Bullying and Harassment Policies

Sexual Harassment Policy

Sexual harassment of or by any student or member of the North County Trade Tech High School (“School”) staff will not be tolerated. The School considers sexual harassment to be a major offense, which may result in disciplinary action, up to and including dismissal, of the offending student or staff member, or other appropriate sanction.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when it interferes with an individual’s performance at school and/or creates an intimidating, hostile or offensive educational environment. The conduct described above is also sexual harassment when submission to it is made either explicitly or implicitly a term or condition of an individual’s access to education.

Sexual harassment regulated by this policy pertains to behavior of a sexual nature while students are under the jurisdiction of the School. 

Students may receive age-appropriate training and/or instruction on the prohibition of sexual harassment at the School. Copies of this policy, implementing administrative regulations containing rules and procedures for reporting charges of sexual harassment and for pursuing available remedies will be available at the School’s administrative office.

Any student who believes that he or she has been harassed or has witnessed sexual harassment is encouraged to immediately report such incident to his or her advisor to the School’s Principal. The Principal will promptly investigate all such incidents in a confidential manner.

Sexual Harassment Procedures

Statement Against Sexual Harassment
No toleration policy - Sexual harassment of or by any faculty, staff or student is illegal and will not be tolerated. The School prohibits sexual harassment, and harassment based on pregnancy, childbirth or related medical conditions, race, religious creed, color, national origin or ancestry, physical or mental disability, medical condition, marital status, age, sexual orientation, or any other basis protected by federal, state or local law or ordinance or regulation.

To whom the policy applies - This policy applies to all persons involved in the operation of the School and prohibits unlawful harassment by faculty, staff, and students.

• Discipline: The School considers sexual harassment to be a major offense and any individuals who violate this policy are subject to discipline up to and including dismissal or other appropriate sanction.
• Prompt and Thorough Investigation: All claims of harassment will be taken seriously and will be investigated promptly and thoroughly.
• Confidentiality: Sexual harassment advisers and others responsible to implement this policy will respect the confidentiality and privacy of individuals reporting or accused of sexual harassment to the extent appropriate.
• No Retaliation: Retaliation against any employee or student who in good faith reports or provides information related to harassment in violation of this policy is against the law and will not be tolerated.  Intentionally providing false information, however, is grounds for discipline.

Sexual Harassment Defined
Unwelcome sexual advances, requests for sexual favors, and other visual, verbal or physical conduct of a sexual nature constitute sexual harassment when:

• Submission to such conduct is made implicitly or explicitly a term or condition of employment or educational development;
• Submission or rejection of such conduct is used as a basis for employment or education decisions affecting individuals; or
• Such conduct has a purpose or effect of unreasonably interfering in an individual’s work or educational performance, or creating an intimidating, hostile or offensive working or educational environment.
• Sexual harassment in California also includes:
• Verbal harassment, such as epithets, derogatory comments or slurs;
• Physical harassment such as assault or physical interference with movement or work; and
• Visual harassment, such as derogatory cartoons, drawings or posters.<
• Unwelcome sexual advances of an employer towards an employee or student of the same sex or different sex, and harassment on the basis of pregnancy disability are unlawful sexual harassment. Employees and students in California are protected from discrimination based on their actual or perceived sexual orientation. Sexual orientation is defined as “heterosexuality, homosexuality, and bisexuality.”

Specifically, sexual harassment may occur as a pattern of degrading sexual speech or actions and may include, but is not limited to the following examples:

• Vulgar remarks;
• Sexually derogatory comments regarding a person’s appearance;
• Physical touching, pinching, patting, or blocking free movement;
• Sexual propositions or advances (with or without threats to a person’s job or promotion if that person does not submit);
• Sexually suggestive or degrading posters, cartoons, pictures or drawings;
• Offensive sexual jokes, slurs, insults, innuendos or comments; or
• Physical assault.

Notification

• Students and staff will be notified of any changes in policy at the beginning of the school year.
• An update School policies and a review of the Sexual Harassment Policy will be provided as part of the student orientation at the beginning of each new school year.
• New employees to the School will receive a copy of the School’s Sexual Harassment Policy upon acceptance of employment.
• The School’s Sexual Harassment Policy will be displayed in a prominent location at the School.
• A copy of the School’s Sexual Harassment Policy will appear in any publication of the School that sets forth the comprehensive rules, regulations, procedures and standards of conduct from the School. Staff or students who have questions concerning this Policy are encouraged to contact the Principal. 

