and witnesses, site visits, and methods used to gather other evidence;
• The findings of facts supporting the determination;
• The conclusions regarding the application of TCA’s code of conduct to the facts;
• The decision and rationale foreach allegation;
• Any recommended disciplinary sanctions for the respondent, and whether remedies designed to restore or preserve equal access to the education program or activity will be provided to the complainant; and
• The procedures and permissible bases for appeals.

The determination regarding responsibility becomes final either on the date that TCA provides the parties with the written appeal decision, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

Appeals

Either party may, within five (5) business days of their receipt of TCA’s written determination of responsibility or dismissal of a formal complaint of sexual harassment, submit a written appeal to the Chief Executive Officer or designee, who will serve as the decision maker for the appeal or designate a decision maker for the appeal.

The complainant and respondent may only appeal from a determination regarding responsibility orTCA’s dismissal of a formal complaint of sexual harassment or any allegations therein, on one or more of the following bases:

• Procedural irregularity that affected the outcome of the matter;
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; or
• The Coordinator, investigator(s), or decision maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

The decision maker for the appeal will not be the same person as the Coordinator, the investigator or the initial decision maker.

The decision maker for the appeal will: 1) notify the other party of the appeal in writing; 2)implement appeal procedures equally for the parties; 3) allow the parties to submit a written statement in support of, or challenging, the outcome within five (5) business days of notice of the appeal; and 4) within fifteen (15)business days of the appeal, provide a written decision simultaneously to the parties describing the result of the appeal and the rationale for the result.

Consequences

Students or employees who engage in misconduct prohibited by this Policy, knowingly make false statements or knowingly submit false information during the grievance process, may be subject to disciplinary action up to and including expulsion from TCA or termination of employment. If there is a determination that sexual harassment occurred, the Coordinator is responsible for effective implementation of any remedies ordered by TCA.

Training

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 Title IX Coordinators, investigators, decision makers, and any person who facilitates a Title IX informal resolution process will receive Title IX training and/or instruction concerning sexual harassment as required by law.

Record keeping

TCA will maintain the following records for at least seven (7) years:

• Records of each sexual harassment investigation, including any determination of responsibility; any audio or audiovisual recording or transcript; any disciplinary sanctions imposed on the respondent; and any remedies provided to the complainant;
• Records of any appeal of a formal complaint or sexual harassment and the results of that appeal;
• Records of any informal resolution of a formal complaint or sexual harassment and the results of that informal resolution;
• All materials used to train Title IX Coordinators, investigators, decision makers, and any person who facilitates an informal resolution process; and
• Records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment.

The above records will be maintained in a secure location until destroyed in accordance with applicable laws and regulations.

[1] TCA complies with all applicable state and federal laws and regulations and local ordinances in its investigation of and response to reports and complaints of misconduct prohibited by this Policy.

[2] Inculpatory means tending to impute guilt or fault, and exculpatory means tending to absolve from guilt or fault.

HARASSMENT,INTIMIDATION, DISCRIMINATION, AND BULLYING POLICY

Discrimination, harassment, intimidation, and bullying are all disruptive behaviors, which interfere with students’ ability to learn, negatively affect student engagement, diminish school safety, and contribute to a hostile school environment. As such, The Classical Academies (“TCA”) prohibits any acts of discrimination, harassment, intimidation, and bullying altogether.

As used in this policy, discrimination, 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 mental or physical disability, sex (including pregnancy and related conditions, and parental status), sexual orientation, gender, gender identity, gender expression, immigration status, nationality (including national origin, country of origin, and citizenship),race or ethnicity (including ancestry, color, ethnic group identification, ethnic background, and traits associated with race, including, but not limited to, hair texture and protective hairstyles such as braids, locs, and twists),religion (including agnosticism and atheism), religious affiliation, medical condition, genetic information, marital status, age, or any combination of those characteristics, association with a person or group with one or more of these actual or perceived characteristics or any combination of those characteristics, or based on any other characteristic protected under applicable state or federal law or local ordinance. Hereafter, such actions are referred to as “misconduct prohibited by this Policy.”

To the extent possible, TCA will make reasonable efforts to prevent students from being discriminated against, harassed, intimidated, and/or bullied, and will take action to investigate, respond, address and report on such behaviors in a timely manner. TCA school staff who witness acts of misconduct prohibited by this Policy will take immediate steps to intervene when safe to do so.

