Discrimination page test

Discrimination page test

Imperial Valley Regional Occupational Program
 
Nondiscrimination, Harassment, Retaliation and Complaint Policy
 
 
 
COMPLAINTS CONCERNING EMPLOYEES
 (BP/AR 1312.1)
 
The Governing Board accepts responsibility for providing a means by which the public can hold IVROP employees accountable for their actions.  The Board desires that complaints be resolved expeditiously without disrupting the educational process.
 
The Superintendent or designee shall develop regulations which permit the public to submit complaints against IVROP employees in an appropriate way.  These regulations shall protect the rights of involved parties.  The Board may serve as an appeals body if the complaint is not resolved.
 
Complaints against employees from participating districts working in the program shall be directed to the Superintendent or designee of the employee’s district.
 
The Board prohibits retaliation against complainants.  The Superintendent or designee at his/her discretion may keep a complainant's identity confidential, except to the extent necessary to investigate the complaint.  IVROP will not investigate anonymous complaints unless it so desires.
 
The Superintendent or designee shall determine whether a complaint should be considered a complaint against IVROP and/or an individual employee, and whether it should be resolved by IVROP’s process for complaints concerning personnel and/or other IVROP procedures.  
 
To promote prompt and fair resolution of the complaint, the following procedures shall govern the resolution of complaints against IVROP employees:
 
1. Every effort should be made to resolve a complaint at the earliest possible stage. Whenever possible, the complainant should communicate directly to the employee in order to resolve concerns. 
 
2. If a complainant is unable or unwilling to resolve the complaint directly with the employee, he/she may submit an oral or written complaint to the employee’s immediate supervisor or the Superintendent or designee.
 
3. All complaints related to IVROP personnel other than administrators shall be submitted in writing to the Superintendent or designee or immediate supervisor.  If the complainant is unable to prepare the complaint in writing, administrative staff shall help him/her to do so. Complaints related to an administrator shall be initially filed in writing with the Superintendent or designee. Complaints related to the Superintendent shall be initially filed in writing with the Board. 
 
4. When a written complaint is received, the employee shall be notified within five days.  
 
5. A written complaint shall include:
 
a. The full name of each employee involved
 
b. A brief but specific summary of the complaint and the facts surrounding it 
 
c. A specific description of any prior attempt to discuss the complaint with the employee and the failure to resolve the matter
 
6. Staff responsible for investigating complaints shall attempt to resolve the complaint to the satisfaction of the parties involved within 30 days.  
 
7. Both the complainant and the employee against whom the complaint was made may appeal a decision by the Superintendent or designee or immediate supervisor to the Superintendent or designee, who shall attempt to resolve the complaint to the satisfaction of the person involved within 30 days. Parties should consider and accept the Superintendent or designee’s decision as final. However, the complainant, the employee, or the Superintendent or designee may ask to address the Board regarding the complaint.
 
8. Before any Board consideration of a complaint, the Superintendent or designee shall submit to the Board a written report concerning the complaint, including but not limited to:
 
a. The full name of each employee involved
 
b. A brief but specific summary of the complaint and the facts surrounding it, sufficient to inform the Board and the parties as to the precise nature of the complaint and to allow the parties to prepare a response
 
c. A copy of the signed original complaint
 
d. A summary of the action taken by the Superintendent or designee, together with his/her specific finding that the problem has not been resolved and the reasons
 
9. The Board may uphold the Superintendent’s decision without hearing the complaint.
 
10. All parties to a complaint may be asked to attend a Board meeting in order to clarify the issue and present all available evidence.
 
11. A closed session may be held to hear the complaint in accordance with law.
 
12. The decision of the Board shall be final.
 
Any complaint of child abuse or neglect alleged against a district employee shall be reported to the appropriate local agencies in accordance with law, Board policy and administrative regulation. 
 
NONDISCRIMINATION IN EMPLOYMENT
(BP/AR 4030)
 
The Governing Board is determined to provide IVROP employees, interns, volunteers and job applicants a safe, positive environment where they are assured of full and equal employment access and opportunities, protection from harassment or intimidation, and freedom from any fear of reprisal or retribution for asserting their employment rights in accordance with law.  This policy shall apply to all IVROP employees and, to the extent required by law, to interns, volunteers, and job applicants.
 
No IVROP employee shall be discriminated against or harassed by any coworker, supervisor, manager, or other person with whom the employee comes in contact in the course of employment, on the basis of the person's actual or perceived race, religious creed, color, national origin, ancestry, age, marital status, pregnancy, physical or mental disability, medical condition, genetic information, military and veteran status, gender, gender identity, gender expression, sex, or sexual orientation, or his/her association with a person or group with one or more of these actual or perceived characteristics.
 
Discrimination in employment based on the characteristics listed above is prohibited in all areas of employment and in all employment-related practices, including the following:
 
1. Discrimination in hiring, compensation, terms, conditions, and other privileges of employment.
 
2. Taking of an adverse employment action, such as termination or the denial of employment, promotion, job assignment, or training.
 
3. Unwelcome conduct, whether verbal, physical, or visual, that is so severe or pervasive as to adversely affect an employee's employment opportunities, or that has the purpose or effect of unreasonably interfering with the individual's work performance or creating an intimidating, hostile, or offensive work environment.
 
