Uniform Compliant Procedure and Title IX
Uniform Complaint Procedure
Parents, Guardians, Pupils, and Teachers:
You are hereby notified that, RCS has the primary responsibility to insure compliance with applicable state and federal laws and regulations and has established procedures
address allegations of unlawful discrimination, harassment, intimidation, and bullying; complaints alleging violation of state or federal laws
governing educational programs, including the charging of unlawful pupil fees, non-compliance with the Local Control Funding Formula, and
non-compliance with reasonable accommodations for lactating pupils.
RCS shall investigate and seek to resolve complaints using policies and procedures known as the Uniform Complaint Procedure (“UCP”)
adopted by our Governing Board. Unlawful discrimination, harassment, intimidation, or bullying complaints may be based on actual or
perceived characteristics of age, ancestry, color, ethnic group identification, gender expression, gender identity, gender, genetic information,
physical disability, mental disability, medical condition, marital status, nationality, national origin, race or ethnicity, religion, sex, sexual
orientation, or on a person’s association with a person or group with one or more of these actual or perceived characteristics, in any School
program or activity that receives or benefits from state financial assistance.
The UCP shall also be used when addressing complaints alleging failure to comply with state and/or federal laws in:
•After School Education and Safety Programs
•Agricultural Vocational Education Programs
•American Indian Education Centers and Early Child Education Program Assessments
•Foster and Homeless Youth Services
•Consolidated Categorical Aid Programs
•Career Technical and Technical Education and Training Programs
•Child Care and Developmental Programs
•Child Nutrition Programs
•Regional Occupational Centers and Special Education Programs
•Every Student Succeeds Act / No Child Left Behind Act (2001) Programs (Titles I-VII)
•Economic Impact Aid
•Tobacco-Use Prevention Education
•Requirements governing the Local Control Funding Formula or Sections 47606.5 and 47607.3 of the Education Code, as applicable
•Reasonable Accommodations to a Lactating Pupil
A complaint of noncompliance with laws relating to pupil fees may be filed pursuant to the local UCP. A pupil enrolled in a public school shall not be required to pay a pupil fee for participation in an educational activity. A pupil fee includes, but is not limited to, all of the following:
•A fee charged to a pupil as a condition for registering for school or classes, or as a condition for participation in a class or an extracurricular activity, regardless of whether the class or activity is elective or compulsory, or is for credit.
•A security deposit, or other payment, that a pupil is required to make to obtain a lock, locker, book, class apparatus, musical instrument, clothes, or other materials or equipment.
•A purchase that a pupil is required to make to obtain materials, supplies, equipment, or clothes associated with an educational activity.
•A pupil fee complaint shall not be filed later than one (1) year from the date the alleged violation occurred.
Complaints of noncompliance with laws relating to pupil fees are filed with the Executive Director of a school. A complaint regarding pupil fees may be filed anonymously if the complaint provides evidence or information to support an allegation of noncompliance with laws relating to pupil fees. Complaints other than complaints relating to pupil fees must be filed in writing with the following compliance officer:
Steve Martinez, Executive Director
325 S. Downs Road
Ridgecrest, CA 93555
Title IX, Harassment, Intimidation, Discrimination and Bullying Coordinator:
Prohibited Unlawful Harassment
- Verbal conduct such as epithets, derogatory jokes or comments or slurs
- Physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering with work because of sex, race or any other protected basis
- Retaliation for reporting or threatening to report harassment
- Deferential or preferential treatment based on any of the protected classes above
Prohibited Unlawful Harassment under Title IX
Title IX (20 U.S.C. § 1681 et. seq; 34 C.F.R. § 106.1 et. seq) and California state law prohibit harassment on the basis of sex. In accordance with these existing laws, discrimination on the basis of sex in education institutions is prohibited. All persons, regardless of sex, are afforded equal rights and opportunities and freedom from unlawful discrimination in education programs or activities conducted by RCS.