This policy applies to incidents occurring on the school campus, at school-sponsored events and activities regardless of the location, through school-owned technology, and through other electronic means, whether perpetrated by a student, employee, parent/guardian, volunteer, independent contractor or other person with whomTCA does business, and all acts of TCA’s Board of Directors (“Board”) in enacting policies and procedures that govern TCA.

TCA complies with all applicable state and federal laws and regulations and local ordinances in its investigation of and response to reports of misconduct prohibited by this Policy.

Definitions

Harassment means conduct based upon one or more of the protected characteristics listed above that is severe or pervasive, which unreasonably disrupts an individual’s educational or work environment or that creates a hostile educational or work environment. Harassment includes, but is not limited to:

• Verbal conduct such as epithets, derogatory jokes, comments or slurs.
• Physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering with work or school based on any of the protected characteristics listed above.
• Retaliation for reporting or threatening to report harassment.
• Deferential or preferential treatment based on any of the protected characteristics listed above.

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 or group of students that may constitute 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:

• Placing a reasonable student¹ or students in fear of harm to that student’s or those students’ person or property.
• Causing a reasonable student to experience a substantially detrimental effect on the student’s physical or mental health.
• Causing a reasonable student to experience a substantial interference with the student’s academic performance.
• Causing a reasonable student to experience a substantial interference with the student’s ability to participate in or benefit from the services, activities, or privileges provided by TCA.

 

Cyberbullying is an electronic act that includes the transmission of harassing communication, direct threats, or other harmful texts, sounds, video 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 or 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:

• A message, text, sound, video, or image.
• 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 student 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 student for the purpose of bullying the student and such that another student would reasonably believe, or has reasonably believed, that the student was or is the student 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 student or a profile using the likeness or attributes of an actual student other than the student who created the false profile.

• An act of“Cyber sexual bullying” including, but not limited to:
  
  • The dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a student to another student 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 the 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.
  • “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.
• 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.

Bullying and Cyberbullying Prevention Procedures

TCA has adopted the following procedures for preventing acts of bullying, including cyberbullying.

Cyberbullying Prevention Procedures

TCA advises students:

• To never share passwords, personal data, or private photos online.
• To think about what they are doing carefully before posting and by emphasizing that comments cannot be retracted once they are posted.
• That personal information revealed on social media can be shared with anyone including parents, teachers, administrators, and potential employers. Students should never reveal information that would make them uncomfortable if the world had access to it.
• To consider how it would feel receiving such comments before making comments about others online.

TCA informs its employees, students, and parents/guardians of TCA’s policies regarding the use of technology in and out of the classroom.  TCA encourages parents/guardians to discuss these policies with their children to ensure their children understand and comply with such policies.

Education

TCA employees cannot always be present when bullying incidents occur, so educating students about bullying is a key prevention technique to limit bullying from happening. TCA advises students that hateful and/or demeaning behavior is inappropriate and unacceptable in our society and at TCA and encourages students to practice compassion and respect each other.

TCA educates students to accept all student peers regardless of protected characteristics (including but not limited to actual or perceived sexual orientation, gender identification, physical or cognitive disabilities, race, ethnicity, religion, and immigration status) and about the negative impact of bullying other students based on protected characteristics.

TCA’s bullying prevention education also discusses the differences between appropriate and inappropriate behaviors and includes sample situations to help students learn and practice appropriate behavior and to develop techniques and strategies to respond in anon-aggressive way to bullying-type behaviors. Students will also develop confidence and learn how to advocate for themselves and others, and when to goto an adult for help.

TCA informs TCA employees, students, and parents/guardians of this Policy and encourages parents/guardians to discuss this Policy with their children to ensure their children understand and comply with this Policy.

Professional Development

TCA annually makes available the online training module developed by the CaliforniaDepartment of Education pursuant Education Code section 32283.5(a) to its certificated employees and all other TCA employees who have regular interaction with students.

TCA informs certificated employees about the common signs that a student is a target of bullying including:

• Physical cuts or injuries
• Lost or broken personal items
• Fear of going to school/practice/games
• Loss of interest in school, activities, or friends
• Trouble sleeping or eating
• Anxious/sick/nervous behavior or distracted appearance
• Self-destructiveness or displays of odd behavior
• Decreased self-esteem

TCA encourages its employees to demonstrate effective problem-solving, anger management, and self-confidence skills for TCA’s students.