4. Actions and practices identified as unlawful or discriminatory pursuant to Government Code 12940 or 2 CCR 11006-11086, such as:
 
a. Sex discrimination based on an employee's pregnancy, childbirth, breastfeeding, or any related medical condition or on an employee's gender, gender expression, or gender identity, including transgender status
 
b. Religious creed discrimination based on an employee's religious belief or observance, including his/her religious dress or grooming practices, or based on IVROP's failure or refusal to use reasonable means to accommodate an employee's religious belief, observance, or practice which conflicts with an employment requirement
 
c. Disability discrimination based on a IVROP requirement for a medical or psychological examination of a job applicant, or an inquiry into whether a job applicant has a mental or physical disability or a medical condition or as to the severity of any such disability or condition, without the showing of a job-related need or business necessity
 
d. Disability discrimination based on IVROP's failure to make reasonable accommodation for the known physical or mental disability of an employee or to engage in a timely, good faith, interactive process with an employee, to determine effective reasonable accommodations for the employee, when he/she has requested reasonable accommodation for a known physical or mental disability or medical condition
 
The Board also prohibits retaliation against any IVROP employee who opposes any discriminatory employment practice by IVROP or its employee, agent, or representatives or who complains, testifies, assists, or in any way participates in IVROP's complaint process pursuant to this policy. No employee who requests an accommodation for any protected characteristic listed in this policy shall be subjected to any punishment or sanction, regardless of whether the request was granted.  (Government Code 12940)
 
Complaints concerning employment discrimination, harassment, or retaliation shall immediately be investigated in accordance with procedures specified in the accompanying administrative regulation.
 
Any supervisory or management employee who observes or has knowledge of an incident of prohibited discrimination or harassment shall report the incident to the Superintendent or designated IVROP coordinator as soon as practical after the incident.  All other employees are encouraged to report such incidents to their supervisor immediately. IVROP shall protect any employee who does report such incidents from retaliation.
 
The Superintendent or designee shall use all appropriate means to reinforce IVROP's nondiscrimination policy. He/she shall provide training and information to employees about how to recognize harassment, discrimination, or other related conduct, how to respond appropriately, and components of IVROP's policies and regulations regarding discrimination. The Superintendent or designee shall regularly review IVROP's employment practices and, as necessary, shall take action to ensure IVROP compliance with the nondiscrimination laws.
 
In addition, the Superintendent or designee shall post, in a conspicuous place on IVROP premises, the California Department of Fair Employment and Housing publication on workplace discrimination and harassment issued pursuant to 2 CCR 11013.
 
Any IVROP employee who engages in prohibited discrimination, harassment, or retaliation or who aids, abets, incites, compels, or coerces another to engage or attempt to engage in such behavior in violation of this policy shall be subject to disciplinary action, up to and including dismissal.
 
IVROP designates the position identified below as its coordinator for nondiscrimination in employment (coordinator) to coordinate IVROP's efforts to comply with state and federal nondiscrimination laws and to answer inquiries regarding IVROP's nondiscrimination policies.  The coordinator may be contacted at:
 
Director of Human Services
687 State Street
El Centro, CA  92243
(760) 482-2600
complaint@ivrop.org
 
Measures to Prevent Discrimination
 
To prevent unlawful discrimination, harassment, and retaliation against in IVROP employment, the Superintendent or designee shall implement the following measures:
 
1. Publicize IVROP's nondiscrimination policy and regulation, including the complaint procedures and the coordinator's contact information by:  (5 CCR 4960; 34 CFR 100.6, 106.9)
 
a. Including them in each announcement, bulletin, or application form that is used in employee recruitment
 
b. Posting them in all IVROP facilities, including staff lounges and other prominent locations
 
c. Posting them on the IVROP's web site and providing easy access to them through IVROP-supported social media, when available
 
2. Disseminate IVROP's nondiscrimination policy to all employees by one or more of the following methods:  (2 CCR 11023)
 
a. Printing and providing a copy of the policy to all employees, with an acknowledgment form for each employee to sign and return
 
b. Sending the policy via email with an acknowledgment return form
 
c. Posting the policy on IVROP intranet with a tracking system ensuring all employees have read and acknowledged receipt of the policies
 
d. Discussing the policy with employees upon hire and/or during a new hire orientation session
 
e. Any other way that ensures employees receive and understand the policy
 
3. Provide to employees a handbook that contains information that clearly describes the IVROP's nondiscrimination policy, procedures for filing a complaint, and resources available to anyone who feels that he/she has been the victim of any discriminatory or harassing behavior.
 
4. Provide training to employees, volunteers, and interns regarding IVROP's nondiscrimination policy, including what constitutes unlawful discrimination, harassment, and retaliation and how and to whom a report of an incident should be made.
 
5. Periodically review IVROP's recruitment, hiring, and promotion processes and regularly monitor the terms, conditions, and privileges of employment to ensure IVROP compliance with law.
 
6. For any IVROP facility where 10 percent of employees have a language other than English as their spoken language, translate the policy into every language spoken by at least 10 percent of the workforce.
 
Complaint Procedure
 
Any complaint alleging unlawful discrimination or harassment shall be addressed in accordance with the following procedures:
 
1. Notice and Receipt of Complaint:  A complainant may inform his/her direct supervisor, another supervisor, the coordinator or the Superintendent.
 
