Important Updates to District Policies and Procedures

Dear SFUSD Students, Families, and Staff,

SFUSD actively takes steps to create safe and welcoming environments for students, staff and families. We are committed to ensuring each and every student feels safe and included within our schools. To that end, we are writing to share updates regarding SFUSD’s revised policies: Non-Discrimination Statement, Non-Discrimination/Harassment Policy, Hate-Motivated Behavior Policy, Bullying and Harassment Policy, and Student Sexual Harassment Policy. The updated texts for these policies are included below. Staff, students and families also previously received a notice informing you of changes to the Uniform Complaint Procedure. In order to comply with state and federal law, this Notification has an addendum attached with the full body of the above listed policies and administrative regulations below.

In addition, SFUSD has revised the Administrative Regulation related to Nondiscrimination - Intersex, Gender Nonbinary, Transgender, Gender Nonconforming Students and has updated its resources accordingly. You can visit SFUSD’s website for detailed information about the regulation and resources. Employees are also directed to be familiar with the Student Supports & Programs-Staff Resources. 

Each policy has links to SFUSD’s website and each policy can be translated into 11 languages on the website. SFUSD is also updating the District resources to include these policy changes, which can also be found on SFUSD’s website. 

-ADDENDUM-

UPDATED NON-DISCRIMINATION STATEMENT

San Francisco Unified School District prohibits discrimination, harassment, intimidation, sexual harassment and bullying based on actual or perceived  race, color, ancestry, nationality,  national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, reproductive health decision making, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, veteran or military status, or genetic information, or association with a person or a group with one or more of these actual or perceived characteristics or any other basis protected by law or regulation, in its educational program(s) or employment. For questions or complaints, contact Title IX Coordinator and Equity Officer:

Keasara (Kiki) Williams, Equity Officer

Eva Kellogg, Title IX Coordinator

Office of Equity, 555 Franklin Street, 3rd Floor, San Francisco, CA, 94102

415-355-7334 or equity@sfusd.edu

If you have concerns or complaints related to Section 504, you should contact your school site principal and/or District Section 504 Coordinator:

Michele McAdams

1515 Quintara St., San Francisco, CA, 94116

(415) 242-2615 or mcadamsd@sfusd.edu.

View the Non-Discrimination Statement on SFUSD’s Website. Available in eleven languages. 

UPDATED NON-DISCRIMINATION/HARASSMENT POLICY (BP 5145.3)

This Board Policy applies to all acts related to school activity or school attendance occurring with a school under the jurisdiction of the San Francisco Unified School District, and all acts of the governing board or body of the San Francisco Unified School District, the superintendent of the school district and the county superintendent of schools in enacting policies and procedures that govern the local educational agency.

Purpose

The Board of Education desires to provide a welcoming safe. and supportive school environment that allows all students equal access and opportunities in the district's academic, extracurricular  and other educational support programs, services, and activities. San Francisco Unified School District prohibits discrimination, harassment, intimidation, sexual harassment and bullying based on actual or perceived race, color,  ancestry, nationality, national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, reproductive health decision making, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, military or veteran status, or genetic information, or association with a person or group with one or more of these actual or perceived characteristics.

This policy shall apply to all acts related to school activity or to school attendance occurring within a district school, and to acts which occur off campus or outside of school-related or school-sponsored activities but which may have an impact or create a hostile environment at school. (Education Code 234.1)

Prohibited Discrimination

Unlawful discrimination, including discriminatory harassment, intimidation, or bullying, may result from  physical, verbal, nonverbal, or written conduct based on any of the categories listed above. Unlawful discrimination also occurs when the prohibited conduct is so severe, persistent, or pervasive that it affects a student's ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive educational environment; has the effect of substantially or unreasonably interfering with a student's academic performance; or otherwise adversely affects a student's educational opportunities. 

Unlawful discrimination also includes disparate treatment of students based on one of the categories above with respect to the provision of opportunities to participate in school programs or activities or the provision or receipt of educational benefits or services.

Because unlawful discrimination may occur when disciplining students, including suspension and expulsion, the Superintendent or designee shall ensure that staff enforce discipline rules fairly, consistently and in a non-discriminatory manner, as specified in Board Policy and Administrative Regulation 5144 - Discipline, Board Policy and Administrative Regulation 5144.1 - Suspension and Expulsion/Due Process, and Administrative Regulation 5144.2 - Suspension and Expulsion/Due Process (Students With Disabilities).

Prohibited Retaliation

Retaliation is an act of discrimination, coercion, intimidation or threat against a person for the purpose of interfering with the exercise of a protected right, such as making a complaint, testifying, assisting, or participating in an investigation in any matter. The District also prohibits any form of retaliation against any individual who reports or participates in the reporting of unlawful discrimination, files or participates in the filing of a complaint, or investigates or participates in the investigation of a complaint or report alleging unlawful discrimination. Retaliation complaints shall be investigated and resolved in the same manner as a discrimination complaint.

Complaint Procedures

The Superintendent or designee shall facilitate students' access to the educational program by publicizing the district's nondiscrimination policy and related complaint procedures to students, parents/guardians, and employees. In addition, they shall post the District's policies prohibiting discrimination, harassment, intimidation, and bullying and other required information on the District's website in a manner that is easily accessible to parents/guardians and students, in accordance with law.

They shall provide training and/or information on the scope and use of the policy and complaint procedures and take other measures designed to increase the school community's understanding of the requirements of law related to discrimination. The Superintendent or designee shall regularly review the implementation of the district's nondiscrimination policies and practices and, as necessary, shall take action to remove any identified barrier to student access to or participation in the educational program. They shall report their  findings and recommendations to the Board after each review.

All allegations of unlawful discrimination in district programs and activities shall be brought, investigated, and resolved in accordance with Board Policy 1312.3 - Uniform Complaint Procedures.

Regardless of whether a complainant complies with the writing, timeline, and/or other formal filing requirements, all complaints alleging unlawful discrimination, including discriminatory harassment, intimidation, or bullying, shall be investigated and prompt action taken to stop the discrimination, prevent recurrence, and address any continuing effect on students.

Students who engage in unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, in violation of law, Board policy, or administrative regulation shall be subject to appropriate intervention, consequence or discipline, which may include suspension or expulsion for behavior that is severe or pervasive as defined in Education Code 48900.4

Any employee who permits or engages in prohibited discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, shall be subject to disciplinary action, up to and including dismissal.

Record-Keeping

The Superintendent or designee shall maintain a record of all reported cases of unlawful discrimination, including discriminatory harassment, intimidation, or bullying, to enable the district to monitor, address, and prevent repetitive prohibited behavior in district schools.

Please refer to AR 5145.4 for Nondiscrimination/Harassment of Intersex, Nonbinary, Transgender and Gender Nonconforming Students.

View the Non-Discrimination/Harassment Policy on SFUSD’s Website. Available in eleven languages. 

UPDATED NON-DISCRIMINATION/HARASSMENT ADMINISTRATIVE REGULATION (AR 5145.3)

This Administrative Regulation applies to the San Francisco Unified School District and the County Office of Education.

The District designates the individual(s) identified below as the employee(s) responsible for coordinating the District's efforts to comply with state and federal civil rights laws, including Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, and the Age Discrimination Act of 1975, and to answer inquiries regarding the District's nondiscrimination policies. The individual(s) shall also serve as the compliance officer(s) specified in AR 1312.3 - Uniform Complaint Procedures as the responsible employee to handle complaints regarding unlawful discrimination, including discriminatory harassment, intimidation, or bullying, based on actual race, color, ancestry, national origin, nationality, immigration status, ethnicity, ethnic group identification, age, religion, marital or parental status, pregnancy, reproductive health decision making, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, veteran or military status, genetic information, or any other legally protected status; the perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics. The coordinator/compliance officer(s) may be contacted at:  (Education Code 234.1; 5 CCR 4621)

Keasara Williams

Executive Director of the Office of Equity and/or Compliance Officer

Eva Kellogg

Title IX Coordinator

555 Franklin Street, 3rd Floor

Telephone:  (415) 355-7334

Fax:  (415) 355-7333

Email:  equity@sfusd.edu

If you have concerns or complaints related to Section 504, you should contact your school site principal and/or District Section 504 Coordinator:

Michele McAdams

1515 Quintara St.

San Francisco, CA 94116

Telephone: (415) 242-2615 or

Email: mcadamsd@sfusd.edu

Measures to Prevent Discrimination

To prevent unlawful discrimination, including discriminatory harassment, intimidation, retaliation, and bullying, of students at District schools or in school activities and to ensure equal access of all students to the educational program, the Superintendent or designee shall implement the following measures:

1. Publicize the District's nondiscrimination policy and related complaint procedures including the coordinator/compliance officers' contact information, to students, parents/guardians, employees, volunteers, and the general public and post them on the District's web site and other prominent locations and providing easy access to them through District-supported communications.
2. Post the district's policies and procedures prohibiting discrimination, harassment, student sexual harassment, intimidation, bullying, and cyberbullying, including a section on social media bullying that includes all of the references described in Education Code 234.6 as possible forums for social media, in a prominent location on the district's web site in a manner that is easily accessible to parents/guardians and students  (Education Code 234.6)
3. Post the definition of sex discrimination and harassment as described in Education Code 230, including the rights set forth in Education Code 221.8, in a prominent location on the district's web site in a manner that is easily accessible to parents/guardians and students  (Education Code 234.6)
4. Post in a prominent and conspicuous location on the District website in a manner that is easily accessible to parents/guardians and students information regarding Title IX prohibitions against discrimination based on a student's sex, gender, gender identity, pregnancy, and parental status, including the following: (Education Code 221.61, 234.6)
5. The name and contact information of the District's Title IX coordinator, including the phone number and email address
6. The rights of students and the public and the responsibilities of the District under Title IX, including a list of rights as specified in Education Code 221.8 and web links to information about those rights and responsibilities located on the web sites of the Office for Equal Opportunity and the U.S. Department of Education's Office for Civil Rights (OCR)
7. A description of how to file a complaint of noncompliance with Title IX which shall include:
8. An explanation of the statute of limitations within which a complaint must be filed after an alleged incident of discrimination has occurred and how a complaint may be filed beyond the statute of limitations
9. An explanation of how the complaint will be investigated and how the complainant may further pursue the complaint, including web links to this information on the OCR's web site
    
10. A web link to the OCR complaints form and the contact information for the office, including the phone number and email address for the office
11. A link to the Title IX information included on the California Department of Education's (CDE) web site. 
12. Post a link to statewide CDE compiled resources, including community-based organizations, that provide support to youth who have been subjected to school-based discrimination, harassment, intimidation, or bullying and to their families. Such resources shall be posted in a prominent location on the district's website in a manner that is easily accessible to parents/guardians and students.  (Education Code 234.5, 234.6)
13. Provide to students a handbook that contains age-appropriate information that clearly describes the District's nondiscrimination policy, procedures for filing a complaint, and resources available to students who feel that they have been the victim of any such behavior. (Education Code 234.1)
14. Annually notify all students and parents/guardians of the District's nondiscrimination policy, including its responsibility to provide a safe, nondiscriminatory school environment for all students. The notice shall inform students and parents/guardians that they may request to meet with the compliance officer to determine how best to accommodate or resolve concerns that may arise from the District's implementation of its nondiscrimination policies. The notice shall also inform all students and parents/guardians that, to the extent possible, the District will address any individual student's interests and concerns in private.
15. The Superintendent or designee shall ensure that all students and parents/guardians, including students and parents/guardians with limited English proficiency, are notified of how to access the relevant information provided in the District's nondiscrimination policy and related complaint procedures, notices, and forms in a language they can understand.

