August 22, 2018 CUSD BOT Meeting Agenda Item #32 SECOND READING – BOARD POLICY 5183, SEXUAL HARASSMENT

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August 22, 2018 CUSD BOT Meeting Agenda Item #32 SECOND READING – BOARD POLICY 5183, SEXUAL HARASSMENT

AGENDA ITEM #32 SECOND READING – BOARD POLICY 5183, SEXUAL HARASSMENT

Board Agenda page 618  

Board Audio 

CUSDWatch Comment

This is being brought back to have the term "Sexual Harassment" defined.

Prohibited sexual harassment includes, but is not limited to, unwelcome advances, unwanted requests for sexual favors or other unwanted verbal, visual or physical conduct of a sexual nature made against another person of the same or opposite gender, in the educational setting, when: (Education Code § 212.5; 5 CCR 4916)

1. Submission to the conduct is explicitly or implicitly made a term or condition of a student’s academic status or progress.

2. Submission to or rejection of the conduct by a student is used as the basis for academic decisions affecting the student.

3. The conduct has the purpose or effect of having a negative impact on the student’s academic performance, or of creating an intimidating, hostile or offensive educational environment.

4. Submission to or rejection of the conduct by the student is used as the basis for any decision affecting the student regarding benefits and services, honors, programs, or activities available at or through any District program or activity.

Types of conduct which are prohibited in the District and which may constitute sexual harassment include, but are not limited to:

1. Unwelcome leering, sexual flirtations or propositions

2. Sexual slurs, epithets, threats, verbal abuse, derogatory comments or sexually degrading descriptions

3. Graphic verbal comments about an individual’s body, or overly personal conversation 

4. Sexual jokes, notes, stories, drawings, pictures or gestures, or computer-generated images of a sexual nature

5. Spreading sexual rumors

6. Teasing or sexual remarks about students enrolled in a predominately single-gender class

7. Massaging, grabbing, fondling, stroking or brushing the body

8. Touching an individual’s body or clothes in a sexual way

9. Purposefully cornering or blocking normal movements

10. Displaying sexually suggestive objects 11. Sexual assault, sexual battery, or sexual coercion

12. Electronic communications containing comments, words, or images described above

 

CUSDWatch Comment

CUSD is now adding "Management Resources" to it's Board Policies. This is not appropriate because the sources being cited have no legal authority. They are associations and activist organizations that have political agendas.

Management Resources:

CSBA PUBLICATIONS
 
 

CSBA is the nonprofit education association. A membership-driven association, CSBA provides policy resources and training to its dues paying members. It is a POLITICAL ADVOCACY ORGANIZATION. See: CSBA Public, Legislative and Legal Advocacy 

CA School Boards Foundation

The California School Boards Foundation is a 501 (c)(3) nonprofit, tax-exempt educational organization whose mission is to provide direct support and training to school board members, conduct policy research and analysis, and recognize educational leadership and achievements in California. The Foundation is integral to achieving the long-term vision of CSBA, which is to build a “state where the public schools are widely recognized as the foundation of a free and democratic society, where local citizen governing boards are fully vested with the means to advance the best interests of students and the public, and where the futures of all children are driven by their aspirations, not bounded by their circumstances.”

CALL TO ACTION TAXPAYERS AND PARENTS

CUSD spends hundreds of thousands of dollars for memberships in Associations like CSBA. All of the organizations have political action pacs which often advocate against the interests of students and taxpayers. Ask CUSD to stop spending student money to fund political advocacy organizations like CSBA.

Eliminate CSBA from Board Policy

CSBA Advocacy Positions 

 

 

 

 

 

July 25, 2018 CUSD BOT Meeting Agenda Item #54 FIRST READING – BOARD POLICY 5183, SEXUAL HARASSMENT

AGENDA ITEM #54 FIRST READING – BOARD POLICY 5183, SEXUAL HARASSMENT:

Board Agenda page 1001  

Board Audio at 47:48 

CUSDWatch Comment

Source: California Department of Education - Mandatory Expulsion

Education Code 48915(c) requires mandatory expulsion for the following:

Act must be committed at school or school activity.

Firearm Possessing firearm when a district employee verified firearm possession and when student did not have prior written permission from a certificated employee which is concurred with by the principal or designee.

Selling or otherwise furnishing a firearm.

Brandishing a knife at another person.
 
Unlawfully selling a controlled substance listed in Health and Safety Code Section 11053 et. seq.
 
Committing or attempting to commit a sexual assault as defined in subdivision (n) of EC 48900 or committing sexual battery as defined in subdivision (n) of 48900.
 
Possession of an explosive.
 

Ed Code Section 48915(C)(3) Unlawfully selling a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code

Staff is suggesting a change in policy from mandatory expulsion as required by law, to suspension or alternative to suspension.

The proposed changes violate Ed Code Section 48915(C)(3) and should not be approved by Trustees.

Although California law, mandates a "Zero Tolerance Policy" for specific on campus violations; the law is no longer being enforced in the Capistrano Unified School District, as evidenced by the lack of expulsions for the number of individuals committing these offenses.

Data for CUSD: CUSDWatch: Lax School Discipline Policies may be the cause of Increased Drug Activity, School Shootings and Violence on Campuses.

 

CUSDWatch Comment 

Board Policy should cite "legal" authority not web sites and commentary from political advocacy organizations. CUSD has started adding "Management Resources" to Board Policies and it is inappropriate.
 
The following should be removed from the Board Policy BEFORE Trustees approve Board Policy 5183.
 
Management Resources:
 
CSBA PUBLICATIONS
 
 

CSBA is the nonprofit education association. A membership-driven association, CSBA provides policy resources and training to its dues paying members. It is a POLITICAL ADVOCACY ORGANIZATION. See: CSBA Public, Legislative and Legal Advocacy 

CA School Boards Foundation

The California School Boards Foundation is a 501 (c)(3) nonprofit, tax-exempt educational organization whose mission is to provide direct support and training to school board members, conduct policy research and analysis, and recognize educational leadership and achievements in California. The Foundation is integral to achieving the long-term vision of CSBA, which is to build a “state where the public schools are widely recognized as the foundation of a free and democratic society, where local citizen governing boards are fully vested with the means to advance the best interests of students and the public, and where the futures of all children are driven by their aspirations, not bounded by their circumstances.”

CALL TO ACTION TAXPAYERS AND PARENTS

CUSD spends hundreds of thousands of dollars for memberships in Associations like CSBA. All of the organizations have political action pacs which often advocate against the interests of students and taxpayers. Ask CUSD to stop spending student money to fund political advocacy organizations like CSBA.

CSBA Advocacy Positions 

 
U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS
 
 
 
 
 
WEB SITES