The complainant may file a written complaint in accordance with this procedure, or if he/she is an employee, may first attempt to resolve the situation informally with his/her supervisor.
 
A supervisor who has received information about an incident of discrimination or harassment, or has observed such an incident, shall report it to the coordinator, whether or not the complainant files a written complaint.
 
The written complaint should contain the complainant's name, the name of the individual who allegedly committed the act, a description of the incident, the date and location where the incident occurred, any witnesses who may have relevant information, other evidence of the discrimination or harassment, and any other pertinent information which may assist in investigating and resolving the complaint.
 
2. Investigation Process:  The coordinator shall initiate an impartial investigation of an allegation of discrimination or harassment within five business days of receiving notice of the alleged discriminatory or harassing behavior, regardless of whether a written complaint has been filed or whether the written complaint is complete.
 
The coordinator shall meet with the complainant to describe IVROP's complaint procedure and discuss the actions being sought by the complainant in response to the allegation. The coordinator shall inform the complainant that the investigation of the allegations will be fair, timely, and thorough and will be conducted in a manner that provides all parties due process and reaches reasonable conclusions based on the evidence collected.  He/she shall also inform the parties that the investigation will be kept confidential to the extent possible, but that some information may be revealed as necessary to conduct an effective investigation.
 
If the coordinator determines that a detailed fact-finding investigation is necessary, he/she shall begin the investigation immediately. As part of this investigation, the coordinator should interview the complainant, the person accused, and other persons who could be expected to have relevant information.
 
The coordinator shall track and document the progress of the investigation to ensure reasonable progress and shall inform the parties as necessary.
 
When necessary to carry out his/her investigation or to protect employee safety, the coordinator may discuss the complaint with the Superintendent or designee, or IVROP’s legal counsel.
 
The coordinator also shall determine whether interim measures, such as scheduling changes, transfers, or leaves, need to be taken before the investigation is completed to ensure that further incidents are prevented. The coordinator shall ensure that such interim measures do not constitute retaliation.
 
3. Written Report on Findings and Corrective Action:  No more than 20 business days after receiving the complaint, the coordinator shall conclude the investigation and prepare a written report of his/her findings. This timeline may be extended for good cause. If an extension is needed, the coordinator shall notify the parties and explain the reasons for the extension.
 
The report shall include the decision and the reasons for the decision and shall summarize the steps taken during the investigation.  If a determination has been made that discrimination or harassment occurred, the report also shall include any corrective action(s) that have been or will be taken to address the behavior, , provide appropriate options for remedial actions and resolutions for the complainant, and ensure that retaliation or further discrimination or harassment is prevented.
 
The report shall be presented to the complainant, the person accused, and the Superintendent or designee.
 
4. Appeal to the Governing Board:  The complainant or the person accused may appeal any findings to the Board within 10 business days of receiving the written report of the coordinator's findings.  The Superintendent or designee shall provide the Board with all information presented during the investigation.  Upon receiving an appeal, the Board shall schedule a hearing as soon as practicable. Any complaint against an IVROP employee shall be addressed in closed session in accordance with law.  The Board shall render its decision within 10 business days.
 
Other Remedies
 
In addition to filing a discrimination or harassment complaint with IVROP, a person may file a complaint with either the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).  The time limits for filing such complaints are as follows:
 
1. To file a valid complaint with DFEH, within one year of the alleged discriminatory act(s), unless an exception exists pursuant to Government Code 12960.
 
2. To file a valid complaint directly with EEOC, within 180 days of the alleged discriminatory act(s) (42 USC 2000e-5).
 
3. To file a valid complaint with EEOC after first filing a complaint with DFEH, within 300 days of the alleged discriminatory act(s) or within 30 days after the termination of proceedings by DFEH, whichever is earlier (42 USC 2000e-5).
 
SEXUAL HARASSMENT – EMPLOYEES / JOB APPLICANTS 
(BP 4119.11/4219.11/4319/11)
 
The Governing Board prohibits sexual harassment of IVROP employees.  The Board also prohibits retaliatory behavior or action against IVROP employees or other persons who complain, testify or otherwise participate in the complaint process established pursuant to this policy and the administrative regulation. This policy shall apply to all IVROP employees and, when applicable, to interns, volunteers, and job applicants.
 
The Superintendent or designee shall take all actions necessary to ensure the prevention, investigation and correction of sexual harassment, including but not limited to:
 
1. Providing training to employees in accordance with law and administrative regulation.
 
2. Publicizing and disseminating the IVROP’s sexual harassment policy to staff.
 
3. Ensuring prompt, thorough and fair investigation of complaints.
 
4. Taking timely and appropriate corrective/remedial action(s), which may require interim separation of the complainant and the alleged harasser and subsequent monitoring of developments.
 
All complaints and allegations of sexual harassment shall be kept confidential to the extent necessary to carry out the investigation or take other subsequent necessary action.  (5 CCR 4964)
 
Any IVROP employee who feels that he/she has been sexually harassed or who has knowledge of any incident of sexual harassment by or against another employee shall immediately report the incident to his/her supervisor, an IVROP administrator or Superintendent.
 
