All Personnel – Nondiscrimination In Employment

San Francisco Unified School District and County Office of Education

Administrative Regulation 4030

Nondiscrimination In Employment

 

This Administrative Regulation applies to the San Francisco Unified School District and the County Office of Education.

 

The procedure specified in this administrative regulation shall be used to investigate and resolve the following, any complaint by an employee alleging discrimination in employment, including those involving an intern, volunteer, or job applicant, 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 or veteran status, gender, gender identity, gender expression, sex, or sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. 

 

The District designates the position identified below as its coordinator for nondiscrimination in employment (coordinator) to coordinate the District’s efforts to comply with state and federal nondiscrimination laws and to answer inquiries regarding the District’s nondiscrimination policies. 

 

The coordinator may be contacted at:

 

Director of Employee Relations

555 Franklin St.

San Francisco, CA 94102

415-241-6101

Email: employeerelations@sfusd.edu

 

Measures to Prevent Discrimination

 

To prevent unlawful discrimination, harassment, and retaliation in District employment, the Superintendent or designee shall implement the following measures:
 

1. Display in a prominent and accessible location at every work site where the District has employees, and post electronically in a conspicuous location on computers for employee use, up-to-date California Department of Fair Employment and Housing (DFEH) posters on the prohibition of workplace discrimination and harassment, the rights on transgender employees, and the rights and obligations of employees who are pregnant, have a related medical condition, or are recovering from childbirth. (Government Code 12950; 2 CCR 11013, 11023, 11049)

    

   (cf. 4119.11/4219.11/4319.11 – Sexual Harassment)
   (cf. 4161.8/4261.8/4361.8 – Family Care and Medical Leave)
    

2. Publicize the District’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)
    

   1. Including them in each announcement, bulletin, or application form that is used in employee recruitment;

   2. Posting them in all District schools and offices, including staff lounges and other prominent locations;

   3. Posting them on the District’s web site and providing easy access to them through District-supported social media, when available.       
       

(cf. 1113 – District and School Web Sites)

(cf. 1114 – District-Sponsored Social Media)

(cf. 4111/4211/4311 – Recruitment and Selection)

 

3. Disseminate the District’s nondiscrimination policy and administrative regulation to all employees by one or more of the following methods:  (2 CCR 11023

 

1. Printing and providing copies to all employees, with an acknowledgement form for each employee to sign and return
    
2. Sending a copy via email with an acknowledgement return form
    
3. Posting a copy on the District intranet with a tracking system ensuring all employees have read and acknowledged receipt of the policies
    
4. Discussing the policy and regulation with employees upon hire and/or during a new hire orientation session
    
5. Any other way that ensures employees receive and understand the policy

 

 

4. Provide to employees a handbook which contains information that clearly describes the District’s nondiscrimination policy, procedures for filing a complaint, and resources available to employees who believe they have been the victim of any discriminatory or harassing behavior
    
5. Provide training regarding the District’s nondiscrimination policy, including what constitutes unlawful discrimination, harassment, and retaliation and how and to whom a report of an incident should be made

   The District may also provide bystander intervention training to employees which includes information and practical guidance on how to recognize potentially problematic behaviors and which may motivate them to take action when they observe such behaviors. The training and education may include exercises to provide employees with the skills and confidence to intervene as appropriate and to provide them with resources they can call upon that support their intervention. (Government Code 12950.2)
    

6. Periodically review the District’s recruitment, hiring, and promotion processes and regularly monitor the terms, conditions, and privileges of employment to ensure District compliance with law.
    
7. For any District 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 (2 CCR 11023)

 

 

Complaint Procedure

 

Complaints of sexual harassment shall be investigated and resolved in accordance with the District’s Title IX Sexual Harassment Complaint Procedures if the alleged conduct meets the definition of sexual harassment pursuant to 34 CFR 106.30.
 

Any other complaint alleging unlawful discrimination or harassment shall be addressed in accordance with the following procedures:

 

Notice and Receipt of Complaint: A complainant may inform a direct supervisor, another supervisor, the coordinator, or the Superintendent. The complainant’s direct supervisor may be bypassed in filing a complaint when the supervisor is the subject of the complaint. A supervisor or manager 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

 

Step 1: Informal Complaint Process

 

The complainant may first attempt to resolve the situation informally with the complainant’s supervisor before filing a written complaint. If the supervisor is the person about whom the employee is complaining or it is otherwise inappropriate to discuss the complaint with the supervisor, in which case a complainant may proceed to Step 2.

 

Step 2: Site/Department-Level Formal Complaint Process
 

1. Timeline: If a complainant has not been satisfactorily resolved through the informal process, or if it was not possible to pursue an informal resolution, the complainant may file a written complaint with the department lead or to the Assistant Superintendent who supervises the school within 30 days of the act or event which is the subject of the complaint. If an employee fails to file a written complaint within 30 days, the complaint shall be considered resolved on the basis of the preceding step.
    
2. Written Allegation: 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 efforts, if any, to resolve the issue
    
3. Investigations:

 

1. The individual who investigated shall initial an impartial investigation of an allegation in a timely manner after receiving the written complaint pursuant this regulation.
    
2. The individual who investigates shall meet with the complainant to discuss the allegations and what remedies the complainant is seeking.
    
3. When a written complaint is received, the employee who is the subject of the complaint shall be notified as soon as practicable or in accordance with the collective bargaining agreement.
    
4. The investigation may include interviews of the employee, complainant, or witnesses as necessary and/or a review of any documentation relevant to the complaint.
    
5. The investigator shall track and document the progress of the investigation to ensure reasonable progress and shall inform the parties as necessary.
    
6. When necessary to carry out the investigation or to protect employee safety, the coordinator, or their designee may discuss the complaint with the Superintendent or designee, District legal counsel, or the District’s risk manager.
    
7. No more than 20 business days after receiving the complaint, the coordinator shall conclude the investigation and prepare a written report of the 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.

 

4. Interim Measures:  The coordinator or their designee shall also determine whether interim measures, such as scheduling changes, transfers, or leaves, need to be taken before the investigation is completed in order to prevent further incidents. The coordinator or their designee shall ensure that such interim measures do not constitute retaliation.

 

 

5. Written Report

 

1. The coordinator or their designee shall conclude the investigation and prepare a written report of the findings.
    
2. 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 shall also 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 Superintendent or designee
    
3. A summary of the findings shall be presented to the complainant and the person accused.

 

Step 3: District Level Appeal

 

If a complaint has not been satisfactorily resolved at Step 2, the complainant may file the written appeal complaint with the Director of Employee Relations within ten (10) working days of receiving the written response from the individual who investigated at Step 2. The complainant shall include all information presented at Step 2. 

 

Within 30 working days of receiving the written appeal, the Director of Employee Relations, or their designee, shall conduct any necessary additional investigation (if necessary), including reviewing the investigation and written documents response from Step 2, and shall meet with the complainant in an effort to resolve the complaint. Within that 30 day period the Appeal person shall prepare and send a written response to the complainant.

 

The Director of Employee Relation’s decision shall be final.

 

Other Remedies

 

In addition to filing a discrimination or harassment complaint with the District, 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. For filing a complaint with DFEH alleging a violation of Government Code 12940-12952, within three years of the alleged discriminatory act(s), unless an exception exists pursuant to Government Code 12960 (Government Code 12960); 
    
2. For filing a complaint with EEOC, within 180 days of the alleged discriminatory act(s) (42 USC 2000e-5)
    
3. For filing a 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)