If 15 percent or more of students enrolled in a particular District school speak a single primary language other than English, the District's policy, regulation, forms, and notices concerning nondiscrimination shall be translated into that language in accordance with Education Code 234.1 and 48985.  In all other instances, the District shall ensure meaningful access to all relevant information for parents/guardians with limited English proficiency.

9. Provide to students, employees, volunteers, and parents/guardians age-appropriate training and information regarding the District's nondiscrimination policy; what constitutes prohibited discrimination, including discriminatory harassment, intimidation, retaliation, or bullying; how and to whom a report of an incident should be made; and how to guard against segregating or stereotyping students when providing instruction, guidance, supervision, or other services to them.  Such training and information shall include guidelines the district may use to provide a discrimination-free environment for all district students. 
10. At the beginning of each school year, inform school employees that any employee who witnesses any act of unlawful discrimination, including discriminatory harassment, intimidation, or bullying, against a student is required to intervene if it is safe to do so. (Education Code 234.1)
     
11. At the beginning of each school year, inform each principal or designee of the District's responsibility to provide appropriate assistance or resources to protect students' privacy rights and ensure their safety from threatened or potentially discriminatory behavior.

Enforcement of District Policy

The Superintendent or designee shall take appropriate actions to reinforce BP 5145.3 - Nondiscrimination/Harassment.  As needed, these actions may include any of the following:

1. Removing vulgar or offending graffiti
2. Providing training to students, staff, and parents/guardians about how to recognize unlawful discrimination, how to report it or file a complaint, and how to respond
3. Disseminating and/or summarizing the District's policy and regulation regarding unlawful discrimination 
4. Consistent with the laws regarding the confidentiality of student and personnel records, communicating the school's response to students, parents/guardians, and the community the school's response plan to unlawful discrimination or harassment
5. Taking appropriate disciplinary action against students, employees, and anyone determined to have engaged in wrongdoing in violation of district policy, including any student who is found to have filed a complaint of discrimination that they knew was not true

Process for Initiating and Responding to Complaints

Any student who feels that they have been subjected to unlawful discrimination described above or in District policy is strongly encouraged to immediately contact the compliance officer, principal, or any other staff member.  In addition, any student who observes any such incident is strongly encouraged to report the incident to the compliance officer or principal, whether or not the alleged victim files a complaint.

Any school employee who observes an incident of unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, or to whom such an incident is reported shall report the incident to the compliance officer or principal within a school day, whether or not the alleged victim files a complaint.

Any school employee who witnesses an incident of unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, shall immediately intervene to stop the incident when it is safe to do so.  (Education Code 234.1)

When any report of unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, is submitted to or received by the principal or compliance officer, they shall inform the student or parent/guardian of the right to file a formal complaint pursuant to the provisions in AR 1312.3 - Uniform Complaint Procedures or, for complaints of sexual harassment that meet the federal Title IX definition, AR 5145.7 - Title IX Sexual Harassment Complaint Procedures. Once notified verbally or in writing, the compliance officer shall begin the investigation and shall implement immediate measures necessary to stop the discrimination and ensure that all students have access to the educational program and a safe school environment. Any interim measures adopted to address unlawful discrimination shall, to the extent possible, not disadvantage the complainant or a student who is the victim of the alleged unlawful discrimination.

Any report of unlawful discrimination involving the principal, compliance officer, or any other person to whom the complaint would ordinarily be reported or filed shall instead be submitted to the Superintendent or designee who shall determine how the complaint will be investigated.  Even if the student chooses not to file a formal complaint, the principal or compliance officer shall implement immediate measures necessary to stop the discrimination and to ensure all students have access to the educational program and a safe school environment.

Upon receiving a complaint of discrimination, the compliance officer shall immediately investigate the complaint in accordance with the District's uniform complaint procedures specified in AR 1312.3.

Please refer to AR 5145.4 for Nondiscrimination/Harassment of Intersex, Nonbinary,

Transgender and Gender-Nonconforming Students

View the Non-Discrimination/Harassment Administrative Regulation on SFUSD’s Website. Available in eleven languages. 

UPDATED HATE-MOTIVATED BEHAVIOR POLICY (BP 5145.9)

This Board Policy applies to the San Francisco Unified School District and the County Office of Education.

The Governing Board is committed to providing a respectful, inclusive, and safe learning environment that protects students from discrimination, harassment, intimidation, bullying, and other behavior motivated by hate. 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 towards another person's real or perceived race, color, ancestry, nationality,  national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, reproductive health decision making, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, veteran or military status, or genetic information; or any other characteristic identified in Education Code 200 or 220, Government Code 11135, or Penal Code 422.55, or association with a person or group with one or more of these actual or perceived characteristics. The Superintendent or designee shall design strategies to promote harmonious relationships among students, prevent incidents of hate-motivated behavior to the extent possible, and address such incidents if they occur.

The Superintendent or designee shall collaborate with regional programs and community organizations to promote safe environments for youth where diversity is celebrated and hate-motivated behavior not tolerated. Such collaborative efforts shall focus on ensuring an efficient use of District and community resources, developing effective prevention strategies and response plans, providing assistance to students affected by hate-motivated behavior, and/or educating students who have perpetrated hate-motivated acts.

The District shall provide students with age-appropriate instruction that includes the development of social-emotional learning, promotes their understanding of and respect for human rights, human relations, diversity, and acceptance in a multicultural society, explains the harm and dangers of explicit and implicit biases, discourages discriminatory attitudes and practices, and provides strategies to manage conflicts constructively.

As necessary, the District shall 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 shall be disciplined.

The Superintendent or designee shall ensure that the rules prohibiting hate-motivated behavior and procedures for reporting a hate-motivated incident are provided to students and parents/guardians. This policy shall be posted in a prominent location on the district's website in a manner that is readily and easily accessible to parents/guardians and students.  (Education Code 234.6)

The Superintendent or designee shall provide staff with training on recognizing and preventing hate-motivated behavior and on effectively enforcing rules for appropriate student conduct. As appropriate, the  training shall:

1. Promotes an understanding of diversity, equity, and inclusion
2. Discourages the development of discriminatory attitudes and practices
3. Includes social-emotional learning and nondiscriminatory instructional and counseling methods
4. Supports the prevention, recognition, and response to hate-motivated behavior
5. Raises the awareness and sensitivity of staff to potentially prejudicial and discriminatory behavior
6. Includes effective enforcement of rules for appropriate student conduct

Employees who engage in hate-motivated behavior shall be subject to disciplinary action, up to and including dismissal.

Complaint Process

A student or parent/guardian who believes the student is a victim of hate-motivated behavior is strongly 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 shall immediately contact the principal or 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  shall also contact law enforcement.

Any student who feels that they are a victim of "hate-motivated" behavior shall immediately contact the principal or any trusted staff member with whom the student has a relationship. Reports can be made in writing or verbally and all complaints should be reported to a site administrator. If the student believes that the situation has not been remedied by the principal or designee, the student may file a complaint with the District's Office of Equity in accordance with District Uniform Complaint Procedures (Board Policy 1312.3).

If, during the investigation, it is determined that a complaint is about nondiscriminatory behavior, the principal or designee shall inform the complainant and shall take all necessary actions to resolve the complaint.

View the Hate-Motivated Behavior Policy on SFUSD’s Website. Available in eleven languages. 

UPDATED HATE-MOTIVATED BEHAVIOR ADMINISTRATIVE REGULATION (AR 5145.9)

This Administrative Regulation applies to the San Francisco Unified School District and the County Office of Education.

Every student has the right to be protected from "hate-motivated" behavior. The Superintendent shall promote harmonious relationships that enable students to gain a true understanding of the civil rights and social responsibilities of people in our society.  Behavior or statements that degrade an individual on the basis of their race, color, ancestry, nationality,  national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, reproductive health decision making, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, veteran or military status, or genetic information; the perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics  shall not be tolerated and may be considered “hate-motivated” speech or "hate-motivated" behavior. A “hate-motivated" comment or “bias incident” is biased conduct, speech, or expression that has an impact, but does not involve a criminal action.

Hate crimes (vandalism, physical assault, arson, etc.) are crimes which are motivated, in whole or in part, by bias, by the targeted individual or group’s characteristics or perceived characteristics of race, color, ancestry, nationality,  national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, reproductive health decision making, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, veteran or military status, or genetic information; the perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics. “Hate crimes” should be reported to law enforcement. 

School Climate

Everyday acts of intolerance and/or hate may manifest in a variety of ways: name-calling, slurs, sexual harassment, casual put downs regarding race, ethnicity, gender, , abilities, religion, perceived sexual orientation or gender identification. Administrators and teachers should actively work to promote a positive school climate. School staff are encouraged to: 

• Work to establish a climate where casual slurs are uncommon and are challenged when they do occur. Set expectations of how students should speak to each other (in person and online), whether they are in or out of earshot of a teacher or administrator.
• Create a no-slur school by stating clear support for a safe, open learning environment free of slurs. Be specific: no insults related to ability, appearance, culture, gender, home language, race, ethnicity, religion, sexual orientation or social class will be tolerated.
• Engage students who appear to be isolated in school settings due to potential bias or stereotyping.
• Check for signs of hostility, depression, or a marked change in behavior or academic performance, and reach out to the student’s parents or guardians and/or the school counselor as appropriate.
• Model inclusive, pro-social behavior and interrupt moments of bias among staff.

If a "hate-motivated" comment or action occurs, school staff should be prepared to discuss how the school will respond. The school should also be prepared to respond to "hate-motivated" incidents that happen in the community or off-campus if the incidents have an impact on its students or school environment.

Reporting

Any student who feels that they are a victim of "hate-motivated" behavior shall immediately contact the principal or any trusted staff member with whom the student has a relationship.  Reports can be made in writing or verbally and all complaints should be reported to a site administrator. If the student believes that the situation has not been remedied by the principal or designee, the student may file a complaint with the District’s Office of Equity in accordance with District Uniform Complaint Procedures (Board Policy 1312.3).

Staff who receive notice of "hate-motivated" behavior or personally observe such behavior shall notify the principal.

Grievance Procedures & Investigation

When a staff member first hears "hate speech" or "bias speech," they should immediately interrupt, address, and admonish the student making such comments. The staff member should do an initial inquiry with the victim-student to determine if a full investigation is needed.  Included in that initial inquiry should be questions regarding the harm that the student has suffered, frequency and persistence of the behavior, and the history between the students. If the administrator determines that a full investigation is needed to learn more about the incident and/or to determine what happened, they should contact their Assistant Superintendent and the Office of Equity to inform them of the incident and consult on appropriate next steps.