A supervisor or other IVROP administrator who receives a harassment complaint shall promptly notify the Superintendent or designee.
 
Complaints of sexual harassment shall be filed in accordance with AR 4030 – Nondiscrimination in Employment.  An employee may bypass his/her supervisor in filing a complaint where the supervisor is the subject of the complaint.
 
Any IVROP employee who engages or participates in sexual harassment or who aids, abets, incites, compels, or coerces another to commit sexual harassment in violation of this policy is subject to disciplinary action, up to and including dismissal.
 
This administrative regulation shall apply to all allegations of sexual harassment involving employees, interns, volunteers, and job applicants, but shall not be used to resolve any complaint by or against a student.
 
Definitions
 
Prohibited sexual harassment includes, but is not limited to, unwelcome sexual 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 sex in the work or educational setting when:  (Education Code 212.5; 5 CCR 4916)
 
1. Submission to the conduct is made expressly or implicitly a term or condition of the individual's employment.
 
2. Submission to or rejection of the conduct is used as the basis for an employment decision affecting the individual.
 
3. Submission to or rejection of the conduct is used as the basis for any decision affecting the individual regarding benefits, services, honors, programs or activities available at or through IVROP.
 
Prohibited sexual harassment also includes conduct which, regardless of whether or not it is motivated by sexual desire, is so severe or pervasive as to unreasonably interfere with the victim's work performance or create an intimidating, hostile, or offensive work environment.
 
Examples of actions that might constitute sexual harassment in the work or educational setting, whether committed by a supervisor, a co-worker, or a non-employee, include, but are not limited to:
 
1. Unwelcome verbal conduct such as sexual flirtations or propositions;  graphic comments about an individual’s body; overly personal conversations or pressure for sexual activity; sexual jokes or stories; unwelcome sexual slurs; epithets, threats, innuendos, derogatory comments, sexually degrading descriptions, or the spreading of sexual rumors.
 
2. Unwelcome visual conduct such as drawings, pictures, graffiti, or gestures; sexually explicit e-mails; displaying sexually suggestive objects.
 
3. Unwelcome physical conduct such as massaging, grabbing, fondling, stroking or brushing the body; touching an individual's body or clothes in a sexual way; cornering, blocking, leaning over, or impeding normal movements.
 
Training
 
The Superintendent or designee shall ensure that all employees receive training regarding IVROP's sexual harassment policies when hired and periodically thereafter.  The training shall include the procedures for reporting and/or filing complaints involving an employee, employees' duty to use the IVROP's complaint procedures, and employee obligations when a sexual harassment report involving a student is made to the employee.
 
Every two years, the Superintendent or designee shall ensure that supervisory employees receive at least two hours of classroom or other effective interactive training and education regarding sexual harassment.  All such newly hired or promoted employees shall receive training within six months of their assumption of the new position.  (Government Code 12950.1)
 
A supervisory employee is any employee with the authority, in the interest of IVROP, to hire, transfer, suspend, lay off, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, adjust their grievances, or effectively recommend such action, when the exercise of the authority is not of a merely routine or clerical nature, but requires the use of independent judgment.  (Government Code 12926)
 
IVROP's sexual harassment training and education program for supervisory employees shall be aimed at assisting them in preventing and effectively responding to incidents of sexual harassment, as well as implementing mechanisms to promptly address and correct wrongful behavior.  The training shall include, but is not limited to, the following: (Government Code 12950.1; 2 CCR 11023)
 
1. Information and practical guidance regarding federal and state laws on the prohibition, prevention and correction of sexual harassment, the remedies available to sexual harassment victims in civil actions, and potential IVROP and/or individual exposure or liability.
 
2. The types of conduct that constitute sexual harassment and practical examples which illustrate sexual harassment, discrimination, and retaliation using training modalities such as role plays, case studies, and group discussions, based on factual scenarios taken from case law, news and media accounts, and hypotheticals based on workplace situations and other sources.
 
3. A supervisor's obligation to report sexual harassment, discrimination, and retaliation of which he/she becomes aware and what to do if the supervisor himself/herself is personally accused of harassment.
 
4. Strategies for preventing harassment, discrimination, and retaliation and appropriate steps to ensure that remedial measures are taken to correct harassing behavior, including an effective process for investigation of a complaint.
 
5. The essential elements of IVROP's anti-harassment policy, including the limited confidentiality of the complaint process and resources for victims of unlawful sexual harassment, such as to whom they should report any alleged sexual harassment, and how to use the policy if a harassment complaint is filed.
 
6. A copy of IVROP's sexual harassment policy and administrative regulation, which each participant shall acknowledge in writing that he/she has received.
 
7. The definition and prevention of abusive conduct that addresses the use of derogatory remarks, insults, or epithets, other verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, and the gratuitous sabotage or undermining of a person's work performance.
 
The Superintendent or designee shall retain for at least two years the records of any training provided to supervisory employees. Such records shall include the names of trained employees, date of the training, the type of training, and the name of the training provider.  (2 CCR 11023)
 
Notifications
 
A copy of the Board policy and this administrative regulation shall: (Education Code 231.5)
 
1. Be displayed in a prominent location in the main administrative building and other IVROP offices where notices of IVROP rules, regulations, procedures and standards of conduct are posted.
 