Complaint Filing Procedure
Informal Resolution: The School encourages communication among its employees and students.  If you feel that you are being harassed by another student, if reasonably possible, we suggest informing the party directly that his or her conduct is unwelcome or offensive and it must stop.  If this is not possible, or if the alleged harasser is an employee of the School, or if the behavior continues, follow the complaint filing procedure.

Written Complaint: Complaints should be submitted within one (1) year of the alleged incident to ensure a prompt, thorough investigation.

Any student who believes he/she has been harassed, or believes he/she has witnessed harassment by a peer, or agent of the School should promptly report in writing, using the form linked below, incident(s) to his or her supervisor and / or the Principal.

A Complaint Form may be obtained at the link below or in the School office. It is important to fill in as much information as accurately as possible.

The Principal, or designee, will investigate all reported incidents within ten (10) days of receiving a written complaint form, unless the Principal, or designee, is the subject of the investigation, in which case the Chief Executive Officer will appoint an investigator. The individual responsible for the investigation will hereinafter be referred to as the “Investigator.”  If the Investigator deems it necessary, he or she will convene a team of trained investigators to proceed in the investigation.

Investigation

• Complaints will be treated seriously and investigated immediately.
• Complaints will be handled confidentially.
• Complainants will be promptly and fully informed of their rights pursuant to this policy.<
• All witnesses and the accused will be properly and fully informed of their rights and remedies pursuant to this policy.
• All interviews of the accused, witnesses and the complainant will be conducted in a private area.
• The Investigator will be properly trained to listen to the allegations, make complete notes, attempt to identify all persons involved, as well as all possible witnesses, and interview the accused.
• No complainant, witness, or party who assists in the investigation will be retaliated against.
• The School will take steps to prevent the recurrence of any harassment and will correct any discriminatory effects on the complainant and others.

The Investigator will initiate an investigation to determine whether there is reasonable cause to believe that a violation of the School’s sexual harassment policy has occurred. "Reasonable cause" is shown if a person of ordinary caution or prudence would be led to believe and conscientiously entertain a strong suspicion of a violation of the sexual harassment policy.     

All individuals involved in the investigation including the complainant, witnesses and the accused will be fully informed of their rights under this policy.

The accused will be provided with a copy of the complaint form and an opportunity to respond to the allegations within seven (7) days of receipt of the request for a formal inquiry. The investigation will include interviews with the complainant and other witnesses as determined by the circumstances.

The Investigator will fully and effectively conduct an investigation that includes interviewing:

• The complainant;
• The accused;
• Any witnesses to the conduct; and
• Any other person who may be mentioned during the course of the investigation as possibly having relevant information.

When appropriate, interim protections or remedies for the complainant, such as limitations on contact, alternative course schedules, and the like, may be recommended to the appropriate School administrator at any time during the process. The complainant will be kept informed of the status of the complaint, consistent with the School’s policy and regulation and applicable law.

The formal investigation will typically be completed within sixty (60) days of the date of the filing of the request. The final determination of the Investigator’s investigation will result in a report which will contain, at the minimum:

1. Statement of the allegations and issues;
2. Positions of the parties;
3. Summary of the evidence received from the parties and the witnesses;
4. Response the accused wishes to add to the report; and
5. All findings of fact.

The final determination report will state a conclusion that the Investigation Team:

• Found reasonable cause that the accused violated the sexual harassment policy; or
• Did not find sufficient evidence to find reasonable cause that the accused violated the sexual harassment policy.  Where the Investigator did not find reasonable cause but believes the behavior complained of may constitute misconduct, the Investigator may state such a conclusion and refer the matter to the appropriate School administrator.

The report will be submitted to the appropriate School administrator(s) for action, within thirty (30) days of the completion of the investigation or as soon thereafter as is feasible. The Investigator will inform the complainant and the accused that the report has been forwarded and to whom. The appropriate administrator(s) will ensure that the complainant and the accused are timely notified in writing of the disciplinary action taken.

Within fifteen (15) days of disciplinary action being taken against the accused, or as required by applicable School procedures, the appropriate administrator(s) will provide written notification to the complainant indicating:

1. Individual remedies available to the complainant; and
2. All sanctions against the accused of which the complainant needs to be aware in order for the sanctions to be fully effective

Within fifteen (15) days of taking disciplinary action against the accused, the appropriate administrator(s) will provide written notification to the Investigator indicating

• The results of any disciplinary actions and the initiation of any appeals; and
• All further individual remedies available to the complainant.