Once an administrator receives a report of "hate-motivated" behavior, and determines that a full investigation is needed, the administrator/investigator should begin their investigation immediately. If the administrator determines that a full investigation is needed, the administrator shall conduct a thorough and equitable investigation into the allegations and inform the victim-student/family regarding the status of the investigation.  During the course of the investigation, the administrator should consider the following factors:

• Put safety first,
• Denounce the act,
• Investigate,
• Involve others where necessary,
• Provide accurate information and dispel misinformation,
• Support targeted students,
• Seek justice, avoid blame, and
• Promote healing.

A student who has been found to have demonstrated "hate-motivated" behavior shall be subject to discipline in accordance with law, Board Policy, and Administrative Regulation.

Once the full investigation is complete, the administrator should:

• Notify the involved students and families of the investigation outcome,
• Debrief with their school site, investigation team, and staff to discuss the investigation process to review lessons learned,
• Expand the discussion to include relevant students, parents and guardians and community members, keeping in mind that an individual student's disciplinary record is confidential under state law and FERPA,
• Take notes about all suggestions and comments and document them in the investigation folder, and
• Discuss all follow-up steps and use them to create a road map for change (if needed).

Training

As necessary, the District shall provide counseling and appropriate sensitivity training and diversity education for students exhibiting "hate-motivated" behavior.  The District shall also provide counseling, guidance and support, as necessary, to those students who are the victims of "hate-motivated" behavior.

The Superintendent or designee shall ensure that staff receive training on recognizing "hate-motivated" behavior and on strategies to help respond appropriately to such behavior.

At the beginning of each school year, students and staff shall receive a copy of the District's Administrative Regulation on "hate-motivated" behavior in the Student and Parent Handbook.  The District shall provide age-appropriate instruction to help promote an understanding of and respect for human rights, diversity, and tolerance in a multicultural society and to provide strategies to manage conflicts constructively. 

View the Hate-Motivated Behavior Administrative Regulation on SFUSD’s Website. Available in eleven languages. 

UPDATED BULLYING AND HARASSMENT POLICY (BP 5131.2)

This Board Policy applies to the San Francisco Unified School District and the County Office of Education.

The Governing Board recognizes the harmful effects of bullying and harassment on student  well-being, learning and school attendance and desires to provide a welcoming, safe, and supportive school environment that protect students from physical and emotional harm. District employees shall establish student safety as a high priority and shall not tolerate bullying or harassment of any student. No individual or group shall, through physical, written, verbal, visual, or other means, harass, sexually harass, threaten, intimidate, cyberbully, cause bodily injury to, or engage in hate-motivated behavior against any student or school personnel, or retaliate against them for filing a complaint or participating in the complaint resolution process. Strategies for addressing bullying and harassment in District schools shall be developed with involvement of key stakeholders, including students, guardians, and staff, and shall  be incorporated into the comprehensive safety plan, and, to the extent possible, into the local control and accountability plan, and other applicable District and school plans. Bullying is an aggressive behavior that involves a real or perceived imbalance of power between individuals with the intent to cause emotional or physical harm. Bullying can be physical, verbal, or social/relational and may involve a single severe act or repetition or potential repetition of a deliberate act. Bullying includes, but is not limited to, any act described in Education Code 48900(r). Bullying or harassment can be based on a protected class, as defined in BP 1312.3, BP 5145.9 and R 5131.2, or can be based on other unknown reasons.  As appropriate, the Superintendent or designee may collaborate with law enforcement, courts, social services, mental health services, other agencies, and community organizations in the development and implementation of joint strategies to promote safety in schools and the community and to provide services for alleged targets and perpetrators of bullying. Recognizing that bullying and harassing behavior can also be hate-motivated behavior, the Superintendent's designee shall develop effective prevention strategies and response plans, providing assistance to students affected by hate-motivated behavior, and/or educating students who have perpetrated hate-motivated acts as set forth in BP 5145.9. 

Cyberbullying/Cyber Harassment

Cyberbullying includes the creation or transmission of harassing communications, direct threats, or other harmful texts, sounds, or images, which may be shared, sent or posted publicly. Like any bullying or harassing conduct, cyberbullying may be based on protected class. Cyberbullying may include, but is not limited to, personal or private information that causes humiliation, false or negative information to discredit or disparage, or threats of physical harm Cyberbullying also includes breaking into another person's electronic account and assuming that person's identity in order to damage that person's reputation. When the circumstances involve cyberbullying, individuals with information about the activity shall be encouraged to save and print any electronic or digital messages that they feel constitute cyberbullying and to notify a teacher, the principal, or other employee so that the matter may be investigated. When a student uses social networking site or service to bully or harass another student, the Superintendent or designee may file a request with the networking site or service to suspend the privileges of the student and to have material removed. School site staff who learn of Cyberbullying must immediately report to an administrator.

If the administrators learn of off-campus Cyberbullying that disrupts the educational environment, they must seek to intervene as soon as possible in order to prevent the Cyberbullying from continuing. If the Cyberbullying is found to have been done outside of school hours, but is impacting a student's safe learning environment, the school can discipline the student who engaged in the Cyberbullying.

Bullying Prevention

To the extent possible, District schools shall focus on the prevention of bullying by establishing clear rules for student conduct and implementing strategies to promote a positive, collaborative school climate. Students shall be informed, through student handbooks, curriculum, and other appropriate means, of District and school rules related to bullying, mechanisms available for reporting incidents or threats, and the consequences for engaging in bullying. Such instruction 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. As appropriate, the District shall provide students with instruction, in the classroom or other educational settings, that promotes social-emotional learning, effective communication and conflict resolution skills, social skills, character/values education, respect for cultural and individual differences, self-esteem development, assertiveness skills, digital and media literacy skills and appropriate online behavior. The District shall notify parents and guardians, through student and family handbooks, of their children’s right to a free public education, regardless of immigration status, religious beliefs, or other protected class status. This information shall include the “Know Your Rights” immigration enforcement information established by the Attorney General.  The district 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 are responsible for teaching and modeling respectful behavior and building safe and supportive learning environments, and are 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.

Staff shall receive related professional development, including information about early warning signs of harassing/intimidating behaviors and effective response. District families are encouraged to model respectful behavior, contribute to a safe and supportive learning environment, and monitor potential causes of bullying. 

The Superintendent or designee shall annually make available to all certificated staff and to other employees who have regular interaction with students the California Department of Education (CDE) online training module on the dynamics of bullying and cyberbullying, including the identification of bullying and cyberbullying and the implementation of strategies to address bullying.  (Education Code 32283.5)  

The Superintendent or designee shall train teachers and other school staff/personnel to ensure that they are aware of their legal duty to take reasonable steps to prevent discrimination, harassment, intimidation, and bullying, eliminate a hostile environment, and respond to any incidents of harassment based on the actual or perceived characteristics noted above Such training shall be designed to provide staff with the skills to: 

1. Discuss the diversity of the student body and school community, including their varying immigration and indigenous experiences
    
2. Discuss bullying prevention strategies with students, and teach students to recognize the behavior and characteristics of bullying perpetrators and targets
    
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 consistent with Board Policy 5145.11, Questioning and Apprehension by Law Enforcement and Board Resolution No. 206-23A3 "In Support of Black Lives in SFUSD and the Abolition of Armed Law Enforcement in Schools".
    
6. Work with families utilizing Restorative Practices to repair harm, resolve conflicts, and strengthen relationships

Based on an assessment of bullying incidents at school, the school site administrator may increase supervision and security in areas where bullying most often occurs, such as classrooms, playground, hallways, restrooms, and cafeterias.

Intervention

Students are encouraged to notify school staff when they are being bullied, harassed, or suspect that another student is being targeted. In addition, the Superintendent or designee shall develop means for students to report threats or incidents confidentiality and anonymously. School staff who witness an act of discrimination, intimidation, bullying or harassment shall immediately intervene to stop the incident when it is safe to do so. (Education Code 234.1) When appropriate based on the severity or pervasiveness of the bullying, the Superintendent or designee shall notify the parents/guardians of targets and perpetrators and may contact law enforcement. The Superintendent, principal, or principal's designee may refer a target , witness and/or bystander and/or ally, perpetrator, or other student affected by an act of bullying to a school counselor, school psychologist, social worker, child welfare attendance personnel, school nurse, or other school support service personnel for case management, counseling, and/or participation in a restorative justice program/conference as appropriate. (Education Code 48900.9) 

Filing, Investigation and Resolution of Uniform Complaints Related to Bullying

The Board encourages the early, informal resolution of complaints whenever possible and appropriate. However, if any complaint of bullying or harassment is submitted to the District, it shall be investigated and resolved in accordance with law, the procedure outlined in AR 5131.2 and the District's uniform complaint procedures specified in AR 1312.3. The District shall ensure that these complaint procedures include confidentiality safeguards for immigration status information consistent with BP 5125 . If during the investigation, it is determined that a complaint is about nondiscriminatory bullying or harassment, the principal or designee shall inform the complainant and shall take all necessary actions to resolve the complaint. 

Discipline

Corrective actions for a student who commits an act of bullying or harassment of any type may include counseling, behavioral intervention and education, and, if the behavior is severe or pervasive as defined in Education Code 48900, may include suspension or expulsion in accordance with District policies and regulations. 

When appropriate based on the severity or pervasiveness of the bullying, the Superintendent or designee shall notify the guardians of victims and perpetrators and may contact law enforcement. 

Any employee who permits or engages in bullying or retaliation related to bullying, or harassment or retaliation shall be subject to disciplinary action, up to and including dismissal. 

Intradistrict Safety Transfer

If the Superintendent or designee believes it is in the best interest of a student who is found to have been the victim of an act of bullying or harassment, as defined in Education Code sections 48900(r), 48900.2, 48900.3, or 48900.4, the Superintendent or designee shall advise the student's guardians that the student may request a voluntary transfer to another school. 

For the conduct to meet the definition of bullying or harassment to qualify for a safety transfer , it must result in a finding of a "severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of any electronic act, include one or more acts committed by a student or group of students as defined by Education Code section 48900(r), 48900.2, 48900.3, or 48900.4, and be directed toward one or more students in such a way that caused or could cause a reasonable student to experience one or more of the following:

1. Fear of harm to themselves or property,
2. Substantial detrimental effect on the student's physical or mental health,
3. Substantial interference with the student's academic performance,
4. Substantial interference with the student's ability to fully participate in or benefit from the services, activities, or privileges provided by a school.

If the guardians of a student who has been found to be victim of an act of bullying or harassment submits a safety transfer request for the student pursuant to Education Code 46600, the Superintendent or designee shall allow the transfer in accordance with law and District policy on intradistrict transfers. (Board Policy 5116.1) Intradistrict transfer requests submitted by a student found to be a victim of an act of bullying shall be permitted according to the District policy on interdistrict transfers. (Board Policy 5117). 