2. Be provided to every IVROP employee at the beginning of the calendar year or whenever a new employee is hired.
 
3. Appear in any IVROP publication that sets forth IVROP's comprehensive rules, regulations, procedures, and standards of conduct.
 
All employees shall receive either a copy of information sheets prepared by the California Department of Fair Employment and Housing (DFEH) or a copy of IVROP information sheets that contain, at a minimum, components on:  (Government Code 12950)
 
1. The illegality of sexual harassment.
 
2. The definition of sexual harassment under applicable state and federal law.
 
3. A description of sexual harassment, with examples.
 
4. IVROP's complaint process available to the employee.
 
5. The legal remedies and complaint process available through DFEH and the Equal Employment Opportunity Commission (EEOC).
 
6. Directions on how to contact the DFEH and the EEOC.
 
7. The protection against retaliation provided by 2 CCF 11021 for opposing harassment prohibited by law or for filing a complaint with or otherwise participating in an investigation, proceeding, or hearing conducted by DFEH and the EEOC.
 
In addition, IVROP shall post, in a prominent and accessible location, DFEH’s poster on discrimination in employment and the illegality of sexual harassment. (Government Code 12950)
 
COMPLAINTS 
(BP/AR 4144/4244/4344)
 
The Governing Board recognizes the need to establish a process to allow employees and job applicants to have their concerns heard in an expeditious and unbiased manner.  The Board expects that employees will make every effort to resolve complaints and disagreements informally before filing a formal complaint.
 
The Board prohibits retaliation against complainants.  The Superintendent or designee may keep a complainant’s identity confidential, except to the extent necessary to investigate the complaint.
 
All matters related to a complaint shall be kept confidential and any document, communication, or record regarding the complaint shall be placed in a separate file and shall not be placed in an employee’s personnel file.
 
Except as specified below, the following procedure shall be used for any complaint by an employee alleging misapplication of IVROP’s policies, regulations, rules, or procedures or for “whistleblower” complaints by an employee or job applicant regarding an improper IVROP activity including, but not limited to, an allegation of gross mismanagement, a significant waste of funds, an abuse of authority, or a specific danger to public health or safety.
 
In addition, information and complaints involving fraud, waste, abuse, criminal activity, mismanagement or gross waste of Workforce Innovation and Opportunity funds (WIOA) shall be reported in accordance with IVROP’s procedures for fraud, waste, abuse or criminal activity incident reporting
 
Complaints alleging unlawful discrimination of any basis specified in IVROP’s nondiscrimination policies, including complaints of sexual harassment, shall be resolved in accordance with IVROP’s procedure for complaints regarding discrimination in employment.
 
Complaints regarding unlawful discriminations in IVROP programs or IVROP’s failure to comply with state or federal laws regarding educational programs shall be resolved in accordance with IVROP’s Uniform Complaint Procedures.  
Any of the time limits specified in this procedure may be extended by written agreement between IVROP and complainant.
 
Step 1: Informal Complaint Process
 
Prior to instituting a formal, written complaint, the employee shall first discuss the issue with his/her supervisor.  Formal complaint procedures shall not be initiated until the employee has first attempted to resolve the complaint informally.
 
Step 2: Site Level Formal Complaint Process
 
If complaint has not been satisfactorily resolved through the informal process in Step 1, the complainant may file a written complaint with his/her immediate supervisor within 60 days of the act or even which is the subject of the complaint.  If an employee fails to file a written complaint within 60 days, the complaint shall be considered settled on the basis of the answer given at the preceding step.
 
In the written complaint, the employee shall specify the nature of the problem, including names, dates, locations, witnesses, the remedy sought by the employee, and a description of informal effort to resolve the issue.
 
Within 10 working days of receiving the complaint, the immediate supervisor shall conduct any necessary investigation and meet with the complainant in an effort to resolve the complaint.  Within five working days after the meeting, he/she shall prepare and send a written response to the complainant.
 
Step 3: IVROP Level Appeal
 
If a complaint has not been satisfactorily resolved at Step 2, the complainant may file the written complaint with the Superintendent or designee within five working days of receiving the written response from the immediate supervisor.  
The complainant shall include all information presented to the immediate supervisor at Step 2.
 
Within 10 working days of receiving the complaint, the Superintendent or designee shall conduct any necessary investigation, including reviewing the investigation and written response by the immediate supervisor at Step 2, and shall meet with the complainant in an effort to resolve the complaint.  Within five working days after the meeting, he/she shall prepare and send a written response to the complainant.
 
Step 4: Appeal to the Governing Board
 
If a complaint has not been satisfactorily resolved at Step 3, the complainant may file a written appeal to the Board within five working days of receiving the Superintendent or designee’s response.  All information presented at Steps 1, 2, and 3 shall be included with the appeal, and the Superintendent or designee shall submit to the Board a written report describing attempts to resolve the complaint and IVROP’s response.
 
The Board may uphold the findings by the Superintendent or designee without hearing the complaint or the Board may hear the complaint at a regular or special Board meeting.  The hearing shall be held in closed session if the complaint relates to matters that may be addressed in closed session in accordance with law.
 
The Board shall make its decision within 30 days of the hearing and shall mail its decision to all concerned parties.  The Board's decision shall be final.
 
