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AR 5145.3 Nondiscrimination/Harassment (Students)

Kern Union HSD
Administrative Regulation
Nondiscrimination/Harassment

AR 5145.3
Students

The district designates the individual(s) identified below as the employee(s) responsible for
coordinating the district's efforts to comply with applicable state and federal civil rights laws
and to answer inquiries regarding the district's nondiscrimination policies. The individual(s)
shall also serve as the compliance officer(s) specified in AR 1312.3 - Uniform Complaint
Procedures as the responsible employee to handle complaints alleging unlawful
discrimination targeting a student, including discriminatory harassment, intimidation, or
bullying, based on the student's actual or perceived race, color, ancestry, nationality, national
origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status,
pregnancy, parental status, physical or mental disability, medical condition, sex, sexual
orientation, gender, gender identity, gender expression, genetic information, or any other
legally protected status or association with a person or group with one or more of these actual
or perceived characteristics. The coordinator/compliance officer(s) may be contacted at:
(Education Code 234.1; 5 CCR 4621)

Dr. Debbie Thompson, Chief Communications Officer
Kern High School District - District Office
5801 Sundale Avenue
Bakersfield, CA 93309
(661) 827-3173
Debbie_Thompson@kernhigh.org

(cf. 1312.1 - Complaints Concerning District Employees)
(cf. 1312.3 - Uniform Complaint Procedures)
(cf. 5145.7 - Sexual Harassment)
(cf. 5145.71 - Title IX Sexual Harassment Complaint Procedures)
Measures to Prevent Discrimination

To prevent unlawful discrimination, including discriminatory harassment, intimidation,
retaliation, and bullying, of students at district schools or in school activities and to ensure
equal access of all students to the educational program, the Superintendent or designee shall
implement the following measures:

1. Publicize the district's nondiscrimination policy and related complaint procedures,
including the coordinator/compliance officer's contact information, to students,
parents/guardians, employees, volunteers, and the general public by posting them in
prominent locations and providing easy access to them through district-supported
communications

2. Post the district's policies and procedures prohibiting discrimination, harassment,
student sexual harassment, intimidation, bullying, and cyberbullying, including a section on
social media bullying that includes all of the references described in Education Code 234.6 as
possible forums for social media, in a prominent location on the district's web site in a
manner that is easily accessible to parents/guardians and students (Education Code 234.6)

(cf. 0410 - Nondiscrimination in District Programs and Activities)
(cf. 1113 - District and School Web Sites)
(cf. 1114 - District-Sponsored Social Media)
(cf. 5131.2 - Bullying)
(cf. 5145.9 - Hate-Motivated Behavior)

3. Post the definition of sex discrimination and harassment as described in Education
Code 230, including the rights set forth in Education Code 221.8, in a prominent location on
the district's web site in a manner that is easily accessible to parents/guardians and students
(Education Code 234.6)

4. Post in a prominent location on the district web site in a manner that is easily
accessible to parents/guardians and students information regarding Title IX prohibitions
against discrimination based on a student's sex, gender, gender identity, pregnancy, and
parental status, including the following: (Education Code 221.6, 221.61, 234.6)

a. The name and contact information of the district's Title IX Coordinator, including the
phone number and email address

b. The rights of students and the public and the responsibilities of the district under Title
IX, including a list of rights as specified in Education Code 221.8 and web links to
information about those rights and responsibilities located on the web sites of the Office for
Equal Opportunity and the U.S. Department of Education's Office for Civil Rights (OCR)