Prohibited Retaliation

The District also prohibits any form of harassment, threats, intimidation, or retaliation against any individual who reports or participates in the reporting or investigating of bullying or harassment.  Retaliation is an act of discrimination, coercion, intimidation or threat against a person for the purpose of interfering with the exercise of a protected right, such as making a complaint, testifying, assisting, or participating in an investigation in any matter. Retaliation complaints shall be investigated and resolved in the same manner as a bullying or discrimination complaint.

Data Collection and Reporting

Principals are responsible for ensuring the documentation of all bullying and harassment complaints (including all informal/verbal and formal/written complaints)

View the Bullying and Harassment Policy on SFUSD’s Website. Available in eleven languages. 

UPDATED BULLYING AND HARASSMENT ADMINISTRATIVE REGULATION 

(AR 5131.2)

This Administrative Regulation applies to the San Francisco Unified School District and the County Office of Education.

The Governing Board is committed to providing a safe and supportive learning environment that protects students from discrimination, harassment, and bullying. This regulation is meant to advise school site staff and administration on the handling of school site complaints regarding bullying and student conflict.

Definitions

1. Protected Class: 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, immigration status, ethnicity, ethnic group identification, age, religion, marital status, pregnancy, parental status, reproductive health decision making, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, veteran or military status, or genetic information or association with a person or group with one or more of these actual or perceived characteristics.
2. Bullying (Education Code 48900(r)): Bullying is an aggressive behavior that involves a real or perceived imbalance of power between individuals with the intent to cause emotional or physical harm. Bullying can be physical, verbal, or social/relational and may involve a single severe act or repetition or potential repetition of a deliberate act. For the conduct to meet the definition of bullying for the purpose of this offense, it must be “any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of any electronic act, and including one or more acts committed by a student or group of students, inclusive of acts described in Education Code sections 48900.2, 48900.3, or 48900.4, directed toward one or more students that has or can cause a reasonable student to experience one or more of the following:
   1. Fear of harm to themselves or property,
   2. Substantial detrimental effect on the student’s physical or mental health,
   3. Substantial interference with the student’s academic performance,
   4. Substantial interference with the student’s ability to fully participate in or benefit from the services, activities, or privileges provided by a school.
3. Hazing (Education Code 48900(q)): A method of initiation or pre-initiation into an organization or group which is likely to cause serious bodily injury, personal degradation or disgrace resulting in physical or mental harm to a student.
4. Cyber Bullying: Includes, but is not limited to, transmission of communications or posting of harassing messages, direct threats, or other harmful texts, sounds, or images on the Internet, social networking sites, or other digital technologies using a cell phone or, 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.  Cyber sexual harassment/bullying includes sharing of naked body parts or sexually suggestive pictures of another student through text message, social media, or other electronic means, which then creates a hostile school environment.  This would be deemed cyber sexual bullying/harassment.
5. Student Conflicts: Not all incidents and student conflict amount to “bullying” or harassment". Incidents that do not amount to bullying or harassment include, but are not limited to: disagreements or conflict between students, incidental injuries, a single incident, mutual combat between students, and if a particular student comes into contact/injures/upsets another student without that other student being the intended target.
6. Harassment: Unwelcome conduct that is based on race, color, religion, sex, national origin, age, disability, or genetic information. Prohibited harassment also includes intentionally engaging in harassment, threats, or intimidation, directed against school district personnel or students, that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of either school personnel or student by creating an intimidating or hostile educational environment.
7. Reporting Party: A student who reports that they or another student are the victim or target of conduct that would constitute bullying or harassment.
8. Targeted Party: A student who has been the victim or target of conduct that would constitute bullying or harassment. Can be, but is not always, the reporting party.
9. Responding Party: A student who has been reported to have performed conduct that could constitute bullying or harassment

Examples of Bullying

The following are examples that alone or in combination, would meet the definition of Bullying if they are found to be “severe” or “pervasive”:

1. Physical bullying: An act that inflicts harm upon a person's body or possessions, such as hitting, kicking, pinching, spitting, tripping, pushing, taking or breaking someone's possessions.
2. Verbal bullying: An act that includes saying or writing hurtful things, such as teasing, name-calling, inappropriate sexual comments, taunting, or threats to cause harm.
3. Social or relationship bullying: An act that harms a person's reputation or relationships, such as leaving a person out of an activity on purpose, influencing others not to be friends with someone, spreading rumors, or embarrassing someone in public.
4. Cyberbullying: An act that occurs on electronic devices such as computers, tablets, or cell phones, such as sending demeaning or hateful text messages, direct messages or public posts on social media apps, gaming forums, or emails, spreading rumors by email or by posting on social networking sites, shaming or humiliating by allowing others to view, participate in, or share disparaging or harmful content, or posting or sharing embarrassing photos, videos, website, or fake profiles
5. Cyber sexual bullying/harassment: A specific type cyberbullying which includes the unwanted sharing of images or content of another student that is sexual in nature to others  through text message, social media, or other electronic means
6. Hazing: Acts forced upon students by other students upon initiation to join a student club or team which are physically dangerous or humiliating, including but not limited to, requiring a student to eat or drink disgusting food/material, endure physical abuse, or perform humiliating conduct.

Reporting and Filing School Site Bullying and Harassment Complaints

Any student, guardian, or other individual who believes that a student has been subjected to bullying or harassment or who has witnessed bullying or harassment should report the incident to a teacher, the principal, a compliance officer, or any other school employee. Within one business day of receiving such a report, a staff member shall notify the principal of the report, whether or not a uniform complaint is filed. In addition, any school employee who observes an incident of bullying or harassment involving a student shall, within one business day, report their observation to the principal, whether or not the alleged target files a complaint. The student who is the alleged target of the bullying shall be given an opportunity to describe the incident, identify witnesses who may have relevant information, and provide other evidence of bullying.

Within two business days of receiving a report of bullying and harassment on the basis of belonging to or being perceived as belonging to a protected class as described in AR 5131.2, the principal shall notify the District compliance officer identified in AR 1312.3, Uniform Complaint Procedures.

In addition, when a report of bullying or harassment is submitted, the principal of a District compliance officer shall inform the student or guardian of the right to file a formal written complaint in accordance with AR 1312.3.

When the circumstances involve cyberbullying, individuals with information about the activity shall be encouraged to save and print any electronic or digital messages that they feel constitute cyberbullying and to notify a teacher, the principal, or other employee so that the matter may be investigated. When a student uses a social networking site or service to bully or harass another student, the Superintendent or designee may file a request with the networking site or service to suspend the privileges of the students and to have the material removed. 

School Site Bullying and Harassment Investigations

Safe campuses require a multi-faceted approach with clear and consistent behavior expectations as well as strategies to prevent, respond to, and recover from incidents of bullying, hazing and harassment. The school principal participates in and directs all school staff to create an environment where the school community upholds the standards of respect and civility and understands that bullying and hazing are inappropriate, harmful and unacceptable. Towards this goal, schools shall:

1. Set school-wide expectations that align with the District’s Safe and Supportive Schools Resolution that promote safe, respectful, and bully-free school environment. These expectations shall be shared with all students, families, and staff.
2. Each school site should have a mechanism for investigating reported complaints of bullying and harassment. The school’s reporting and investigation process must be communicated to all students, families, and staff. School site administrators should make best efforts to complete their investigations within two (2) weeks This timeline can be extended for good cause so long as any investigation delays are communicated to the families of the involved students.
3. When an incident of bullying or harassment is reported to, or witnessed by, a school site staff, that staff must inform an administrator. That administrator will identify the appropriate trained staff member to investigate and follow up. A staff member who receives a report of bullying, harassment, and/or intimidation, shall, within one school day or as soon as possible thereafter, report this to the site principal/administrator or designee. School site staff must be informed of this requirement.
4. After a report or complaint is made, the responsible site principal/administrator or designee shall determine whether supportive measures are necessary to stop, prevent or address the effects of bullying, harassment, and/or intimidation, including retaliation, harassment or bullying during and pending any informal resolution and/or investigation, such as placing students in separate classes or transferring a student to a class taught by a different teacher. Supportive measures will be implemented in a manner that minimizes the burden on the individual who was the target of bullying and/or intimidation.
5. The administrator must determine who the appropriately trained staff member is to investigate. That investigator must speak to the reporting student and gather a statement. If possible, the statement should be in writing and signed by the reporting student. Once the administrator speaks to the student and learns of an incident of alleged bullying, they should notify the student’s parent of the report and that the administrator is investigating.
6. The investigator should be sure to follow up on all information learned during the investigation. This includes speaking to witnesses and reviewing documentation.
7. The investigator should always be sure to interview the accused student and get a statement. If possible, the statement should be in writing. Once the administrator speaks to the accused student and gathers information, they should notify the student’s parent/guardian of the report and that the administrator is investigating.
8. Once the investigation is concluded, ideally within two (2) weeks, the administrator should determine if the conflict can be resolved through restorative practices (RP). If RP is appropriate, the administrator should ensure that the person conducting the conference is trained in RP, that all parties consent, and that it is done through the appropriate methods.

Hate crimes (vandalism, physical assault, arson, etc.) are crimes which are motivated, in whole or in part, by bias, by the targeted individual or group’s characteristics or perceived characteristics of disability, gender, gender identity or expression, nationality, race or ethnicity, religion, sexual orientation, religious beliefs or association with a person or group who has one of these characteristics.  “Hate crimes” should be reported to law enforcement.

If the investigation concludes that the bullying incident is a unique and special circumstance that is not common to other students and involves a continuing and credible threat to the physical or psychological or emotional stability of the student identified as the victim, the school site should review whether suspension or expulsion is appropriate and also consider whether additional supportive measures are necessary . If a student is found to be the victim of bullying and the family requests information about the safety transfer process, the administrator shall provide that information to the student and family, as required by CA Education Code and District Policy

Supportive Measures

Supportive measures are non-disciplinary, non-punitive individualized services offered to the reporting or responding party of a bullying or harassment investigation. Supportive measures may include, for example, wellness check-ins, extensions of deadlines or other course related adjustments, or placing the individuals involved in separate classes or transferring a student to a class taught by a different teacher, in accordance with law and Board policy. Upon receiving a report of bullying or harassment, the school site administrator, or designee, should promptly contact the students and families to discuss the availability of supportive measures. 

The Superintendent, principal, or designee may refer a victim, witness, perpetrator, or other student affected by an act of bullying to a school counselor, school psychologist, social worker, child welfare attendance personnel, school nurse, or other school support service personnel for case management, counseling, and/or participation in a restorative justice program as appropriate.  (Education Code 48900.9)

If any student involved in bullying exhibits warning signs of suicidal thought or intention or of intent to harm another person, the Superintendent or designee shall, as appropriate, implement district intervention protocols which may include, but are not limited to, referral to district or community mental health services, other health professionals, and/or law enforcement, in accordance with Board Policy and Administrative Regulation 5141.52 - Suicide Prevention.

