Restorative Justice/ Harassment

Dr. WiechmannChild Welfare and Attendance SUSD

Restorative Justice Review

• Whole purpose is meaningful discipline and changing behavior.

• The system has moved passed the “easy way” to a way that focuses on teachable moments, empathy, and giving back.

• This will be our second full year moving down this path and ties into PBIS.

Specifics to SUSD

• Number of cases that were process and paperwork sent to CWA office– 91 cases with paper work filled out– 153 days of academic instruction saved– Offenses ranged from defiance, to drugs/alcohol,

to fighting, to damage of school property.– Majority of interventions were community service,

counseling, then write apology letter.

Next Steps

• Move the SUSD system towards empathy and understanding of how a students behavior effects others.

• This means making sure the alternative consequences matches the offense.

• Do this by continuing what we have done, but increase apology letters, essays, and presenting these to the appropriate people.

Next Steps

• Also must make sure that we are all on the same page. Very similar issues to what I have seen with perfect attendance.

• Best way to do this is PLC’s with you AIM meeting, but anytime an offense requires a danger hearing contact CWA. Some offenses (48915 c) have very little flexibility with RJ.

• Other offenses that do not require a danger hearing should have decision based upon the students history, positive and negative, and be meaningful.

• Reminder, no stand alone suspension for k violations k-3, and no expulsions for k violations k-12.

Final Thoughts

• As we move down this path we will continue to follow the students for success. This year we had around 10 students who did not complete and ultimately went back into the system. So we had a very good year rate of non-recidivism. Again this is based upon forms completed and returned to my office.

• This year all forms will need to be completed and submitted. I have restructured some of my staff to monitor this more closely

Sexual Harassment/ Bullying

• This is now a none negotiable and data must be turned in by the end of the year.

• Based upon legal changes we updated our reporting forms 2.5 years ago.

• Yes it is more work, but it is the law. The forms and process were created and built upon the work that you had already been doing.

What the law states:

• California Education Code Section 200 • It is the policy of the State of California to afford all persons in

public schools, regardless of their disability, gender ,gender identity, gender expression nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, equal rights and opportunities in the educational institutions of the state.

• All employees have a duty to report any violations that they witness. We can not turn a bind eye. Kid’s will just be kid’s will get you in trouble. AB9 requires school staff to immediately intervene when safe (bullying and harassment)

California Education Code Section 200 It is the policy of the State of California to afford all persons in public schools, regardless of their disability, gender ,gender identity, gender expression nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, equal rights and opportunities in the educational institutions of the state.

• Penal Code Section 422.55.• "Hate crime" means a criminal act committed, in whole or in part,

because of one or more of the following actual or perceived characteristics of the victim:

• Disability.• Gender.• Nationality.• Race or ethnicity.• Religion.• Sexual orientation.• Association with a person or group with one or more of these

actual or perceived characteristics.

California Education Code Section 201

• Provides legislative declarations in support of the policy, such as:• students in public schools are entitled to participate fully in the educational

process free from discrimination ,harassment, intimidation, and bullying,• • public schools are to take affirmative steps to combat racism, sexism, and

other forms of bias,• • prevent and respond to acts of hate violence and bias-related incidents in an

urgent manner,• • teach and inform students about their rights and rights of others in order to

increase awareness and understanding in order to promote tolerance and sensitivity.

California Education Code Section 220.

• Prohibits discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code

• The California Code of Regulations, Title 5, Chapter 5.1, Section 4600, et seq. establishes Uniform Complaint Procedures to be followed for complaints of discrimination, harassment, intimidation and bullying. The regulations require:

Process

• The complaint must first be filed with the school district; follow the directions, steps and time lines in the district’s complaint procedures; if there are questions about the procedures, ask for the name of the person responsible for handling discrimination, harassment, intimidation, and bullying complaints; contact the person for questions and clarification.

• Our first line is school site personnel.

• The complaint must be written and can be filed by a student, parent, or interested parties or organizations; it must be filed within six months of the date of the alleged discrimination and/or harassment, or when knowledge was first acquired.

• The district has 60 days to complete an investigation into the allegations and prepare a final written report that is to be sent to the person(s) that filed the complaint; during this process, an opportunity to submit evidence is provided.

• SUSD has established the ability to use a formal complaint or an informal complaint. We require a signature for the use of the informal complaint.

• This process for us is triggered anytime a violation may relate to harassment, sexual harassment or bullying. School should already be doing investigations when these are reported. New process are set to ensure we are.

• Once filed a determination needs to be made. Legal terminology is going to be “unfounded” or “founded”.

• The process also allows us to communicate with the victim and offender about what district is doing as far as discipline and intervention. Still must be aware of FERPA.

• OCR will be collecting data on this for the 201-2016 school year. They are also going to want this information desegregated by ethnicity and other demographics.

• Key to interpretation, wanted or unwanted? Severity has moved to a “normal” person interpretation.

• Education code provides guidance on bullying

Bullying

• (A) Placing a reasonable pupil or pupils in fear • of harm to that pupil's or those pupils' person or

property. (B) Causing a reasonable pupil to experience a substantially detrimental effect on his or her physical or mental health. (C) Causing a reasonable pupil to experience substantial interference with his or her academic performance.

• (D) Causing a reasonable pupil to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by a school.

Sexual Harassment

• Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. It includes, but is not limited to, circumstances in which:

• submission to such conduct is made either explicitly or implicitly a part of the academic environment;

• submission to or rejection of such conduct by a student is used as the basis for grading, evaluation, or supervision decisions affecting a student; or

• such conduct has the purpose or effect of unreasonable interference with a student's academic performance or creates an intimidating, hostile or offensive learning environment.

Link to Safe School Plans

• Your district should be covering this with training and updates. The safe school plan requires this to be addressed for all employees. Many districts are moving to electronic/web based training. Check with your district and check with your policies.

• Failure to follow policy is one of the areas where you could be personally held liable. Deliberate indifference will get you in trouble legally.

Questions