FRAUD, WASTE, ABUSE OR CRIMINAL ACTIVITY INCIDENT REPORTING
 
Information and complaints involving criminal fraud, waste, abuse or other criminal activity and complaints of a noncriminal nature, such as mismanagement and gross waste of funds, shall be resolved in accordance to IVROP’s complaint procedures.  Incidents involving Workforce Innovation and Opportunity funds (WIOA) must immediately be reported, using the Incident Report form, to the Superintendent and/or designee:
 
Superintendent
Edwin P. Obergfell
687 State Street
El Centro, CA  92243
(760) 482-2644
complaint@ivrop.org Director of Human Services
Cecilia Duron
587 State Street
El Centro, CA  92243
(760) 482-2600
complaint@ivrop.org
 
IVROP will notify the funding entity of any suspected or proven incidents and within one workday of detection or discovery of information alleging fraud, abuse, or other criminal activity involving WIOA funds, IVROP shall prepare and submit a written incident report to both of the following:
 
Mail to:
Attention:  Compliant Resolution Unit
Compliance Review Office, MIC 22
Employment Development Department
P.O. Box 826880
Sacramento, CA
 
Online, by phone, by fax or mail to:
Office of Inspector General
Complaints Analysis Office
200 Constitution Avenue, N.W., Room S-5506
Washington, D.C. 20210
www.oig.dol.gov/hotlinecontact.htm
(800) 347-3756 phone
(202) 693-7020 fax
 
Allegations considered to be of an emergency nature may be reported by telephone to the Compliant Resolution Unit Supervisor at (916) 653-0298 and by calling the OIG Hotline at 1(800) 347-3756 and followed immediately thereafter by a written incident.
 
Action will not be taken against any complainant for disclosing information concerning criminal or improper activities or making a valid complaint to proper authorities.  Complainants may remain anonymous.  If a complainant considers that his or her position will be compromised by reporting information via an incident report, he or she may send the report directly to the OIG.
 
NONDISCRIMINATION IN IVROP PROGRAMS AND ACTIVITIES 
(BP 0410)
 
The Governing Board is committed to providing equal opportunity for all individuals in education.  IVROP programs, activities, and practices shall be free from unlawful discrimination,  including discrimination against an individual or group based on race, color,  ancestry, nationality, national origin, ethnic group identification, age, religion, marital,  pregnancy, or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity or expression, or genetic information; a perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics.
 
IVROP programs and activities shall also be free of any racially derogatory or discriminatory program or team names, mascots, or nicknames.
 
Annually, the Superintendent or designee shall review IVROP programs and activities to ensure the removal of any derogatory or discriminatory name, image, practice, or other barrier that may unlawfully prevent an individual or group in any of the protected categories stated above from accessing IVROP programs and activities. He/she shall take prompt, reasonable actions to remove any identified barrier. The Superintendent or designee shall report his/her findings and recommendations to the Board after each review.
 
All allegations of unlawful discrimination in IVROP programs and activities shall be investigated and resolved in accordance with the procedures specified in IVROP’s Uniform Complaint Procedures (UCP).
 
Pursuant to 34 CFR 104.8 and 34 CFR 106.9, the Superintendent or designee shall notify students, participants, parents/guardians, employees, employee organizations, applicants for admission and employment, and sources of referral for applicants about IVROP's policy on nondiscrimination and related complaint procedures. Such notification shall be included in each announcement, bulletin, catalog, handbook, application form, or other materials distributed to these groups and, as applicable, to the public. As appropriate, such notification shall be posted in IVROP facilities and offices, including staff lounges, student / participant meeting rooms, and other prominent locations and shall be posted on IVROP's web site and, when available, IVROP-supported social media.
 
IVROP's nondiscrimination policy and related informational materials shall be published in a format that parents/guardians can understand. In addition, when 15 percent or more of a IVROP's students speak a single primary language other than English, those materials shall be translated into that other language.
 
Access for Individuals with Disabilities
 
IVROP programs and facilities, viewed in their entirety, shall be in compliance with the Americans with Disabilities Act and any implementing standards and/or regulations. When structural changes to existing IVROP facilities are needed to provide individuals with disabilities access to programs, services, activities, or facilities, the Superintendent or designee shall develop a transition plan that sets forth the steps for completing the changes.
 
The Superintendent or designee shall ensure that IVROP provides auxiliary aids and services when necessary to afford individuals with disabilities equal opportunity to participate in or enjoy the benefits of a service, program or activity.  These aids and services may include, but are not limited to, qualified interpreters or readers, assistive listening devices, notetakers, written materials, taped text, and Braille or large print materials. Individuals with disabilities shall notify the Superintendent or administrator if they have a disability that requires special assistance or services.  Reasonable notification should be given prior to the IVROP-sponsored function, program or meeting.
 
The Superintendent or designee shall notify students, participants, parents/guardians, employees, employee organizations and applicants for admission and employment, and sources of referral for applicants about IVROP’s policy on nondiscrimination.  Such notification shall be included in each announcement, bulletin, catalog, application form or other recruitment materials distributed to these groups.  (34 CFR 104.8, 106.9)
 
The individual identified in the UPC as the employee responsible for coordinating IVROP's response to complaints and for complying with state and federal civil rights laws is hereby designated as IVROP's ADA coordinator. He/she shall receive and address requests for accommodation submitted by individuals with disabilities, and shall investigate and resolve complaints regarding their access to IVROP programs, services, activities, or facilities.
 