If the final determination is that sexual harassment has occurred, a prompt, relevant and effective remedy will be provided to the complainant and appropriate disciplinary action taken against the harasser.

Appeal
Appeal of sexual harassment investigation finding of no reasonable cause: There are different ways to appeal a finding of no reasonable cause depending on whether the complainant is a student, faculty, or staff. In most cases, existing School complaint procedures provide a mechanism for such an appeal, and where available, such procedures must be utilized.

Notice to the Complainant
Where the Investigator concludes that there is no reasonable cause to believe that a violation of the School’s sexual harassment policy has occurred and the complaint is to be dismissed, a copy of the report will be sent to the complainant and the accused in accordance with the School’s policies/regulations applying to the disclosure of information from school records.

Written Appeal
A written appeal must be directed to the Principal within thirty (30) days of notification to the complainant of the dismissal of the complaint.

Basis for Appeal: The appeal may be based only on one of the following grounds:

1. There is newly discovered important evidence not known at the time of the report;
2. Bias on the part of an Investigator member; or
3. The Investigator failed to follow appropriate procedures.

Decision
The Principal or his or her designee will consider the appeal and will provide a written decision to the complainant and the investigator within thirty (30) days of receipt of the appeal.

Extensions of Deadlines
Extensions of all deadlines contained in these procedures may be granted at the discretion of the Investigator for good cause. The Principal will be consulted before a decision is made on requests for extensions involving faculty and staff.

• Accommodations for Pregnant and Parenting Pupils
• After School Education and Safety
• Career Technical and Technical Education and Career Technical and Technical Training Programs
• Compensatory Education
• Consolidated Categorical Aid Programs
• Course Periods with Educational Content 
• Discrimination, harassment, intimidation or bullying against any protected group as identified under sections 200 and 220 and Section 11135 of the Government Code, including any actual or perceived characteristic as set forth in Section 422.55 of the Penal Code, or on the basis of a person's association with a person or group with one or more of these actuals or perceived characteristics, in any program or activity conducted by and educational institution, as defined in Section 210.3, that is funded directly by, or that receives or benefits from, any state financial assistance.
• Educational and graduation requirements for pupils in foster care, pupils who are homeless, pupils from military families and pupils formerly in Juvenile Court now enrolled in a school district
• Every Student Succeeds Act
• Local Control and Accountability Plans (LCAP)
• Migrant Education
• Physical Education Instructional Minutes
• Pupil Fees
• Reasonable Accommodations to a Lactating Pupil
• School Plans for Student Achievement
• School Safety Plans
• Schoolsite Councils

Filing a UCP Complaint

A UCP complaint shall be filed no later than one year from the date the alleged violation occurred.

For complaints relating to Local Control and Accountability Plans (LCAP), the date of the alleged violation is the date when the reviewing authority approves the LCAP or annual update that was adopted by our agency.

A pupil enrolled in any of our public schools shall not be required to pay a pupil fee for participation in an educational activity.

A pupil fee complaint may be filed with the principal of a school or our superintendent or their designee.

A pupil fee or LCAP complaint may be filed anonymously, that is, without an identifying signature, if the complainant provides evidence or information leading to evidence to support an allegation of noncompliance.

Responsibilities of the North County Trade Tech High School

We shall post a standardized notice, in addition to this notice, with educational and graduation requirements for pupils in foster care, pupils who are homeless, pupils from military families and pupils formerly in Juvenile Court now enrolled in a school district.

We advise complainants of the opportunity to appeal an Investigation Report of complaints regarding programs within the scope of the UCP to the Department of Education (CDE).

We advise complainants of civil law remedies, including injunctions, restraining orders, or other remedies or orders that may be available under state or federal discrimination, harassment, intimidation or bullying laws, if applicable.

Copies of our UCP procedures shall be available free of charge.

Contact Information

Complaints within the scope of the UCP are to be filed with the person responsible for processing complaints: 

Philip Lutgen

Principal

1132 North Melrose Drive

Vista, CA 92083

760-598-0782

plutgen@northcountytradetech.org

The above contact is knowledgeable about the laws and programs that they are assigned to investigate in North County Trade Tech High School