Complaint Procedures

Scope of the Complaint Procedures

TCA will comply with its Uniform Complaint Procedures (“UCP”) policy when investigating and responding to complaints alleging unlawful harassment, discrimination, intimidation or bullying against a protected group or on the basis of a person’s association with a person or group with one or more of the protected characteristics set forth in the UCP that:

• Are written and signed;
• Filed by an individual who alleges that they have personally suffered unlawful discrimination, harassment, intimidation or bullying, or by one who believes any specific class of individuals has been subjected to discrimination, harassment, intimidation or bullying based on a protected characteristic, or by a duly authorized representative who alleges that an individual student has been subjected to discrimination, harassment, intimidation, or bullying; and
• Submitted to the TCA UCP Compliance Officer not later than six (6) months from the date the alleged unlawful discrimination, harassment, intimidation or bullying occurred, or the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation or bullying.

TCA will comply with its Title IX Policy when investigating and responding to complaints alleging sex discrimination, including sex-based harassment, in its education program or activity, as applicable.

The following procedures shall be utilized for complaints of misconduct prohibited by thisPolicy that do not fall within the scope of TCA’s Title IX Policy or comply with the writing, timeline, or other formal filing requirements of the UCP. A copy of TCA’s Title IX Policy and UCP is available in the main office.

Submitting a Report or Complaint

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, to intervene when 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.

Reports and complaints of misconduct prohibited by this Policy shall be submitted to thePrincipal (or the Director of Human Resources if the complaint is against thePrincipal) as soon as possible after the incidents giving rise to the report or complaint.  

Complaints regarding such misconduct may also be made to the U.S.Department of Education, Office for Civil Rights. Civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders may also be available to complainants.

While submission of a written report is not required, and TCA will investigate and respond to all oral and written reports of misconduct prohibited by thisPolicy, the reporting party is encouraged to submit a written report. 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 misconduct prohibited by this Policy and other verbal or physical abuses. Any student who feels they are a target of such behavior should immediately contact a teacher, counselor, the Principal, a staff person or a family member so that the student can get assistance in resolving the issue in a manner that is consistent with this Policy.

TCA acknowledges and respects every individual’s right to privacy. All reports and complaints shall be investigated in a manner that protects the confidentiality of the parties and the integrity of the process to the greatest extent possible. This includes keeping the identity of the reporter and/or complainant confidential, as appropriate, except to the extent necessary to comply with applicable law, carry out the investigation and/or to resolve the issue, as determined by TCA on a case-by-case basis.

TCA prohibits any form of retaliation against any individual who files a report or complaint, testifies, assists, participates, or refuses to participate in any investigation or proceeding related to misconduct prohibited by this Policy. Such participation or lack of participation shall not in anyway affect the status, grades, or work assignments of the individual.Individuals alleging retaliation in violation of this Policy may file a grievance using the procedures set forth in this Policy.

Investigation and Response

Upon receipt of a report or complaint of misconduct prohibited by thisPolicy, the Principal or designee will promptly initiate an investigation. Inmost cases, a thorough investigation will take no more than twenty-five (25)school days.

At the conclusion of the investigation, the Principal or designee will, to the extent possible with respect to confidentiality laws, provide the complainant with information about the investigation and resolution of the incident/situation. However, thePrincipal or designee will not reveal confidential information related to other students or employees.

If the complaint is against the Principal, the Director of Human Resources or a designee will conduct a fact-finding investigation and provide the complainant with information about the investigation and resolution of the incident/situation.

Consequences

Students or employees who engage in misconduct prohibited by this Policy may be subject to disciplinary action up to and including expulsion from TCA or termination of employment.

Right of Appeal

Should a complainant find TCA’s resolution unsatisfactory, for complaints within the scope of this Policy, the complainant may, within five(5) business days of notice of TCA’s decision or resolution, submit a written appeal to the Chief Executive Officer or designee, who will serve as the decision maker for the appeal or designate a decision maker for the appeal. The decision maker for the appeal will notify the complainant of the final decision.

A complaint is a written and signed statement alleging a violation of federal or state laws or regulations, which may include an allegation of unlawful discrimination, harassment, intimidation, or bullying. If the complainant is unable to put the complaint in writing, due to conditions such as a disability or illiteracy, the agency shall assist the complainant in the filing of the complaint.  Every county office of education, district, and charter school governing board are required to have established local complaint policies that describe the procedures that must be followed to resolve complaints. Copies of complaint policies and procedures are available at county offices of education, district offices, or charter school offices.  Below is a link to the California Department of Education’s Universal Complaint Form for your review.

The Classical Academies has adopted this General Complaint Policy to address concerns about The Classical Academies generally or regarding specific employees. For complaints regarding harassment or perceived violations of state or federal laws, please refer to the Title IX, Harassment, Intimidation, Discrimination, and Bullying Policy and/or the Uniform Complaint Procedures. For all other complaints, the General Complaint form and accompanying procedures will be appropriate.