Filing, Investigation and Resolution of Uniform Complaints Related to Bullying

School site staff should notify families of their right to file a Uniform Complaint if they are unsatisfied with the school site’s resolution of a bullying complaint. If a Uniform Complaint form alleging bullying or harassment on the basis of belonging to a protected class is submitted to the school site, it shall be forwarded to the Office of Equity for proper handling.  The compliance officer shall contact the complainant and investigate and resolve the complaint in accordance with law and district procedures specified in AR 1312.3. 

Confidentiality

When applicable, the District shall ensure immigration status information is safeguarded. All complaints and allegations of sexual harassment shall be kept confidential except as necessary to carry out the investigation or take other subsequent necessary action. (5 CCR 4964)

However, when a student notifies the District of the harassment but requests confidentiality, the administrator shall inform them that the request may limit the District's ability to investigate the harassment or take other necessary action. When honoring a request for confidentiality, the District will nevertheless take all reasonable steps to investigate and respond to the complaint consistent with the request. In certain circumstances, the District may not be able to honor the request of confidentiality in order to meet its legal requirements.

Student Conflict

All school sites promote positive and supportive peer relationships. The district’s Safe and Supportive Schools policy by using:

• Positive Behavior Interventions and Support (PBIS) to build safe, consistent, and predictable classrooms and schools;
• Restorative Practices to intentionally and proactively build positive community relationships among students, staff, and families;
• Trauma-informed practices to heal and support students impacted by trauma;
• Data systems to record, monitor, assess, and inform continuous improvement in these areas.

Parent/Guardian Notification/Involvement & Restorative Practices

Once an incident of bullying or harassment is reported by the student, school site staff should notify the student’s parent/guardian of the report and that the administrator is investigating. Parent/guardian notification does not need to occur prior to speaking the student(s).

In addition, parents, guardians, advocates or other third parties may submit lawfully obtained evidence on behalf of their child, but may not otherwise participate in the investigative process  or be present during the meeting of a child that is not their own, even if staff are present.

If RP is appropriate, the administrator should ensure that the person conducting the conference is trained in RP, that all parties consent, and that it is done through the appropriate methods. If a RP conference is not appropriate, administrators should seek to restore the relationship through other means. RP is not appropriate in cases of alleged sexual assault/battery and should be carefully considered before doing in cases of verbal, physical, or cyber sexual harassment.

When the accused student has received consequences for an incident of racist bullying, harassment, or intimidation, the principal or designee should offer the accused student a culturally sensitive restorative justice program that promotes racial justice and equity and combats racism and ignorance. Where the targeted student agrees to participate in the restorative program, the principal or designee must regularly check on the targeted student to ensure the targeted student is not in danger of suffering from any long-lasting mental health issues.

Bullying of Protected Class

Every student has the right to be protected from bullying based on a protected class or by the rationale of being "hate-motivated" behavior.  Bullying of a protected class include behavior done to degrade an individual on the basis of 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, or genetic information or association with a person or group with one or more of these actual or perceived characteristics.

Bullying based on a protected class will be investigated and resolved pursuant to this policy, in addition to Administrative Regulation 5145.9 (“Hate- Motivated Behavior”).

Interventions and School-Based Supports

Administrators should refer to the district’s Primary Matrix, as found in the Student and Family Handbook, for interventions, social emotional supports, behavioral RTI and restorative practices. Interventions in the matrix must be considered and exhausted prior to suspension, unless the incident is so severe or the safety of a particular student or the school environment is at risk. If suspension is considered, the administrator must consult with the Assistant Superintendent who supervises that school site.

Documentation

Documentation of interventions are important for bullying incidents in order to support positive behavior, continue support for the student(s) throughout their school career, and safe school environments.  Appropriate documentation will support requests for additional supports and services and, when appropriate referral for suspension or expulsion and school transfer requests.

Information and Resources

The Superintendent or designee shall post on the District's website, in a prominent location and in a manner that is easily accessible to students and guardians, information on bullying and harassment prevention which includes the following: (Education Code 234.6)

1. The District's policy on student suicide prevention, including a reference to the policy's age appropriateness for students in grades K-6
    
2. The definition of sex discrimination and harassment as described in Education Code 230, including the rights set forth in Education Code 221.8
    
3. Title IX information included on the District's website pursuant to Education Code 221.61, and a link to the Title IX information included on CDE's web site pursuant to Education Code 221.6
    
4. District policies on student sexual harassment, prevention and response to hate violence, discrimination, harassment, intimidation, bullying, and cyberbullying
    
5. A section on social media bullying that included all of the references described in Education Code 234.6 as possible forums for social media
    
6. A link to statewide resources, including community-based organizations, compiled by CDE pursuant to Education Code 234.5
    
7. Any additional information the Superintendent or designee deems important for preventing bullying and harassment

View the Bullying and Harassment Administrative Regulation on SFUSD’s Website. Available in eleven languages. 

SEXUAL HARASSMENT POLICY (BP 5145.7) (NO UPDATES)

This Board Policy applies to the San Francisco Unified School District and the County Office of Education. 

The Governing Board is committed to maintaining a safe school environment that is free from harassment and discrimination. The Board prohibits, at school or at school-sponsored or school-related activities, sexual harassment targeted at any student by anyone. The Board also prohibits retaliatory behavior or action against any person who reports, files a complaint or testifies about, or otherwise supports a Complainant in alleging sexual harassment. 

Sexual harassment is a form of sex discrimination under Title IX of the Education Amendments of the Civil Rights Act of 1972 and is prohibited by both federal and state laws. The United States Department of Education, Office for Civil Rights has defined sexual harassment as "unwelcome conduct of a sexual nature determined by a reasonable person to be so severe, pervasive, and objectively offensive, that it effectively denies a person equal access to the District's education program and activity. Sexual harassment also includes conduct where a student access to District aid, benefit, or services are conditioned on the students participation in unwelcome sexual conduct, or incidents of sexual assault, dating violence, domestic violence, and stalking." 

The District strongly encourages students who feel that they are being or have been sexually harassed on school grounds or at school-sponsored or school-related activities by another student or an adult to immediately contact a school site administrator or the District Title IX Coordinator. Any school employee who receives a report from a student or caregiver shall immediately notify the school and District Title IX Coordinator.

Once notified, the Title IX Coordinator shall ensure the complaint is addressed through the procedures outlined in Administrative Regulation 5145.71. 

Sexual Harassment that does not rise to the level defined under Title IX and this policy, shall be investigated under the District's Bullying & Harassment Board Policy and Administrative Regulation.  

Instruction/Information 

The Superintendent or designee shall ensure that all District students receive age-appropriate information on sexual harassment. Such instruction and information shall include: 

1. What acts and behavior constitute sexual harassment, including the fact that sexual harassment could occur between people of the same sex and could involve sexual violence; 
2. A clear message that students do not have to endure sexual harassment under any circumstance; 
3. Encouragement to report observed incidents of sexual harassment even where the alleged victim of the harassment has not complained; 
4. A clear message that student safety is the District's primary concern, and that any separate rule violation involving an alleged victim or any other person reporting a sexual harassment incident will be addressed separately and will not affect the manner in which the sexual harassment complaint will be received, investigated or resolved; 
5. A clear message that, regardless of a Complainant's noncompliance with the writing, timeline, or other formal filing requirements, every sexual harassment allegation that involves a student shall be investigated and action shall be taken to respond to that harassment, prevent recurrence, and address any continuing effect on students 
6. Information about the District's procedure for investigating complaints and the person(s) to whom a report of sexual harassment should be made; 
7. Information about the rights of students and parents/guardians to file a civil or criminal complaint, as applicable. 
8. A clear message that, as needed, the District will implement supportive measures to ensure any student who is a Complainant or victim of sexual harassment or a witness to any acts of sexual harassment retains access to the full services and benefits of their educational program. 

Response to Report of Sexual Harassment 

In the initial contact by the Principal or designee to the Complainant, the Principal or designee will: 

(i) inform the Complainant of the availability of supportive measures;

(ii) consider the Complainant's wishes with respect to supportive measures; 

(iii) inform the Complainant of the availability of supportive measures with or without the filing of a formal complaint; and (iv) explain to the Complainant the process for filing a formal complaint. 

Principals and/or Title IX Site Officers are responsible for notifying students and parents/guardians that formal complaints of sexual harassment can be filed under this Board Policy and AR 5145.7 and where to obtain a copy of the procedures. 

All formal complaints will be reviewed by a district compliance officer to determine if the conduct is within the district's jurisdiction and that it reaches the legal definition of sexual harassment. Complaints that meet this criteria shall be investigated and resolved in accordance with law and District procedures specified within this Board Policy and in Administrative Regulation 5145.7. 

The Superintendent or designee shall take appropriate actions to reinforce the District's sexual harassment policy. 

Filing a Formal Title IX Complaint 

If an individual has been a victim of sexual harassment, they may file a written, formal complaint. A written formal complaint shall be signed by either physical or digital signature and shall be presented to the District Title IX Coordinator, who shall maintain a log of complaints received. For purposes of the formal complaint, the individual who is alleged to be the victim of the conduct that could constitute sexual harassment will be referred to as the "Complainant" and the individual who has been reported to be the perpetrator of the conduct will be referred to as the "Respondent". The filing of a signed formal complaint will trigger the formal grievance investigation and procedures outlined below. 

A formal complaint may be filed in person, by mail, or by email with the District Title IX Coordinator. The complaint may also be submitted to your school site administrator or Title IX Coordinator. Any administrator who receives a formal complaint is required to promptly provide the complaint to the District Title IX Coordinator. The Title IX Coordinator can be contacted at: 

Office of Equity/Title IX Coordinator 

555 Franklin Street, 3rd Floor 

Telephone: (415) 355-7334 

Fax: (415) 355-7333 

Email: equity@sfusd.edu 

All complaints shall be filed in accordance with the following: 

1. The allegations in the report, if validated through the preponderance of relevant and available evidence, constitutes sexual harassment under federal Title IX regulations and Board Policy; and 
2. At the time of filing, the Complainant must be participating in or attempting to participate in an education program or activity provided by the District; and
3. The alleged sexual harassment occurred within the District's jurisdiction as defined by federal Title IX policy, which specifies that the incident must have occurred on school grounds and/or within the District's education programs or activities; and 
4. The formal complaint must be made in writing and include the Complainant's (or their legal guardian's) physical or digital signature, or otherwise indicate that the Complainant is the person filing the formal complaint. 

In order to provide meaningful due process to all parties, when a Complainant decides to initiate a formal Title IX complaint, the Complainant may not remain anonymous from the Respondent. The Complainant and the Respondent will receive written notice upon the filing of a formal complaint. 

The Title IX Coordinator may also sign a formal Title IX complaint when all other circumstances and jurisdictional requirements are met, including consideration of the best interests of the Complaint and the Complainant's wishes regarding how the District responds to the report. 

If a Complainant is unable to put a complaint in writing due to conditions such as a disability or illiteracy, District staff shall assist in filing the complaint. 

Formal Grievance Procedure  

Upon receipt of any formal complaint that meets the federal criteria for a Title IX violation, the District will conduct an investigation into the allegations and render a determination with regard to those allegations in compliance with this Board Policy and with the procedures detailed in AR 5147.7. If a complaint is determined not to meet the required criteria, it will be investigated under the District's Bullying & Harassment Board Policy and Administrative Regulations by a school administrator or designee. 