c. A description of how to file a complaint of noncompliance under Title IX, which
shall include:
(1) An explanation of the statute of limitations within which a complaint must be filed
after an alleged incident of discrimination has occurred and how a complaint may be filed
beyond the statute of limitations
(2) An explanation of how the complaint will be investigated and how the complainant
may further pursue the complaint, including web links to this information on the OCR's web
site
(3) A web link to the OCR complaints form and the contact information for the office,
including the phone number and email address for the office
d. A link to the Title IX information included on the California Department of
Education's (CDE) web site
5. Post a link to statewide CDE-compiled resources, including community-based
organizations, that provide support to youth who have been subjected to school-based
discrimination, harassment, intimidation, or bullying and to their families. Such resources
shall be posted in a prominent location on the district's web site in a manner that is easily
accessible to parents/guardians and students. (Education Code 234.5, 234.6)
6. Provide to students a handbook that contains age-appropriate information that clearly
describes the district's nondiscrimination policy, procedures for filing a complaint, and
resources available to students who feel that they have been the victim of any such behavior.
7. Annually notify all students and parents/guardians of the district's nondiscrimination
policy, including its responsibility to provide a safe, nondiscriminatory school environment
for all students, including transgender and gender-nonconforming students. The notice shall
inform students and parents/guardians that they may request to meet with the compliance
officer to determine how best to accommodate or resolve concerns that may arise from the
district's implementation of its nondiscrimination policies. The notice shall also inform all
students and parents/guardians that, to the extent possible, the district will address any
individual student's interests and concerns in private.
8. Ensure that students and parents/guardians, including those with limited English
proficiency, are notified of how to access the relevant information provided in the district's
nondiscrimination policy and related complaint procedures, notices, and forms in a language
they can understand.
If 15 percent or more of students enrolled in a particular district school speak a single
primary language other than English, the district's policy, regulation, forms, and notices
concerning nondiscrimination shall be translated into that language in accordance with
Education Code 234.1 and 48985. In all other instances, the district shall ensure meaningful
access to all relevant information for parents/guardians with limited English proficiency.
9. Provide to students, employees, volunteers, and parents/guardians age-appropriate
training and/or information regarding the district's nondiscrimination policy; what constitutes
prohibited discrimination, including discriminatory harassment, intimidation, retaliation, or
bullying; how and to whom a report of an incident should be made; and how to guard against
segregating or stereotyping students when providing instruction, guidance, supervision, or
other services to them. Such training and information shall include details of guidelines the
district may use to provide a discrimination-free environment for all district students,
including transgender and gender-nonconforming students.
(cf. 1240 - Volunteer Assistance)
(cf. 4131 - Staff Development)
10. At the beginning of each school year, inform school employees that any employee
who witnesses any act of unlawful discrimination, including discriminatory harassment,
intimidation, or bullying, against a student is required to intervene if it is safe to do so.
(Education Code 234.1)
(cf. 4112.9/4212.9/4312.9 - Employee Notifications)
11. At the beginning of each school year, inform each principal or designee of the
district's responsibility to provide appropriate assistance or resources to protect students from
threatened or potentially discriminatory behavior and ensure their privacy rights.
Enforcement of District Policy
The Superintendent or designee shall take appropriate actions to reinforce BP 5145.3 -
Nondiscrimination/Harassment. As needed, these actions may include any of the following:
1. Removing vulgar or offending graffiti
(cf. 5131.5 - Vandalism and Graffiti)
2. Providing training to students, staff, and parents/guardians about how to recognize
unlawful discrimination, how to report it or file a complaint, and how to respond
3. Disseminating and/or summarizing the district's policy and regulation regarding
unlawful discrimination
4. Consistent with laws regarding the confidentiality of student and personnel records,
communicating to students, parents/guardians, and the community the school's response plan
to unlawful discrimination or harassment
(cf. 4112.6/4212.6/4312.6 - Personnel Files)
(cf. 5125 - Student Records)
5. Taking appropriate disciplinary action against students, employees, and anyone
determined to have engaged in wrongdoing in violation of district policy, including any
student who is found to have filed a complaint of discrimination that the student knew was
not true
(cf. 4118 - Dismissal/Suspension/Disciplinary Action)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)
(cf. 5144 - Discipline)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))
Process for Initiating and Responding to Complaints
Students who feel that they have been subjected to unlawful discrimination described above
or in district policy are strongly encouraged to immediately contact the compliance officer,
principal, or any other staff member. In addition, students who observe any such incident are
strongly encouraged to report the incident to the compliance officer or principal, whether or
not the alleged victim files a complaint.
Any school employee who observes an incident of unlawful discrimination, including
