Documenting Claims of Harassment and Discrimination
This is to remind all SCUSD Site Administrators of their duties to investigate and document any and all claims of student harassment and/or discrimination. The district is dealing with an ongoing state audit (see attached) and potential litigation matters relating to its handling of claims of harassment. The following are key requirements to consider:
- Any report of potential harassment or discrimination triggers an automatic duty for the site to investigate pursuant to California and Federal law. Please see the attached AR, Student Non-Discrimination for Procedures.
- Investigations must be sufficiently documented, regardless of whether it is an informal complaint or a formal one. Complainant must be offered the opportunity to submit a formal Uniform Complaint (UCP) or Title IX Complaint through the Student Hearing and Placement Department.
- Reports of the investigation findings and resolutions must be provided to the victim and alleged perpetrator.
- The written resolution must include steps that will be taken to follow up and ensure that any harassment has ceased and has been appropriately remedied.
- These duties exist whether or not a student received discipline. These procedures must be followed regardless of whether or not a student receives a suspension for harassment pursuant to Ed. Code 48900.2 or 48900.4.
- Significant matters, including those which require a complex investigation or involve potential criminal allegations, should be immediately referred to the Student Hearing Office/Title IX Coordinator for oversight or direct investigation.
- Documentation of the investigation, findings and resolutions must be forwarded to Student Hearing and Placement/Student Title IX Coordinator for the district.
- Student Hearing and Placement/Student Title IX Coordinator tracks all site investigations/resolutions of alleged harassment or discrimination.
- Site audits will be conducted as appropriate to ensure ongoing compliance.
- The Director of Student Hearing and In House Counsel will provide trainings on these matters early in 2018.