An investigator will be assigned the task of gathering evidence related to the allegations. The investigation may include interviewing the parties or witnesses, as well as reviewing relevant evidence. All parties will have equal opportunity to present witnesses and any evidence related to the allegations. Ten business days prior to the conclusion of the investigation, the Complainant and Respondent will be provided a copy of the investigative report and the opportunity to provide a written response to the Investigator. The Investigator will create an investigative report that fairly summarizes the relevant evidence. This will be shared with the Complainant and their family in a written investigative report. 

After the parties receive the investigative report, the parties will have ten (10) business days to submit to the Decision-Maker written, relevant questions that a party wants asked of any party or witness. The Decision-Maker will determine the relevancy of the questions and allow limited follow-up questions and responses from each party. The report and parties' response will be submitted to the Decision-Maker for deliberation. 

The Decision-Maker will conduct an evaluation of all relevant evidence and will issue a written determination regarding responsibility to both parties. 

A party may appeal the final determination or dismissal of a complaint within 5 (five) business days of the issuance of the written determination on the following bases: 

1. A procedural irregularity occurred that affected the outcome of the matter (ie: the procedure described in this policy was not properly followed);
2. There is new evidence, that was not reasonably available at the time the determination was made, that would affect the outcome of the matter; or 
3. The Title IX 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 District will provide a response to any appeal within thirty (30) business days. 

Dismissal of a Formal Complaint  

If the conduct alleged in the formal complaint would not constitute sexual harassment as defined above, did not occur within the District's jurisdiction (ie: in a District education program or activity), or did not occur against a person in the United States, or occurred before August 14, 2020 then the formal complaint must be dismissed. The dismissal of a formal complaint does not preclude action under another provision of District policy. The formal complaint may also be dismissed if a Complainant submits, in writing, their request to withdraw the complaint, if the Respondent is no longer enrolled or employed by the District, or if circumstances prevent the District from gathering evidence sufficient to reach a determination. 

Prompt written notice of the dismissal will be sent to the parties should the complaint be dismissed. If the alleged conduct falls under a different District policy, the Office of Equity will refer the complaint to the school site administrator for further follow up and/or investigation. 

Informal Resolution 

At anytime after a formal complaint has been filed, but prior to reaching a determination, the parties may agree to participate in an informal resolution process (such as a mediation or restorative action) that does not involve a full investigation and adjunction process. The District cannot require that parties participate in the informal resolution process. Prior to reaching a resolution, either party may withdraw from the informal resolution process and resume the formal complaint process. If the complaint is determined not to meet the criteria for a Title IX violation, all involved parties may agree to participate in an informal resolution process rather than proceeding to seek formal investigation and resolution through another Board Policy. 

This process is not available where the complaint alleges that an employee sexually harassed a student. 

Supportive Measures 

Supportive measures are non-disciplinary, non-punitive individualized services offered to the complainant and the respondent. Supportive measures may include, for example, individualized safety and support plans, wellness check-in's, extensions of deadlines or other course related accommodations , or schedule changes, in accordance with law and Board policy. A formal complaint need not be filed to receive supportive measures. Upon receiving a report of sexual harassment, the District Title IX Coordinator or designee must promptly contact the parties to discuss the availability of supportive measures. The District Title IX Coordinator and Title IX Site Officers are responsible for coordinating the effective implementation of supportive measures. No supportive measures that prevent either the Complainant or Respondent from fully benefiting from the educational program or services will be put in place. No Respondent will be prevented from participating in any school based program or event without due process.

In the case that an outcome is reached and students will continue to share a learning environment, mediation and/or restorative actions can be considered, depending on the circumstances. The District cannot require either party to participate in a mediation or restorative action.  

Disciplinary Actions 

Any student who engages in sexual harassment or sexual violence at school or at a school-sponsored or school-related activity is in violation of this policy and shall be subject to disciplinary action and/or interventions in accordance with board policies. California Education Code also permits discipline for unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature made by someone from or in the educational setting. For students in grades 4-12, disciplinary action may include suspension and/or expulsion, provided that, in imposing such discipline, the entire circumstances of the incident(s) shall be taken into account. 

Any staff member found to have engaged in sexual harassment or sexual violence toward any student shall be subject to discipline up to and including dismissal in accordance with applicable policies, laws, and/or collective bargaining agreements. 

Individuals experiencing harassment or discrimination also always have the right to file a civil complaint or a formal grievance with the Office for Civil Rights: 

Office for Civil Rights (OCR) 

U.S. Department of Education 

50 Beale Street, Suite 7200 

San Francisco, CA 94105-1813 

Telephone: (415) 486-5555 

Facsimile: (415) 486-5570 

Email: OCR@ed.gov 

Web: http://www.ed.gov/ocr 

View the Sexual Harassment Board Policy on SFUSD’s Website. Available in eleven languages.

UPDATED SEXUAL HARASSMENT ADMINISTRATIVE REGULATION (AR 5145.7)

This Administrative Regulation applies to the San Francisco Unified School District and the County Office of Education.

The complaint procedures described in this administrative regulation shall be used to address any complaint governed by Title IX of the Education Amendments of 1972 alleging that a student, while in an education program or activity in which a district school exercises substantial control over the context and Respondent, was subjected to one or more of the following forms of sexual harassment: 

1. A District employee conditioning the provision of an aid, benefit, or service of the District on a student or individual'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 person equal access to the District's education program or activity; or
3. "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. 1229(a)(8), or "stalking" as defined in 34 U.S.C. 12291(a)(30).
    

Applicability of Other District Policies

Incidents that do not rise to the level of sexual harassment as defined by Title IX and in this policy may violate other District polices and will be addressed accordingly. Conduct that does not meet the criteria outlined in Title IX but that may still cause a substantial interference with a student's health, academic performance, or ability to participate in school services will be investigated by the school site in an accordance with the District's Bullying & Harassment policy (BP 5131.2/AR 5131.2) 

Definitions

Formal Title IX Complaint: A document filed by a complainant alleging sexual harassment against a respondent and requesting that the District investigate the allegation of sexual harassment. The Title IX Coordinator may also file a formal complaint 

Sexual Harassment:

The Title IX regulations define sexual harassment as conduct on the basis of sex that satisfies one of more of the following:

1. An employee of the District conditioning the provision of an aid, benefit, or service of the recipient on an individual's participation in unwelcome sexual conduct;
2. Unwelcome conduct of a sexual nature determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient's education program or activity; or
3. "Sexual Assault" as defined in 20 U.S.C. 1092(f)(6)(A)(v), "dating violence" as defined in 34 U.S.C. 1229(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).
4. Sexual Harassment that does not fit into the definition of sexual harassment under Title IX, will be investigated under the appropriate board policy. 

Sexual Assault: A sexual act directed against another person done without the consent of the victim, including instances where the victim is incapable of giving consent. Sexual assault includes the following conduct:

1. Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without consent of the victim.
2. Fondling: The touching of private body parts of another person for the purpose of sexual gratification, without consent of the victim.
3. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law
4. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent. 

Dating Violence: Violence committed by a person who is or has been in a relationship of a romantic or intimate nature with the victim.

Domestic Violence: A crime of violence committed by a person who is:

1. A current or former spouse or intimate partner of the victim;
2. A person with whom the victim shares a child in common;
3. A person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
4. A person similarly situated to a spouse of the victim under the domestic or family violence laws where the violence occurred; or
5. By any other person against an adult or youth victim who is protected from the person's acts under the domestic or family violence laws where the violence occurred. 

Stalking: Engaging in a course of conduct directed at a specific person that would cause a response person to fear for their safety/the safety of others, or suffer substantial emotional distress 

Consent: The agreement by both parties to engage in sexual conduct or activity. Consent is informed, knowing, and voluntary and can be communicated through clear words or actions. Consent cannot be obtained through the use of physical force, threats, intimidating behavior, or coercion. Consent cannot be given by someone who is known, or should have been known to be, mentally, or physically incapacitated. 

Education Program or Activity: District jurisdiction in Title IX matters includes locations, events, or circumstances in which the District has exercised substantial control over both the respondent and the context in which the sexual harassment occurred. Some, but not all activities, that are not within the scope of the District's Education Program or Activity are: student or family-hosted events; transportation to/from school not on school-provided transit; and incidents that occur before or after school while off campus

Supportive Measures: Non-disciplinary, non-punitive individualized services offered to the Complainant and/or the Respondent in order to preserve or restore equal access to the educational program or services. Supportive measures must be offered as appropriate and reasonably available to both parties. Supportive measures must be offered as appropriate and reasonably available to both parties. Supportive measures cannot unreasonably benefit or punish another student.  All supportive measures will remain confidential to the extent that doing so will not impair the District’s ability to implement supports.
  

Informal Resolution: Voluntary processes, such as mediation or restorative actions, that may present a way of resolving sexual harassment allegations outside the formal complaint process. Informal resolution may be offered only after a formal complaint has been filed and the parties understand what the grievance process entails and can decide whether to voluntarily attempt informal resolution as an alternative.

Roles

District Title IX Coordinator: The District designates the Title IX Coordinator as the responsible employee to coordinate its efforts to comply with Title IX of the Education Amendments of 1972 and California Education Code 234.1, as well as to coordinate the investigation and resolution of sexual harassment complaints outlined in this policy and in BP 5145.7. The Title IX Coordinator may be contacted at:

Eva Kellogg

Office of Equity/Title IX Coordinator

555 Franklin Street, 3rd Floor

Telephone: (415) 355-7334

Email: Equity@sfusd.edu 

Complainant: An individual who is alleged to be the victim of conduct that could constitute sexual harassment, as defined by Title IX and this policy . 

Respondent: An individual who has been reported to have performed conduct that could constitute sexual harassment, as defined by Title IX and this policy. 

Intake Assessor: The individual responsible for receiving the initial complaint. The intake assessor may be school site personnel or district staff. During the intake assessment period, this individual shall:

• Inform the Complainant of 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;
• Explain to the Complainant the process for filing a formal complaint and the formal grievance procedures
• Review the formal complaint, if filed, consult with the District Title IX Coordinator to determine the appropriate board policy for investigation and follow up.  

Investigator: The individual responsible for gathering evidence related to the allegations. The investigator will create an investigative report which shall summarize the relevant evidence. The report shall be shared with the Complainant and Respondent and submitted to the Decision-Maker for consideration. 

Decision-Maker: The individual responsible for evaluating all relevant evidence in order to make a determination regarding the formal complaint. The Decision-Maker is responsible for issuing a written determination of findings to the parties. The Decision-Maker cannot by the Title IX Coordinator. 

Title IX Appeal Officer: The individual responsible for evaluating any submitted appeals of the final determination of a formal complaint. The Title IX Appeal Officer may not be the investigator, decision-maker, or Title IX Coordinator.

Any individual designated as a Title IX Coordinator, Investigator, Decision-Maker, or Informal Resolution facilitator shall not have any conflict of interest or bias for or against Complainants or Respondents generally or individually. 