Director of Human Services
687 State Street
El Centro, CA  92243
(760) 482-2600
complaint@ivrop.org
 
SEXUAL HARASSMENT – STUDENTS / PARTICIPANTS 
(BP 5145.7)
 
The Governing Board is committed to maintaining a safe environment that is free from harassment and discrimination. The Board prohibits, at IVROP-sponsored or IVROP-related activities, sexual harassment targeted at any student or participant by anyone. The Board also prohibits retaliatory behavior or action against any person who reports, files a complaint or testifies about, or otherwise supports a complainant in alleging sexual harassment.
 
IVROP strongly encourages any student or participant who feels that he/she is being or has been sexually harassed on IVROP grounds or at a IVROP-sponsored or IVROP-related activity by another student, participant or an adult who has experienced off-premise sexual harassment that has a continuing effect on IVROP premises to immediately contact his/her teacher, a supervisor, or any other available IVROP employee. Any employee who receives a report or observes an incident of sexual harassment shall notify a supervisor or a IVROP compliance officer. Once notified, the supervisor or compliance officer shall take the steps to investigate and address the allegation, as specified in the accompanying administrative regulation.
 
The Superintendent or designee shall take appropriate actions to reinforce IVROP's sexual harassment policy.
 
Information
 
The Superintendent or designee shall ensure that all IVROP students and participants receive age-appropriate information on sexual harassment. Such information shall include:
 
1. What acts and behavior constitute sexual harassment, including the fact that sexual harassment could occur between people of the same sex and could involve sexual violence
 
2. A clear message that students and participants do not have to endure sexual harassment under any circumstance
 
3. Encouragement to report observed incidents of sexual harassment even where the alleged victim of the harassment has not complained
 
4. A clear message that student and participant safety is IVROP's primary concern, and that any separate rule violation involving an alleged victim or any other person reporting a sexual harassment incident will be addressed separately and will not affect the manner in which the sexual harassment complaint will be received, investigated, or resolved
 
5. A clear message that, regardless of a complainant's noncompliance with the writing, timeline, or other formal filing requirements, every sexual harassment allegation that involves a student or participant, whether as the complainant, respondent, or victim of the harassment, shall be investigated and prompt action shall be taken to stop any harassment, prevent recurrence, and address any continuing effect on students or participants
 
6. Information about IVROP's procedure for investigating complaints and the person(s) to whom a report of sexual harassment should be made
 
7. Information about the rights of students, participants and parents/guardians to file a civil or criminal complaint, as applicable, including the right to file a civil or criminal complaint while IVROP investigation of a sexual harassment complaint continues
 
8. A clear message that, when needed, IVROP will take interim measures to ensure a safe environment for a student or participant who is the complainant or victim of sexual harassment and/or other students or participants during an investigation and that, to the extent possible, when such interim measures are taken, they shall not disadvantage the complainant or victim of the alleged harassment
Complaint Process and Disciplinary Actions
 
Sexual harassment complaints by and against students or participants shall be investigated and resolved in accordance with law and IVROP’s UPC. Supervisors are responsible for notifying students, participants and parents/guardians that complaints of sexual harassment can be filed under AR 1312.3 and where to obtain a copy of the procedures.
 
Upon investigation of a sexual harassment complaint, any student or participant found to have engaged in sexual harassment or sexual violence in violation of this policy shall be subject to disciplinary action. 
 
Upon investigation of a sexual harassment complaint, any employee found to have engaged in sexual harassment or sexual violence toward any student or participant shall have his/her employment terminated in accordance with law.
 
Record-Keeping
 
The Superintendent or designee shall maintain a record of all reported cases of sexual harassment to enable IVROP to monitor, address, and prevent repetitive harassing behavior on IVROP premises.
 
IVROP designates the following individual(s) as the responsible employee(s) to coordinate its efforts to comply with Title IX of the Education Amendments of 1972 and California Education Code 234.1, as well as to investigate and resolve sexual harassment complaints IVROP’s UPC. The coordinator/compliance officer(s) may be contacted at:
 
Director of Human Services
687 State Street
El Centro, CA  92243
(760) 482-2600
complaint@ivrop.org
 
Prohibited sexual harassment includes, but is not limited to, unwelcome sexual 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 sex in the educational setting, under any of the following conditions:  (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 or participant’s academic or program status or progress.
 
2. Submission to or rejection of the conduct by a student or participant is used as the basis for academic or program decisions affecting the student or participant.
 
3. The conduct has the purpose or effect of having a negative impact on the student's or participant’s academic or program performance or of creating an intimidating, hostile, or offensive educational environment.
 
4. Submission to or rejection of the conduct by the student or participant is used as the basis for any decision affecting the student or participant regarding benefits and services, honors, programs, or activities available at or through any IVROP program or activity.
 
