Bullying
Bullying is defined in California Education Code 48900 as any severe or pervasive physical or verbal act(s) or conduct, including electronic communications committed by a pupil(s) that has, or can be reasonably predicted to have, the effect of one or more of the following:
- Reasonable fear of harm to person or property;
- Substantially detrimental effect on physical or mental health;
- Substantial interference with academic performance;
- Substantial interference with the ability to participate in or benefit from school services, activities, or privileges. A Safe Place to Learn Act. Ed. Code 234.5 - The Superintendent shall post, and annually update, on the department’s Internet Web site and provide to each school district a list of statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying, including school-based discrimination, harassment, intimidation, or bullying on the basis of religious affiliation, nationality, race, or ethnicity, or perceived religious affiliation, nationality, race, or ethnicity.
Below are some resources for school staff, parents and students on how to prevent bullying, sample policies for school districts, and how to address bullying in schools. This can include the use of alternatives to suspension/expulsion, such as Restorative Justice, which can hold students accountable for their actions while at the same time building a nurturing and positive school climate.
Resources
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Harassment
What is Title IX?
Title IX of the Education Amendments of 1972 (“Title IX”) is a federal law that prohibits sex-based discrimination in all educational programs and activities, including athletic programs. Title IX states: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."
Title IX protects all participants in Ventura County Office of Education (“VCOE”) educational programs and activities, including students, parents, employees, and job applicants. VCOE does not discriminate on the basis of sex. Discrimination on the basis of sex can include sexual harassment and sexual violence.
In addition to Title IX, the California Education Code prohibits discrimination on the basis of sex in schools (California Education Code § 220-221.1). Other state and federal laws also prohibit discrimination and ensure equality in education.
VCOE has a responsibility to respond promptly and effectively to sex-based discrimination, including sexual harassment and sexual violence. If VCOE knows or reasonably should know about sex discrimination, it must take action to eliminate the sex discrimination, prevent its recurrence, and address its effects. VCOE must resolve complaints of sex discrimination promptly and equitably. Information on filing a complaint alleging sex-based discrimination is below, including contact information for VCOE’s Title IX Coordinator.
What are my rights under Title IX?
You have the following rights under Title IX, to the extent applicable at VCOE. Please note that VCOE does not offer competitive athletics as defined by California Education Code 221.9(e).
California Education Code § 221.5-231.5 provides a complete list of rights, including:
(a) You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
(b) You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
(c) You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
(d) You have the right to apply for athletic scholarships.
(e) You have the right to receive equitable treatment and benefits in the provision of all of the following:
(1) Equipment and supplies.
(2) Scheduling of games and practices.
(3) Transportation and daily allowances.
(4) Access to tutoring.
(5) Coaching.
(6) Locker rooms.
(7) Practice and competitive facilities.
(8) Medical and training facilities and services.
(9) Publicity.
(f) You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
(g) You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
(h) You have the right to file a confidential discrimination complaint with the United States Office of Civil Rights or the State Department of Education if you believe you have been discriminated against or if you believe you have received unequal treatment on the basis of your sex.
(i) You have the right to pursue civil remedies if you have been discriminated against.
(j) You have the right to be protected against retaliation if you file a discrimination complaint.
VCOE has a responsibility to respond promptly and effectively to sex-based discrimination, including sexual harassment and sexual violence. If VCOE knows or reasonably should know about sex discrimination, it must take action to eliminate the sex discrimination, prevent its recurrence, and address its effects. VCOE must resolve complaints of sex discrimination promptly and equitably.
Title IX Training
Additional Information and Resources
For more information specific to anti-discrimination in VCOE employment, please contact the Title IX Coordinator.
How to File a Complaint
Click here to download the VCOE complaint form, complete the form and send it to the appropriate Title IX Coordinator listed below.
You may also file a discrimination complaint with the U.S. Department of Education Office for Civil Rights. For more information, visit http://www2.ed.gov/about/offices/list/ocr/complaintintro.html. The electronic complaint form for the Office for Civil Rights is available online at https://ocrcas.ed.gov.
VCOE Compliance Officers / Title IX Coordinators
Ventura County Office of Education
Dr. Juan Manuel Santos
Chief Human Resources Officer
5189 Verdugo Way
Camarillo, California 93012
805-383-9337
VCOE Special Education Schools
Holly Minear
Executive Director of Special Education
5250 Adolfo Road
Camarillo, California 93012
805-383-1924
Gateway and Providence Schools
Stefanie Rodriguez
Director of Alternative Education
200 Horizon Circle
Camarillo, California 93010
805-437-1460
Relevant VCOE Policies
When Must a Complaint Be Filed?