The District will ensure that all persons serving as Title IX Coordinator, Investigator, Decision-Maker, and/or Informal Resolution Facilitator receives training on:

• The definition of sexual harassment
• The scope of the District’s education program or activity
• How to conduct an investigation and complaint process
• How to serve impartially, including avoiding prejudgment of facts, conflicts of interest, and bias
• How to use any technology that will be used throughout grievance proceedings 
• How to address issues of relevance
• How to create an investigative report that fairly summarizes relevant evidence and information

All materials used to train Title IX Coordinators, Investigators, and Decision-Makers, and Informal Resolution Facilitators will not rely upon sex stereotypes and will promote impartial investigations.  

Reporting Sexual Harassment

Any person may report sex discrimination, including sexual harassment, at any time in person, by mail, by telephone or by email using the contact information listed below for the Title IX Coordinator.  Reports may also be filed with any SFUSD school’s administration team.  If a District employee becomes aware of a potential Title IX violation, they are responsible for notifying their school site administrator or District Title IX Coordinator.  Regardless of who has made the report, any person who has been the victim of alleged sexual harassment that meets the criteria under Title IX will promptly be contacted by the Title IX Coordinator or designee and will be informed of their right under Title IX to file a formal complaint and the process to do so. 

Any time sex discrimination and/or sexual harassment is reported to the school’s administration and/or Title IX Site Officer, the school principal or designee will:

• inform the Complainant of the availability of supportive measures with or without filing a formal complaint and consider the Complainant's wishes with respect to supportive measures;
• explain Title IX proceedings and rights to the Complainant; and 
• notify the Complainant of the process for filing a formal complaint, if they choose.

All formal complaints will be reviewed by a district compliance officer to determine if the conduct is within the district’s jurisdiction and that it reaches the legal definition of sexual harassment. Complaints that meet this criteria shall be investigated and resolved in accordance with law and District procedures specified within this Board Policy and in Administrative Regulation AR, 5145.7.   

Filing a Formal Complaint

If an individual has been a victim of sexual harassment or sex-based discrimination or is the parent/guardian of a student who has been a victim of sexual harassment or sex-based discrimination, they may file a written, formal complaint. A written formal complaint shall be signed by either physical or digital signature and shall be presented to the District Title IX Coordinator using the contact information above, who shall maintain a log of complaints received. A formal complaint may be filed in person, by mail, or by email with the District Title IX Coordinator. The complaint may also be submitted to your school site administrator or Title
IX Site Officer. Any administrator who receives a formal complaint is required to promptly provide the complaint to the District Title IX Coordinator. 

The Title IX Coordinator may also sign a formal Title IX complaint when all other circumstances and jurisdictional requirements are met, including consideration of the best interests of the Complaint and the Complainant's wishes regarding how the District responds to the report. 

If a Complainant is unable to put a complaint in writing due to conditions such as a disability or illiteracy, District staff shall assist in filing the complaint.

Upon receipt of the formal complaint, the Title IX Coordinator will evaluate the complaint as filed and gather additional information as needed to determine if it meets the criteria for a Title IX investigation.  The filing of a signed formal complaint will trigger the formal grievance procedures outlined below.

All complaints shall be evaluated in accordance with the following:

1. The allegations in the report, if validated through the preponderance of relevant and available evidence, constitutes sexual harassment under federal Title IX regulations and Board policy; and
2. At the time of filing, the Complainant must be participating in or attempting to participate in an education program or activity provided by the District; and
3. The alleged sexual harassment occurred within the District's jurisdiction as defined by federal Title IX policy, which specifies that the incident must have occurred in the United States and on school grounds and/or within the District’s education programs or activities, and  
4. The formal complaint must be made in writing and include the Complainant's (or their legal guardian's) physical or digital signature, or otherwise indicate that the Complainant is the person filing the formal complaint.

There is no statute of limitations for the filing of Title IX Complaints as long as the Complainant is enrolled or seeking enrollment or employment in the District.

The District may consolidate formal complaints in the even that allegations of sexual harassment are made against one or more Respondent by the same Complainant, or by more than one Complainant against one or more Respondents, where the allegations of sexual harassment arise out of the same facts or circumstances.  

With or without a formal complaint, the District will respond promptly in a manner that is not deliberately indifferent to any reports or actual knowledge of sexual harassment within the educational program against a person in the United States.  The District will treat all Complainants and Respondents equitably by offering supportive measures to all parties, presuming that the Respondent is not responsible for the alleged conduct unless and until a determination regarding responsibility is made at the conclusion of the complaint process, and following a complaint process that complies with 34 CFR 106.45 before the imposition of any disciplinary or punitive actions.

Any complaint that does not meet the criteria for sexual harassment under Title IX or that regards conduct that occurred outside of the District’s educational program or activity will be referred for investigation and follow-up under the appropriate District policy. 

Formal Grievance Procedure

Any complaint that is formally filed with the Office of Equity shall be addressed in the manner described below.  For purposes of the formal complaint, the individual who is alleged to be the victim of sexual harassment will be referred to as the "Complainant" and the individual who has been accused of sexual harassment will be referred to as the "Respondent."  Respondents are considered “not responsible” for the alleged conduct unless and until a determination regarding responsibility is made at the conclusion of the complaint process outlined below. 

Upon receipt of any formal complaint that meets the federal criteria for a Title IX violation, the District will conduct a prompt and equitable investigation into the allegations and render a determination with regard to those allegations in compliance with 34 CFR 106.45, Board Policy 5145.7, and with the procedures detailed in this Administrative Regulation. 

Supportive Measures

When an incident of sexual harassment is reported, the principal/designee or Title IX Coordinator shall take immediate steps necessary to stop the harassment, protect students and/or ensure their access to the education program. The Title IX Coordinator or the principal or designee, shall promptly contact the parties to discuss supportive measures. Supportive measures are nondisciplinary, non-punitive individualized services offered to the Complainant and/or the Respondent. A formal complaint need not be filed to receive supportive measures. 

In consultation with appropriate school personnel and the Party and/or their parent/guardian, the Title IX Coordinator or their designee shall determine whether supportive measures are necessary to restore or preserve access to the educational program. The Title IX Coordinator, in coordination with school site staff, is responsible for ensuring the effective implementation of supportive measures. 

Supportive measures may include but are not limited to:

• Safety plans
• Wellness check-ins
• Extensions of deadlines or other course related accommodations
• Schedule adjustments
• Other appropriate and reasonably available supports

To the extent possible, supportive measures shall not disadvantage the complainant or victim of the alleged harassment nor should they unreasonably burden the Respondent.

The school should notify the Complainant of the options to avoid contact with the Respondent. The school should also ensure that the Complainant is aware of the resources and assistance, such as counseling, that are available to them. As appropriate, supportive measures shall be considered even when a student chooses to not file a formal complaint or when the sexual harassment occurs off school grounds or outside school-sponsored or school-related programs or activities.  Every reasonable effort will be made to keep all supportive measures confidential.  

Notice of Investigation and Allegations

If a formal complaint is filed, the Title IX Coordinator will issue a written Notice of Investigation and Allegations simultaneously to all parties.  

• The District's complaint process, including any informal resolution processes available
• The allegations potentially constituting sexual harassment with sufficient details known at the time, including the identity of the parties involved in the incident if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known. Such notice shall be provided with sufficient time for the parties to prepare a response before any initial interview. If, during the course of the investigation, new Title IX allegations arise, the Title IX Coordinator shall provide written notice of the additional allegations
• A statement that the Respondent is presumed not responsible for the alleged conduct and that determination regarding responsibility is made at the conclusion of the investigation process
• The opportunity for parties to have an advisor of their choice who may be, but is not required to be, an attorney, and the ability to inspect and review evidence
• The prohibition against knowingly making false statements or knowingly submitting false information during the complaint process
• The ability for either party to, at any time, notify the Title IX Coordinator should they have concerns regarding conflict of interest or bias regarding any of the persons involved 

If, in the course of an investigation, the District decides to investigate allegations not included in the original Notice of Investigation and Allegations, the District will provide an amended notice in writing to all parties.  

Investigation

The District, and not any party, maintains the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility.  An investigator will be assigned the task of gathering evidence related to the allegations. The investigation may include interviewing the parties or witnesses, as well as reviewing relevant evidence. All parties will have equal opportunity to present witnesses and any evidence related to the allegations.  

All parties will have the same opportunity to have others present during any complaint proceeding, including the opportunity to be accompanied by their Title IX Advisor. However, the District maintains the right to establish restrictions regarding who may be present at any related proceedings and the extent to which any advisor may participate in proceedings. 

The Investigator shall:

• Provide written notice of all investigative interviews or other meetings to any individual whose participation is invited or expected with sufficient time for the party to prepare to participate. Notice will include the date, time, location, participants, and purpose of the meeting.
• Not restrict any party from discussing the allegations under investigation or from gathering and presenting relevant evidence. 
• Provide the parties with the same opportunities to have a Title IX Advisor present.  The District shall not limit the choice or presence of advisor for either Complainant or Respondent, though the District may establish restrictions regarding the extent to which the advisor may participate that apply equally to both parties.
• Objectively gather all relevant evidence, including both inculpatory and exculpatory evidence, and determine credibility in a manner that is not based on a person's status as Complainant, Respondent, or Witness
• Ensure that the District cannot access, consider, disclose, or otherwise use records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional assisting in treatment to the party unless the District obtains that party’s or their parent’s voluntary, written consent to do so for the complaint process.   

The Investigator will summarize all relevant evidence and information in a written investigative report that shall include any evidence that is directly related to the allegations raised in the formal complaint, including evidence the District does not intend to rely upon when reaching a determination of responsibility.  The draft investigation report will be simultaneously provided to both parties and their advisors at least ten (10) days prior to the conclusion of the investigation.  Both parties and their advisors will have an equal opportunity to inspect and review the draft investigation report and submit a written response prior to the finalization of the investigation report and its referral to the Decision-Maker.  The Investigator will review any written response to the draft investigation report and incorporate the information and evidence therein as appropriate.  

 Determination

After the parties and the Decision-Maker receive the investigative report, the parties will have ten (10) business days to submit to the Decision-Maker written, relevant questions that a party wants asked of any party or witness. The Decision-Maker will determine the relevancy of the questions and allow limited follow-up questions and responses from each party. The report and the parties' responses will be submitted to the Decision-Maker to evaluate as appropriate. 

The Decision-Maker will carefully review all relevant evidence, including both inculpatory and exculpatory evidence, and provide that credibility determinations are not based on a person’s status as Complainant, Respondent, or witness. Using the preponderance of evidence standard, the Decision-Maker will arrive at a determination as to whether there is enough evidence to state that it is more likely than not that the sex discrimination or sexual harassment occurred as alleged. 

The Decision-Maker will simultaneously issue to both parties a written determination that includes: the allegations that potentially constitute sexual harassment under Title IX; a description of the procedural steps taken from the receipt of the complaint through the determination; findings of fact supporting the determination; conclusions regarding the application of the District’s code of conduct to the facts; a statement of and rationale for the result of each allegation, including a determination of responsibility; any remedies that will be provided to restore or preserve equal access; and, in the event that a Respondent is found responsible for violating this Board Policy, appropriate disciplinary action. The written determination will also include information about the District’s procedures and bases for appeal.