discriminatory harassment, intimidation, retaliation, or bullying, or to whom such an incident
is reported shall report the incident to the compliance officer or principal within a school day,
whether or not the alleged victim files a complaint.
Any school employee who witnesses an incident of unlawful discrimination, including
discriminatory harassment, intimidation, retaliation, or bullying, shall immediately intervene
to stop the incident when it is safe to do so. (Education Code 234.1)
When a report of unlawful discrimination, including discriminatory harassment, intimidation,
retaliation, or bullying, is made to or received by the principal or compliance officer, the
principal or compliance officer shall notify the student or parent/guardian of the right to file
a formal complaint in accordance with AR 1312.3 - Uniform Complaint Procedures or, for
complaints of sexual harassment that meet the federal Title IX definition, AR 5145.71 - Title
IX Sexual Harassment Complaint Procedures. Once notified verbally or in writing, the
compliance officer shall begin the investigation and shall implement immediate measures
necessary to stop the discrimination and ensure that all students have access to the
educational program and a safe school environment. Any interim measures adopted to
address unlawful discrimination shall, to the extent possible, not disadvantage the
complainant or a student who is the victim of the alleged unlawful discrimination.
Any report or complaint alleging unlawful discrimination by the principal, compliance
officer, or any other person to whom a report would ordinarily be made or complaint filed
shall instead be made to or filed with the Superintendent or designee who shall determine
how the complaint will be investigated.
(cf. 5141.4 - Child Abuse Prevention and Reporting)
Transgender and Gender-Nonconforming Students
Gender identity of a student means the student's gender-related identity, appearance, or
behavior as determined from the student's internal sense , whether or not that gender-related
identity, appearance, or behavior is different from that traditionally associated with the
student's physiology or assigned sex at birth.
Gender expression means a student's gender-related appearance and behavior, whether
stereotypically associated with the student's assigned sex at birth. (Education Code 210.7)
Gender transition refers to the process in which a student changes from living and identifying
as the sex assigned to the student at birth to living and identifying as the sex that corresponds
to the student's gender identity.
Gender-nonconforming student means a student whose gender expression differs from
stereotypical expectations.
Transgender student means a student whose gender identity is different from the gender
assigned at birth.
The district prohibits acts of verbal, nonverbal, or physical aggression, intimidation, or
hostility that are based on sex, gender identity, or gender expression, or that have the purpose
or effect of producing a negative impact on the student's academic performance or of creating
an intimidating, hostile, or offensive educational environment , regardless of whether the acts
are sexual in nature. Examples of the types of conduct which are prohibited in the district and
which may constitute gender-based harassment include, but are not limited to:
1. Refusing to address a student by a name and the pronouns consistent with the
student's gender identity
2. Disciplining or disparaging a student or excluding the student from participating in
activities, for behavior or appearance that is consistent with the student's gender identity or
that does not conform to stereotypical notions of masculinity or femininity, as applicable
3. Blocking a student's entry to the restroom that corresponds to the student's gender
identity
4. Taunting a student because the student participates in an athletic activity more
typically favored by a student of the other sex
5. Revealing a student's transgender status to individuals who do not have a legitimate
need for the information, without the student's consent
6. Using gender-specific slurs
7. Physically assaulting a student motivated by hostility toward the student because of
the student's gender, gender identity, or gender expression
The district's uniform complaint procedures (AR 1312.3) or Title IX sexual harassment
procedures (AR 5145.71), as applicable, shall be used to report and resolve complaints
alleging discrimination against transgender and gender-nonconforming students.
Examples of bases for complaints include, but are not limited to, the above list, as well as
improper rejection by the district of a student's asserted gender identity, denial of access to
facilities that correspond with a student's gender identity, improper disclosure of a student's
transgender status, discriminatory enforcement of a dress code, and other instances of
gender-based harassment.
To ensure that transgender and gender-nonconforming students are afforded the same rights,
benefits, and protections provided to all students by law and Board policy, the district shall
address each situation on a case-by-case basis, in accordance with the following guidelines:
1. Right to privacy: A student's transgender or gender-nonconforming status is the
student's private information and the district shall only disclose the information to others with
the student's prior written consent, except when the disclosure is otherwise required by law or
when the district has compelling evidence that disclosure is necessary to preserve the
student's physical or mental well-being. In any case, the district shall only allow disclosure of
a student's personally identifiable information to employees with a legitimate educational
interest as determined by the district pursuant to 34 CFR 99.31. Any district employee to
whom a student's transgender or gender-nonconforming status is disclosed shall keep the
student's information confidential. When disclosure of a student's gender identity is made to a