RCS is committed to provide a workplace and educational environment free of sexual harassment and considers such harassment to be a major offense, which may result in disciplinary action.
Sexual harassment consists of sexual advances, request for sexual favors and other verbal or physical conduct of a sexual nature when: (a) Submission to the conduct is explicitly or implicitly made a term or a condition of an individual's employment, academic status, or progress; (b) submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual; (c) the conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment; and/or (d) submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.
It is also unlawful to retaliate in any way against an individual who has articulated a good faith concern about sexual harassment against him/her or against another individual.
Sexual harassment may include, but is not limited to:
Physical assaults of a sexual nature, such as:
oRape, sexual battery, molestation or attempts to commit these assaults and
oIntentional physical conduct that is sexual in nature, such as touching, pinching, patting, grabbing, brushing against another’s body, or poking another’s body
Unwanted sexual advances, propositions or other sexual comments, such as:
oSexually oriented gestures, notices, remarks, jokes, or comments about a person’s sexuality or sexual experience
oPreferential treatment or promises of preferential treatment to an individual for submitting to sexual conduct, including soliciting or attempting to solicit any individual to engage in sexual activity for compensation or reward or deferential treatment for rejecting sexual conduct
oSubjecting or threats of subjecting an employee to unwelcome sexual attention or conduct or intentionally making performance of the employee’s job more difficult because of the employee’s sex
Sexual or discriminatory displays or publications anywhere in the workplace or educational environment, such as:
oDisplaying pictures, cartoons, posters, calendars, graffiti, objections, promotional materials, reading materials, or other materials that are sexually suggestive, sexually demeaning or pornographic or bringing or possessing any such material to read, display or view at work or the educational environment
oReading publicly or otherwise publicizing in the work or educational environment materials that are in any way sexually revealing, sexually suggestive, sexually demeaning or pornographic, and
oDisplaying signs or other materials purporting to segregate an individual by sex in an area of the workplace or educational environment (other than restrooms or similar rooms)
The illustrations of harassment and sexual harassment above are not to be construed as an all-inclusive list of prohibited acts under this Policy.
Bullying is defined as any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act. Bullying includes one or more acts committed by a student group or group of students that may constitute as sexual harassment, hate violence, or creates an intimidating and/or hostile educational environment, directed toward one or more students that has or can be reasonably predicted to have the effect of one or more of the following:
- Placing a reasonable pupil* or pupils in fear of harm to that pupil’s or those pupils’ person or property.
- Causing a reasonable pupil to experience a substantially detrimental effect on his or her physical or mental health.
- Causing a reasonable pupil to experience a substantial interference with his or her academic performance.
- Causing a reasonable pupil to experience a substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by the School.
* “Reasonable pupil” is defined as a pupil, including, but not limited to, an exceptional needs pupil, who exercises care, skill and judgment in conduct for a person of his or her age, or for a person of his or her age with his or her exceptional needs.
Cyberbullying is an electronic act that includes the transmission of harassing communication, direct threats, or other harmful texts, sounds, or images on the Internet, social media, or other technologies using a telephone, computer, or any wireless communication device. Cyberbullying also includes breaking into another person’s electronic account and assuming that person’s identity in order to damage that person’s reputation.
Electronic act means the creation and transmission originated on or off the school site, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:
- A message, text, sound, video, or image.
- A post on a social network Internet Web site including, but not limited to:
- Posting to or creating a burn page. A “burn page” means an Internet Web site created for the purpose of having one or more of the effects as listed in the definition of “bullying,” above
- Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in the definition of “bullying,” above. “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated
- Creating a false profile for the purpose of having one or more of the effects listed in the definition of “bullying,” above. “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.
- An act of “Cyber sexual bullying” including, but not limited to:
- The dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in definition of “bullying,” above. A photograph or other visual recording, as described above, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
- “Cyber sexual bullying” does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.
- Notwithstanding the definitions of “bullying” and “electronic act” above, an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet.