DISTRICT EQUAL OPPORTUNITY
Grossmont Union High School District
2013 - 14 ANNUAL NOTIFICATION
PLEASE READ
ALL EMPLOYEES
_____________________________________________________________________________________________
Your rights as an employee are protected by federal and state laws and regulations. To help make you aware of your rights, the District
is providing notice in compliance with these laws and regulations. If you have any questions or need to clarify something you read here,
please contact your immediate supervisor or the Associate Administrator, Human Resources. A copy of the District’s policy and
complaint procedures may be obtained from the District free of charge.
Nondiscrimination Philosophy and Policy Statement
The Grossmont Union High School District is an equal
opportunity employer and is committed to an active
Nondiscrimination Program. It is the stated policy of the
Grossmont Union High School District that harassment is
prohibited and that all employees and applicants shall receive
equal consideration and treatment. All recruitment, hiring,
placements, transfers, and promotions, will be on the basis of
qualifications of the individual for the positions being filled
regardless of Sex, Race, Color, Ancestry, Religious Creed,
National Origin, Physical Disability (Including HIV and AIDS),
Mental Disability, Medical Condition (Cancer), Age (Over 40),
COMPLAINT PROCEDURES
Level I
The complainant shall first meet informally with the
principal/site supervisor of the school where the alleged
discriminatory act occurred. Complaints must be initiated no
later than six months from the date when the alleged
discrimination occurred or when the complainant first
obtained knowledge of the facts of the alleged
discrimination. A complaint regarding discrimination away
from a school site should be discussed informally with an
administrator selected by the Superintendent. If the
complainant’s concerns are not clear or cannot be resolved
through informal discussion, the principal or other administrator
shall prepare, within ten(10) working days, a written summary
of his/her meeting(s) with the complainant.
Level II
If a complaint cannot be satisfactorily resolved at Level I, the
complainant may submit a formal written complaint to the
Assistant Superintendent, Human Resources, or the Human
Resources Director within ten (10) days of his/her attempt to
resolve the complaint informally. The written complaint shall
include the following:
1. The complainant’s signature or that of his/her
representative.
2. The complainant’s name, address, and telephone number.
3. The name and work site of the District staff member who
committed the alleged violation.
4. A description of the allegedly discriminatory act(s) or
omission(s).
5. The discriminatory basis alleged.
6. A specific description of the time, place, nature, participants
in and witnesses to the alleged violation.
7. Other pertinent information which may assist in
investigating and resolving the complaint.
The Associate Administrator, Human Resources, or the Human
Resources Director, Classified, shall respond to the
complainant in writing within ten (10) working days.
SEXUAL HARASSMENT
The Grossmont Union High School District recognizes that
harassment on the basis of sex is a violation of both federal and
state employment discrimination laws as well as District Policy
and Administrative Regulations. The District is committed to
providing all employees with a work environment free from
sexual harassment, and will not tolerate such conduct on the
part of any District employee or student.
Any employee or prospective employee with a complaint of
sexual harassment should implement these complaint
procedures as soon as possible. These procedures are
designed to effectively manage the investigatory process while
protecting the rights of both the complainant and respondent.
The detailed nature of the procedure is to ensure the process is
clear and understandable. Any person with questions or
concerns about the process may, at any time, ask for
assistance from the Assistant Superintendent, Human
Resources. No individual will suffer reprisals for reporting
any incidents of sexual harassment or making any
complaints.
The District will promptly and thoroughly investigate any
complaints of sexual harassment, and will take expeditious
action to resolve such complaints, in accordance with these
procedures.
(Title IX) COORDINATOR
Steve Sonnich, Associate Administrator
Human Resources
GROSSMONT UNION HIGH SCHOOL DISTRICT
1100 Murray Drive, P.O. Box 1043
La Mesa, CA 91944
(619) 644-8019
Marital Status, Sexual Orientation, and Denial of Family Care
Leave.
To achieve the goals of our Nondiscrimination Program, it is
necessary that each member of this District understand the
importance of the program and his or her individual responsibility
to contribute toward its maximum fulfillment. Each employee of
the District making decisions affecting employment shall fully
comply with the District’s nondiscrimination policy.
Grossmont Union High School District will update and reaffirm
this EEO Policy Statement annually.
HERE IS WHAT TO DO IF YOU
BELIEVE THAT YOU HAVE BEEN DISCRIMINATED AGAINST
Level III
If the complaint cannot be resolved at Level II, the complainant
may present the complaint to the Superintendent or designee
within ten days. The Superintendent or designee shall review
the Level II investigation file, including the written complaint
and all responses from District staff. The Superintendent or
designee shall respond to the complainant in writing within ten
(10) working days.
If the Superintendent or designee finds it necessary to conduct
further investigation, he/she may designate up to ten (10)
additional working days for such investigation and shall
respond to the complainant in writing within ten (10) days of
completing the investigation.
Level IV
If the matter is not resolved at Level III, the complainant may
file a written appeal to the Governing Board within ten (10)
working days after receiving the Level III response. The
Superintendent or designee shall provide the Board with all
information presented at previous levels.
The Board may grant a hearing. Any complaint against a
District employee shall be conducted in closed session as a
personnel matter. The Board shall render a decision in writing
within ten (10) school days of the decision.
Alternate Steps
The existence of this complaint procedure does not affect the
right of any individual or group to file a complaint with the
(state) Department of Fair Employment and Housing (DFEH)
and/or the (federal) Equal Employment Opportunity
Commission (EEO
Sexual Harassment consists of unwelcome sexual advances,
requests for sexual favors, and verbal, visual, or physical
conduct of a sexual or gender-based nature made by someone
from or in the work or educational setting. Sexual Harassment
may be considered to occur under any of the following
conditions:
1. Submission to the conduct is explicitly or implicitly made a
term or condition of any individual’s employment or
education program; and/or,
2. Submission to or rejection of such conduct by an individual
is used as the basis for an employment or educational
decision affecting the individual; and/or,
3. The conduct has the purpose or effect of unreasonably
interfering with an individual’s work or academic
performance or creating an intimidating, hostile, or offensive
working or educational environment, or of adversely
affecting the student’s or employee’s performance,
evaluation, advancement, assigned duties, or any other
condition of education, employment, or career development.
4. 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, assignment, programs,
or activities available in the work environment or through the
education institution.
Forms of sexual harassment include, but are not limited to:
1. Deliberate written or oral comments, gestures, or physical
contacts of a sexual nature or demeaning to one’s gender
which are unwelcome and/or interfere with work productivity.
COMPLAINT PROCEDURES
Any employee or applicant who believes he or she has been
subjected to sexual harassment should immediately inform any
supervisor. The Associate Administrator, Human Resources,
and the Human Resources Director are hereby designated as
the District’s complaint officers for all matters related to
supervision and enforcement of the District’s sexual
harassment policy. In the event the complaint involves the
Superintendent or a Governing Board member, it will be turned
over to an external designee for investigation.
Any supervisor or administrator who receives information from
a complaint or otherwise that sexual harassment has allegedly
occurred should immediately notify the District’s complaint
officers. Where the complainant expresses a desire not to have
the complaint immediately reported, the supervisor or
administrator should ensure the complainant receives a copy
of the District’s Administrative Regulation (AR 4119.11) and is
informed of available assistance.
The District offers several alternatives for dealing with sexual
harassment problems. Those listed below begin with the most
informal suggestions and procedures and continue through a
formal complaint process. Employees and applicants for
employment are encouraged to resolve complaints at the most
informal level possible. The immediate supervisor, principal, or
complaint officers shall assist employees or applicants for
employment in determining which option will best serve to
resolve the problem.
Informal Complaints. Any employee or applicant for
employment may lodge an informal complaint with his/her
principal, supervisor, or a complaint officer. If the complainant
and the respondent appear willing to resolve the complaint
informally, the complaint officer or designee will attempt
informal resolution. If such informal attempts to resolve the
complaint are unsuccessful, or the complaint officer feels that
an informal complaint is inappropriate, the complainant or the
complaint officer can begin the formal process.
Formal Complaints
1. Filing. A formal written complaint may be filed by any
employee, applicant for employment, or a complaint
officer, and it should be filed expeditiously. A complaint
form must be filed with the District within 180 days of the
incident or pattern of offensive conduct. If the
complainant has attempted to resolve the complaint
informally, the formal written complaint must be filed
within ten (10) working days of the failure of that attempt.
2. Notification of the Respondent. The complaint officer or
designee will serve a copy of the complaint to the
respondent within five (5) working days of its filing with
the District. The respondent has ten (10) working days
after receipt of the complaint to respond in writing to the
complaint officer or designee. The complainant will then
be contacted and given a copy of the response.
3. Mediation. If the complaint is of a nature that would not
warrant further investigation, the complaint officer or
designee may suggest mediation to the parties. If the
complainant and the respondent both agree to attempt to
mediate the complaint, the complaint officer or designee
will arrange mediation. If the mediation does not resolve
CIVIL LAW REMEDIES
Pursuant to California Education Code (Article 6, Section 262.3), persons who have filed a complaint with an educational institution are
advised that civil law remedies, including but not limited to, injunctions, restraining orders, or other orders, may also be available to
them.
The U.S. Department of Education, office for Civil Rights, enforces compliance with Section 504, the ADA, and Title IX, and may be
contacted for assistance with complaints relating to these laws and their regulations. The (state) Department of Fair Employment and
Housing (DFEH) and/or the (federal) Equal Employment Opportunity Commission (EEOC) are agencies that enforce compliance with
state and federal laws and regulations protecting individuals from employment discrimination and may be contacted for assistance with
complaints of employment discrimination.
A copy of the District’s policy and complaint procedures may be obtained from the District free of charge.
2. Implicit or explicit sexual behavior by an employee,
supervisor, or coworker which has the effect of controlling,
influencing, or otherwise affecting the job, salary, project,
performance evaluation, opportunity or employment, or
career of an employee, or nondistrict affiliated applicant for
employment.
3. Unwelcome suggestive, vulgar, or obscene letters, notes,
posters, calendars, or other visual products, or derogatory
comments, slurs, and/or jokes of a sexual nature.
HERE IS WHAT TO DO IF YOU
BELIEVE THAT YOU HAVE BEEN SEXUALLY HARASSED
the complaint within thirty (30) days, or if either party
does not agree to mediation, the complaint officer or
designee will begin the formal investigation of the matter.
4. Investigation. The complaint officer or designee has sixty
(60) days from the time the complaint is filed in which to
complete an investigation. Both the complainant and the
respondent will be asked for all documents or evidence
they have pertaining to the complaint, and a list of people
who they feel have knowledge of the behavior alleged in
the complaint. The investigation is to be conducted
impartially and in a gender sensitive manner. When
appropriate, an investigator or interviewer of the same
gender as the witness will be assigned.
5. Findings. The complaint officer or designee will review
the factual information gathered through the
investigation. The complaint officer or designee will
prepare a written report containing the factual findings,
determinations, and recommendations for action within
ten (10) days from the conclusion of the investigation.
6. Subsequent Action. If illegal harassment or other
inappropriate conduct has occurred, the complaint officer
or designee will take and/or recommend to the Governing
Board prompt and effective remedial action. The action
will be commensurate with the severity of the offense.
The complaint officer or designee will communicate the
findings of the investigation and the action taken, if any,
to the complainant and respondent as expeditiously as
possible.
7. Review Process. Superintendent. If either the
complainant or respondent are dissatisfied with the
outcome of the investigation, findings, determinations or
subsequent action, s/he may submit a request for a
review of the investigation, findings, determinations, or
subsequent action to the Superintendent within ten (10)
working days from receipt of the decision of the complaint
officer or designee. The request for review should
indicate with specificity the basis for a request for review.
The Superintendent shall investigate the appeal and
prepare a written decision within thirty (30) days of
receipt of the request for review.
Governing Board. If either the complainant or respondent
are dissatisfied with the decision of the Superintendent,
s/he may submit a request for a review of the decision
within ten (10) working days from receipt of the decision
of the Superintendent. The request for review should
indicate with specificity the basis for a request for review.
The Governing Board will review the complaint officer’s
or designee’s report and all written materials upon which
the report is based, as well as the Superintendent’s
decision and all written materials upon which this
decision is based. The Governing Board may conduct
further investigation if warranted. Within thirty (30) days
of receipt of the request for review, the Governing Board
will issue a written decision.
8. Sanctions. If there is a determination that sexual
harassment or other inappropriate behavior has
occurred, the District will impose sanctions
commensurate with the severity of the misconduct.
TITLE IX;EENOTICE.967