district employee by a student, the employee shall seek the student's permission to notify the
compliance officer. If the student refuses to give permission, the employee shall keep the
student's information confidential, unless the employee is required to disclose or report the
student's information pursuant to this administrative regulation, and shall inform the student
that honoring the student's request may limit the district's ability to meet the student's needs
related to the student's status as a transgender or gender-nonconforming student. If the
student permits the employee to notify the compliance officer, the employee shall do so
within three school days.
As appropriate given the student's need for support, the compliance officer may
discuss with the student any need to disclose the student's transgender or gendernonconformity status or gender identity or gender expression to the student's
parents/guardians and/or others, including other students, teacher(s), or other adults on
campus. The district shall offer support services, such as counseling, to students who wish to
inform their parents/guardians of their status and desire assistance in doing so.
(cf. 1340 - Access to District Records)
(cf. 3580 - District Records)
2. Determining a Student's Gender Identity: The compliance officer shall accept the
student's assertion of gender identity and begin to treat the student consistent with that gender
identity unless district personnel present a credible and supportable basis for believing that
the student's assertion is for an improper purpose.
3. Addressing a Student's Transition Needs: The compliance officer shall arrange a
meeting with the student and, if appropriate, the student's parents/guardians to identify and
develop strategies for ensuring that the student's access to educational programs and
activities is maintained. The meeting shall discuss the transgender or gender-nonconforming
student's rights and how those rights may affect and be affected by the rights of other
students and shall address specific subjects related to the student's access to facilities and to
academic or educational support programs, services, or activities, including, but not limited
to, sports and other competitive endeavors. In addition, the compliance officer shall identify
specific school site employee(s) to whom the student may report any problem related to the
student's status as a transgender or gender-nonconforming individual, so that prompt action
can be taken to address it. Alternatively, if appropriate and desired by the student, the school
may form a support team for the student that will meet periodically to assess whether the
arrangements for the student are meeting the student's educational needs and providing equal
access to programs and activities, educate appropriate staff about the student's transition, and
serve as a resource to the student to better protect the student from gender-based
discrimination.
4. Accessibility to Sex-Segregated Facilities, Programs, and Activities: When the
district maintains sex-segregated facilities, such as restrooms and locker rooms, or offers sexsegregated programs and activities, such as physical education classes, intermural sports, and
interscholastic athletic programs, students shall be permitted to access facilities and
participate in programs and activities consistent with their gender identity. To address any
student's privacy concerns in using sex-segregated facilities, the district shall offer available
options such as a gender-neutral or single-use restroom or changing area, a bathroom stall
with a door, an area in the locker room separated by a curtain or screen, or use of the locker
room before or after the other students. However, the district shall not require a student to
utilize these options because the student is transgender or gender-nonconforming. In
addition, a student shall be permitted to participate in accordance with the student's gender
identity in other circumstances where students are separated by gender, such as for class
discussions, yearbook pictures, and field trips. A student's right to participate in a sexsegregated activity in accordance with the student's gender identity shall not render invalid or
inapplicable any other eligibility rule established for participation in the activity.
(cf. 6145 - Extracurricular and Cocurricular Activities)
(cf. 6145.2 - Athletic Competition)
(cf. 6153 - School-Sponsored Trips)
(cf. 7110 - Facilities Master Plan)
5. Student Records: A student's legal name or gender as entered on the mandatory
student record required pursuant to 5 CCR 432 shall only be changed with proper
documentation. When a student presents government-issued documentation of a name and/or
gender change or submits a request for a name and/or gender change through the process
specified in Education Code 49070, the district shall update the student's records. (Education
Code 49062.5, 49070)
(cf. 5125 - Student Records)
(cf. 5125.1 - Release of Directory Information)
(cf. 5125.3 - Challenging Student Records)
6. Names and Pronouns: If a student so chooses, district personnel shall be required to
address the student by a name and the pronoun(s) consistent with the student's gender
identity, without the necessity of a court order or a change to the student's official district
record. However, inadvertent slips or honest mistakes by district personnel in the use of the
student's name and/or consistent pronouns will, in general, not constitute a violation of this
administrative regulation or the accompanying district policy.
7. Uniforms/Dress Code: A student has the right to dress in a manner consistent with the
student's gender identity, subject to any dress code adopted on a school site.
(cf. 5132 - Dress and Grooming)
Regulation KERN HIGH SCHOOL DISTRICT
approved: November 2, 2009Bakersfield, California
revised: June 2, 2016
revised: January 9, 2017
revised: June 6, 2017
revised: June 14, 2019
revised: January 27, 2020
revised: August 3, 2020
revised: August 31, 2020