The Decision-Maker cannot be the same person as the Title IX Coordinator or the Investigator.

The determination regarding responsibility becomes final either on the date the District provides the parties with the written determination or, if an appeal is filed, on the date the District provides parties with the written determination of the appeal. 

The Title IX Coordinator shall be responsible for coordinating an effective implementation of any remedies outlined by the Decision-Maker. 

Appeals

A party may appeal the final determination or dismissal of a complaint within five (5) business days of the issuance of the written determination on the following bases:

1. A procedural irregularity occurred that affected the outcome of the matter (ie: the procedure described in this policy was not properly followed);
2. There is new evidence, that was not reasonably available at the time the determination was made, that would affect the outcome of the matter; or
3. The Title IX Coordinator, Investigator(s), or Decision-Maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or against the individual
   Complainant or Respondent that affected the outcome of the matter.

Upon receipt of an appeal, the District will:

• Notify any other parties in writing and ensure appeal procedures are implemented equally for all parties,
• Ensure that the Decision-Maker for the appeal is not the same person as the Decision-Maker who reached the initial determination, the Investigator, or the Title IX Coordinator,
• Ensure that the Decision-Maker does not have a conflict of interest or bias for or against Complainants or Respondents individually or in general, and
• Provide all parties with a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome.

The Title IX Appeal Officer will provide a written decision describing the result of the appeal and the rationale for that result simultaneously to both parties within 30 days of receipt of the initial appeal. 

The District's decision may be further appealed to the California Department of Education within thirty (30) days of the written decision. Either party has the right to file a complaint with the U.S. Department of Education's Office of Civil Rights within one hundred eighty (180) days of the date of the most recently alleged misconduct. 

Timeframes

The formal grievance procedure shall be completed within a reasonably prompt timeframe after the submission of a formal complaint. Every effort will be made to complete all procedures, including for filing and resolving appeals and for any informal resolution process, within ninety (90) business days, however this timeframe may extend beyond 90 days for good cause. Good cause may include, but are not limited to, the following considerations: school being out of session; absence of a party or witnesses; delay in scheduling interviews; delays necessary for the adequate translation of any written materials; and/or concurrent law enforcement or other agency activity. In the event of a temporary delay, any Complainant or Respondent will be notified in writing of the extension and the reasons for the action.  Any party may request an informal status report in writing to the Title IX Coordinator at any time throughout the investigation. 

Dismissal of a Formal Complaint

The District must investigate the allegations in any formal complaint of sex discrimination or sexual harassment that is submitted to the Office of Equity unless:

• the conduct alleged in the formal complaint would not constitute sexual harassment as defined in this policy
• the conduct did not occur in direct relationship to a District education program or activity, or did not occur against a person in the United States, 
• the complainant and/or respondent is no longer enrolled or seeking enrollment in the District 

If the conduct as alleged in the formal complaint meets one of the criteria above, then the formal complaint must be dismissed.  The formal complaint may also be dismissed if a Complainant submits, in writing, their request to withdraw the complaint; if the Respondent is no longer enrolled or employed by the District; or if circumstances prevent the District from gathering evidence sufficient to reach a determination.

The dismissal of a formal complaint does not preclude action under another provision of District policy. Incidents that do not rise to the level of sexual harassment as defined in this policy must still be investigated by the school site in an accordance with the District's Bullying & Harassment Policies (BP 5131.2/AR 5131.2). Incidents that occurred prior to August 14, 2020 must still be investigated by the school site in accordance with the previous Board Policy and Administrative Regulation 5145.7

Prompt written notice of the dismissal will be sent to the parties should the complaint be dismissed.  If the alleged conduct falls under a different District policy, the Office of Equity will refer the complaint to the school site administrator for further follow up and/or investigation.   

Remedies

Informal Resolution

At any time after a formal complaint has been filed, but prior to reaching a determination, the parties may agree to participate in an informal resolution process (such as a mediation or restorative action) that does not involve a full investigation and adjudication process. The District may not require anyone to waive their right to an investigation as a condition of their enrollment or employment, can the District require parties to participate in an informal resolution process.  The District will only undergo an Informal Resolution if it has obtained all parties’ voluntary, written consent. 

If all involved parties agree to participate in an Informal Resolution, the District shall provide a written notice including: the allegations; the requirements of the informal resolution process; the circumstances that would preclude the parties from resuming a formal complaint; any party’s right to withdraw from the informal resolution process; and any consequences resulting from participating in the informal resolution process, including notice of the records that will be maintained or could be shared. 

Prior to reaching a resolution, either party may withdraw from the informal resolution process and resume the formal complaint process.  If the complaint is determined not to meet the criteria for a Title IX violation, all involved parties may agree to participate in an informal resolution process rather than proceeding to seek formal investigation and resolution through another Board policy.  

As a condition of engaging in Informal Resolution, parties shall agree that statements made, or evidence shared, during the Informal Resolution process will not be considered during any subsequent Formal Grievance Process unless all parties consent.

This process is not available where the complaint alleges that an employee sexually harassed a student.

Emergency Removal

The District may remove a Respondent from the District's programs and activities on an emergency basis whether the grievance process is underway or not.  An emergency removal requires the District to conduct an individualized safety and risk analysis to determine whether the Respondent could pose an immediate threat to the physical health or safety of any student or other individual. An immediate risk may be identified based on the alleged conduct as well as the Respondent's actions and behaviors before or after the incident.

Applicable disability laws must be taken into consideration in the removal decision, and the risk assessment must include a consideration of the appropriateness of supportive measures in lieu of an emergency removal. The Respondent has the right to receive notice of the emergency removal and an opportunity to challenge the decision immediately. 

Corrective/Disciplinary Action

The District shall not impose any disciplinary or punitive sanctions against a Respondent, other than supportive measures, until the complaint procedure as outlined above has been completed and a determination of responsibility has been made.

Any student who engages in sexual harassment or sexual violence at school or at a school-sponsored or school-related activity is in violation of this policy and shall be subject to disciplinary action and/or interventions in accordance with board policies. California Education Code also permits discipline for unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature made by someone from or in the educational setting.  

For students in grades 4-12, discipline for sexual harassment may include suspension and/or expulsion pursuant to California Education Code. If it is determined that a student at any grade level has committed sexual assault or sexual battery at school or a school-sponsored activity, the student shall be recommended for expulsion.  

Other actions that may be taken with a student who is determined to be responsible for sexual harassment include, but are not limited to: 

• Transfer from a class or a school
• Parent/guardian conference
• Education of the student regarding the impact of the conduct on others
• Positive behavior support
• Referral of the student to a Student Success Team (SST)
• Denial of participation in extracurricular or co-curricular activities or privileges
• Suspension from school for up to five (5) days

If an employee is found to have committed sexual harassment, sexual violence, or acts of retaliation in response to a complaint of sex discrimination or sexual harassment, the District shall take appropriate disciplinary action, up to and including dismissal, in accordance with applicable law and collective bargaining agreement. 

Off-campus/Outside of School-Related Conduct

Any prohibited conduct that occurs off campus or outside of school-related or school-sponsored programs or activities cannot be investigated under Title IX Policy.  However, should conduct occurring outside of the District’s education program or activity cause a continuing effect on any student and/or create a hostile school environment for the Complainant or victim of the conduct, the matter shall be referred to the school site for investigation and follow-up under the District's Bullying & Harassment policy. While discipline is not permitted for conduct that did not occur within the District’s educational program or activities, school sites should nonetheless provide appropriate and reasonable supportive measures and other remedies to any student who reports an off-campus incident.  

Mandatory Reporting Requirements

District employees who have reasonable suspicion of child abuse, including sexual abuse, harassment, and assault, shall immediately report that suspicion pursuant to Penal Code 11165.7 and Board Policy 5141.4. A report shall be made regardless of the identity of the accused person, including reports in which the accused person is a District employee, student or third party. 

Record-Keeping

For a period of seven (7) years, the District must maintain records of:

• Each sexual harassment investigation including any determination of responsibility and a record of the remedies and/or disciplinary sanctions imposed
• Any appeal 
• Any informal resolution
• All materials used to train Title IX Coordinators, Investigators, Decision-Makers, and Informal Resolution Facilitators
• Any actions, including supportive measures, taken in response to any report or formal complaint of sexual harassment, including documentation that its response was not deliberately indifferent and that the District took appropriate measures designed to restore or preserve equal access

Record of these actions will enable the District to monitor, address, and prevent repetitive harassing behavior in District schools. In accordance with District policy, upon completion of the investigation, the Director of Equity will destroy all interview notes and recordings. The rest of the case file will be retained in accordance with the District policy for seven (7) years. 

Notice of Sexual Harassment Policies and Procedures

The following information shall be posted publicly on the District website:

1. The name and contact information for the District Title IX Coordinator, including their phone number and email address. 
2. The rights of a pupil and the public and the responsibilities of the District under Title IX, including links to those rights and responsibilities as outlined by the Office for Equal Opportunity and the U.S. Department of Education (ED) Office of Civil Rights (OCR)
3. The District's Sexual Harassment policy, including the definition of discrimination and harassment based on sex as described in Section 230 and the rights set forth in EC 234.6(b)(3). 
4. Links to the CDE’s Title IX information
5. Information about how to file a formal Title IX Complaint, including any information regarding statute of limitations and links to the U.S. ED OCR complaints form, their contact information, and any information they provide about how a Complainant might further pursue the complaint 
6. All materials used to train the Title IX Coordinator, investigators, decision-makers, and any person who facilitates an informal resolution process will be made publicly available on the District's website. 

In addition, a copy of the District's sexual harassment policy and regulation, as well as a notice that the District does not discriminate on the basis of sex within the education program or activity, shall:

1. Be included in the notifications that are sent to parents/guardians at the beginning of each school year  (Education Code 48980; 5 CCR 4917);
2. Be displayed in a prominent location in the main administrative office or other area where notices of District rules, regulations, procedures, and standards of conduct are posted (Education Code 231.5);
3. Be posted on any District-supported social media regarding topics of sex discrimination or sexual harassment 
4. Be provided as part of any orientation program conducted for new students at the beginning of each quarter, semester, or summer session (Education Code 231.5);
5. Appear in any school or District publication that sets forth the school's or District's comprehensive rules, regulations, procedures, and standards of conduct (Education Code 231.5);
6. Be included in the student handbook.
7. Be provided to employees and employee organizations; and
8. Be posted in every student bathroom or locker room on middle school and high school campuses.
9. Be provided to applicants for admission and employment, including a statement that the District’s requirement not to discriminate extends to admission and employment  

Any inquiries about the application of Title IX can be referred to the District’s Title IX Coordinator, to the Office of Civil Rights Assistant Secretary, or both.

View the Sexual Harassment Administrative Regulation on SFUSD’s Website. Available in eleven languages.