Internal Complaints

(Complaints by Employees against Employees)

This section of the policy is for use when a Classical Academy employee raises a complaint or concern about a co-worker.

If reasonably possible, internal complaints should be resolved at the lowest possible level, including attempts to discuss/resolve concerns with the immediate supervisor. However, in the event an informal resolution may not be achieved or is not appropriate, the following steps will be followed by the Director of Human Resources:

1. The complainant will bring the matter to the attention of the Director of Human Resources as soon as possible after attempts to resolve the complaint with the immediate supervisor have failed or if not appropriate; and

2. The complainant will reduce his or her complaint to writing, indicating all known and relevant facts. The Director of Human Resources or designee will then investigate the facts and provide a solution or explanation;

3. If the complaint is about the Director of Human Resources, the complainant may file his or her complaint in a signed writing to the Executive Director, who will then investigate the facts and provide a solution or explanation.

This policy cannot guarantee that every problem will be resolved to the employee’s satisfaction. However, The Classical Academies values each employee’s ability to express concerns and the need for resolution without fear of adverse consequence to employment.

Policy for Complaints Generally

(General Complaints and Complaints by Third Parties against Employees)

This section of the policy is for use when either a complaint does not fall under other complaint procedures or a third party (non-employee) raises a complaint or concern about The Classical Academies generally, or a Classical Academy employee.

If complaints cannot be resolved informally, complainants may file a written complaint with the Principal of the school site or Chair of the Board of Directors (only if the complaint concerns the Executive Director) as soon as possible after the events that give rise to the complainant’s concerns. The written complaint should set forth in detail the factual basis for the complaint.

In processing the complaint, the Principal (or designee) shall abide by the following process:

1. The Principal or designee shall use his or her best efforts to ascertain the facts relating to the complaint. Where applicable, the principal or designee shall talk with the parties identified in the complaint or persons with knowledge of the particulars of the complaint to ascertain said facts.

2. In the event that the Principal or designee finds that a complaint is valid, the Principal or designee may take appropriate action to resolve the problem. Where the complaint is against an employee of The Classical Academies, the Director of Human Resources may take disciplinary action against the employee. As appropriate, the Director of Human Resources may also simply counsel/reprimand employees as to their conduct without initiating formal disciplinary measures.

3. The Director of Human Resources decision relating to the complaint shall be final unless it is appealed to the Board of Directors of The Classical Academies. The decision of the Board of Directors shall be final.

General Requirements

1. Confidentiality: All complainants will be notified that information obtained from the complainants and thereafter gathered will be maintained in a manner as confidential as possible, but in some circumstances absolute confidentiality cannot be assured.
2. Non-Retaliation: All complainants will be advised that they will be protected against retaliation as a result of the filing of any complaints or participation in any complaint process.
3. Resolution: The Board of Directors (if a complaint is about the Executive Director) or the Executive Director, Director of Human Resources or designee will investigate complaints appropriately under the circumstances and pursuant to the applicable procedures, and if necessary, take appropriate remedial measures to ensure effective resolution of any complaint.

To submit a complaint, fill out the General Complaint Form below and deliver by email or in person to the school site principal or director of human resources.

Charter schools are not allowed to discourage a pupil from enrolling or seeking to enroll in the charter school because the pupil exhibits any characteristics such as students with disabilities, academically low-achieving, English learners, neglected or delinquent, homeless, socially economically disadvantaged, foster youth, or based on nationality, race, ethnicity, or sexual orientation. Charter schools are not allowed to request a pupil’s records before enrollment or encourage a child who is enrolled in a charter school to disenroll or transfer to another school. A parent, guardian, or pupil (18 years or older) may file a Charter School Complaint Form to the authorizing entity if they suspect the charter school is in violation of Education Code Section 47605(d)(4). Completed forms must be submitted to the charter school authorizer.

CIF COMPLAINT FORM: UNSPORTSMANLIKE BEHAVIOR BASED ON DISCRIMINATION OR HARASSMENT AT AN INTERSCHOLASTIC EVENT

This form may be used to report incidents of alleged unsportsmanlike conduct that involve discrimination or harassment at a CIF-sanctioned interscholastic event. Complainants are encouraged, when possible, to first speak with a school administrator or the district’s designated compliance officer. Alternatively, individuals may choose to follow their school or district’s established complaint procedures for addressing issues related to discrimination or harassment, including those based on race or other protected characteristics.