Examples of types of conduct which are prohibited in IVROP and which may constitute sexual harassment include, but are not limited to:
 
1. Unwelcome leering, sexual flirtations, or propositions
 
2. Unwelcome 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, derogatory posters, notes, stories, cartoons, drawings, pictures, obscene gestures, or computer-generated images of a sexual nature
 
5. Spreading sexual rumors
 
6. Teasing or sexual remarks about students or participants enrolled in a predominantly single-sex class or program
 
7. Massaging, grabbing, fondling, stroking, or brushing the body
 
8. Touching an individual's body or clothes in a sexual way
 
9. Impeding or blocking movements or any physical interference with IVROP activities when directed at an individual on the basis of sex
 
10. Displaying sexually suggestive objects
 
11. Sexual assault, sexual battery, or sexual coercion
 
12. Electronic communications containing comments, words, or images described above
 
Any prohibited conduct that occurs off premises or outside of IVROP-related or IVROP-sponsored programs or activities will be regarded as sexual harassment in violation of IVROP policy if it has a continuing effect on or creates a hostile IVROP environment for the complainant or victim of the conduct.
 
Reporting Process and Complaint Investigation and Resolution
 
Any student or participant who believes that he/she has been subjected to sexual harassment by another student, participant, an employee, or a third party or who has witnessed sexual harassment is strongly encouraged to report the incident to his/her teacher, a supervisor, or any other available IVROP employee. Within one business day of receiving such a report, the IVROP employee shall forward the report to their supervisor or IVROP's compliance officer identified in  IVROP’s UCP. In addition, any IVROP employee who observes an incident of sexual harassment involving a student or participant shall, within one business day, report his/her observation to their supervisor or the IVROP compliance officer. The employee shall take these actions, whether or not the alleged victim files a complaint.
When a report or complaint of sexual harassment involves off-premises conduct, the supervisor shall assess whether the conduct may create or contribute to the creation of a hostile IVROP environment. If he/she determines that a hostile environment may be created, the complaint shall be investigated and resolved in the same manner as if the prohibited conduct occurred at IVROP.
 
When a verbal or informal report of sexual harassment is submitted, the supervisor or compliance officer shall inform the student, participant or parent/guardian of the right to file a formal written complaint in accordance with IVROP's UCP. Regardless of whether a formal complaint is filed, the supervisor or compliance officer shall take steps to investigate the allegations and, if sexual harassment is found, shall take prompt action to stop it, prevent recurrence, and address any continuing effects.
 
If a complaint of sexual harassment is initially submitted to the supervisor, he/she shall, within two business days, forward the report to the compliance officer to initiate investigation of the complaint.  The compliance officer shall contact the complainant and investigate and resolve the complaint in accordance with law and IVROP procedures specified in IVROP’s UCP.
 
In investigating a sexual harassment complaint, evidence of past sexual relationships of the victim shall not be considered, except to the extent that such evidence may relate to the victim's prior relationship with the respondent.
 
In any case of sexual harassment involving the supervisor, compliance officer, or any other person to whom the incident would ordinarily be reported or filed, the report may instead be submitted to the Superintendent or designee who shall determine who will investigate the complaint.
 
Confidentiality
 
All complaints and allegations of sexual harassment shall be kept confidential except as necessary to carry out the investigation or take other subsequent necessary action.  (5 CCR 4964)
 
However, when a complainant or victim of sexual harassment notifies IVROP of the harassment but requests confidentiality, the compliance officer shall inform him/her that the request may limit IVROP's ability to investigate the harassment or take other necessary action. When honoring a request for confidentiality, IVROP will nevertheless take all reasonable steps to investigate and respond to the complaint consistent with the request.
 
When a complainant or victim of sexual harassment notifies IVROP of the harassment but requests that IVROP not pursue an investigation, IVROP will determine whether or not it can honor such a request while still providing a safe and nondiscriminatory environment for all students and participants.
 
Response Pending Investigation
 
When an incident of sexual harassment is reported, the supervisor or designee, in consultation with the compliance officer, shall determine whether interim measures are necessary pending the results of the investigation. The supervisor/designee or compliance officer shall take immediate measures necessary to stop the harassment and protect students and participants and/or ensure their access to the educational program. To the extent possible, such interim measures shall not disadvantage the complainant or victim of the alleged harassment. Interim measures may include placing the individuals involved in separate classes or project activities, or transferring a student or participant to a class or project facilitated by a different employee, in accordance with law and Board policy. IVROP should notify the individual who was harassed of his/her options to avoid contact with the alleged harasser and allow the complainant to change academic and extracurricular arrangements as appropriate. IVROP should also ensure that the complainant is aware of the resources and assistance, such as counseling, that are available to him/her.  As appropriate, such actions shall be considered even when a student or participant chooses to not file a formal complaint or the sexual harassment occurs off IVROP grounds or outside IVROP-sponsored or IVROP-related programs or activities.
 
Notifications
 
A copy of IVROP's sexual harassment policy and regulation shall:
 
1. Be included in the notifications that are sent to parents/guardians at the beginning of each program  (Education Code 48980; 5 CCR 4917)
 
2. Be displayed in a prominent location in the main administrative building or other area where notices of IVROP rules, regulations, procedures, and standards of conduct are posted  (Education Code 231.5)
 
A copy of IVROP's sexual harassment policy and regulation shall be posted on IVROP web sites and, when available, on IVROP-supported social media
 
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