A complaint alleging retaliation or unlawful discrimination, (such as discriminatory harassment, intimidation, or bullying), must be filed not later than six (6) months from the date occurred, or six (6) months from the date the complainant first obtained knowledge of the facts of the alleged unlawful discrimination. The time for filing may be extended for up to ninety (90) days by the Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension.
How will a Complaint be Investigated?
Within ten (10) business days after the compliance officer receives the complaint, the compliance officer shall begin an investigation into the complaint.
In conducting the investigation, the compliance officer shall collect all available documents and review all available records, notes, or statements related to the complaint, including any additional evidence or information received from the parties during the course of the investigation. They shall individually interview all available witnesses with information pertinent to the complaint, and may visit any reasonably accessible location where the relevant actions are alleged to have taken place. At appropriate intervals, the compliance officer shall inform both parties of the status of the investigation.
To investigate a complaint alleging retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the compliance officer shall interview the alleged victim(s), any alleged offenders, and other relevant witnesses privately, separately, and in a confidential manner. As necessary, additional staff or legal counsel may conduct or support the investigation.
Unless extended by written agreement with the complainant, the compliance officer shall prepare and send to the complainant, and respondent if there is one, a written report within sixty (60) calendar days of VCOE's receipt of the complaint. (5 CCR 4631)
For complaints of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the decision may, as required by law, include:
- Notice of the complainant’s and respondent’s right to appeal VCOE's decision to the CDE within fifteen (15) calendar days, and procedures to be followed for initiating such an appeal
For complaints alleging unlawful discrimination based on state law (such as discriminatory harassment, intimidation, and bullying), the decision shall also include a notice to the complainant that:
- They may pursue available civil law remedies outside of VCOE's complaint procedures, including seeking assistance from mediation centers or public/private interest attorneys, sixty (60) calendar days after the filing of an appeal with the CDE. (Education Code 262.3)
- The sixty (60) days moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law. (Education Code 262.3)
- Complaints alleging discrimination based on race, color, national origin, sex, gender, disability, or age may also be filed with the U.S. Department of Education, Office for Civil Rights at www.ed.gov/ocr within one hundred eighty (180) days of the alleged discrimination.
What Happens When the Investigation is Complete?
Unless extended by written agreement with the complainant, the compliance officer shall prepare and send to the complainant, and respondent if there is one, a written report within sixty (60) calendar days of VCOE's receipt of the complaint. (5 CCR 4631)
For complaints of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the decision may, as required by law, include:
- Notice of the complainant’s and respondent’s right to appeal VCOE's decision to the CDE within fifteen (15) calendar days, and procedures to be followed for initiating such an appeal
For complaints alleging unlawful discrimination based on state law (such as discriminatory harassment, intimidation, and bullying), the decision shall also include a notice to the complainant that:
- They may pursue available civil law remedies outside of VCOE's complaint procedures, including seeking assistance from mediation centers or public/private interest attorneys, sixty (60) calendar days after the filing of an appeal with the CDE. (Education Code 262.3)
- The sixty (60) days moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law. (Education Code 262.3)
- Complaints alleging discrimination based on race, color, national origin, sex, gender, disability, or age may also be filed with the U.S. Department of Education, Office for Civil Rights at www.ed.gov/ocr within one hundred eighty (180) days of the alleged discrimination.
If the compliance officer finds that a complaint has merit, VCOE will take appropriate corrective action.
For more information, visit the California Department of Education’s webpage on Uniform Complaint Procedures:
http://www.cde.ca.gov/re/cp/uc/index.asp.
Complaints may also be filed with the United States Department of Education, Office for Civil Rights, within one hundred eighty (180) days of the alleged discrimination. For contact information, see the section above on “How do I file a complaint of sex discrimination?” For more information, visit:
http://www2.ed.gov/about/offices/list/ocr/complaintintro.html.
Human Trafficking
To report suspected human trafficking or to receive assistance call your local police department, the REACH Team at (805)261-1212, call the National Human Trafficking Resource Center at 1(888)373-7888, or text the National Human Trafficking Resource Center the word "HELP" or "INFO" to 233733.
Poster
