Policies

Bully Policy

Responsible Office: Office of the Administration

PURPOSE

This administrative policy shall set forth the procedures for the prompt and equitable response to non-criminal complaints and concerns from students, parent/guardian(s), or others regarding allegations of bullying, cyber-bullying, harassment, sexual harassment, discrimination and/or retaliation against a student in the Washoe County School District (“District”).

REGULATION

  1. For the purposes of this administrative policy, the word “bullying”encompasses bullying, cyber-bullying, harassment, sexual harassment,discrimination, and/or retaliation.
  2. Filing a Complaint
    1. Follow SNACS policy and report to SNACS administration.
    2. SNACS accepts verbal, written or online (http://www.snacs.org/bully/) complaints. Except as noted below, complaints shall be directed to the school’s site administrator (i.e. Education Director (Principal), Chief Executive Officer (aka Executive Director).
      1. If the complaint involves the school Education Director (principal), the complaint shall be directed to the Executive Director or SNACS Board of Trustees.
    3. The Chief Executive Officer and SNACS Board of Governance oversees the complaint process for all bullying matters falling under:
      1. Title VI (of the Civil Rights Act of 1964) and Title IX (of the Educational Amendments of 1972).
      2. Title II (of the Americans with Disabilities Act) and Section 504 of the Rehabilitation Act.The Chief Executive Officer (AKA Executive Director) is Dr. Kimberly Regan
    4. Additional avenues available to students and their parent(s)/guardian(s) forfiling a complaint include:
      1. Washoe County School District Student Services
        -Stacy Cooper – 504/Home Hospital & Charter School Oversight (Email: SLCooper@washoeschools.net)
      2. Nevada Department of Education’s Safe and Respectful Learning Environment Office (www.bullyfreezone.nv.gov)
      3. U.S. Department of Education’s Office for Civil Rights (Telephone:421-3481)
      4. Any court of competent jurisdiction
    5. Additional support, intervention and resolution methods are available through the Office of Student Services’ Counseling, Multi-Tiered System of Supports, and Equity and Diversity Departments.
    6. At no time shall a student’s reluctance to initiate the complaint procedure be used to delay or excuse SNACS responsibility to investigate in a prompt and equitable manner allegations of bullying and to report allegations which are violent or criminal in nature to law enforcement officers.
  3. Reporters
    1. Students – Any student who is the target of bullying and/or students who have first-hand knowledge of such bullying are encouraged to report such claims. Students should report incident(s) to any administrator, counselor,faculty, or staff member or through the SNACS online reporting system at http://www.snacs.org/bully/.
    2. Employees – Members of the Board of Governance, administrator,faculty, coaches or staff members who witness an act of bullying or receives information that such an act may have occurred shall report the information to the principal or his/her designee as soon as practicable,but not later than the same day on which the administrator, faculty, or staff member witnessed the act or received information that such an act may have occurred.
    3. Volunteers – Volunteers are encouraged to report possible acts of bullying to the direct SNACS administrator, teacher, or through the SNACS online reporting system at http://www.snacs.org/bully/.
    4. It is a violation of the law to retaliate against any individual filing a complaint. Any student experiencing retaliation because they filed a bullying complaint should file a separate complaint regarding the alleged retaliation.
  4. Complaint Review
    1. Upon receiving a report of possible bullying the principal shall:
      1. Take any immediate necessary action to ensure the safety and well-being of the involved student(s);
      2. Make a preliminary assessment applying the SNACS Three-Point Criteria (for an explanation of the Three-Point Criteria see the Definitions section of this regulation) to determine whether bullying is actually alleged and/or whether or not enough information is available to make that determination.
    2. If, upon initial examination of the complaint, the Education Director or his/her designee determines that the complaint does not meet the Three-Point Criteria, a bullying investigation shall not be initiated. However, other discipline or interventions may still be necessary depending on the incident(s). The investigator shall document in Infinite Campus the analysis that led to the conclusion that the incident was not bullying.
    3. If, upon initial examination of the complaint, the education director or his/her designee determines that the complaint does meet the Three-Point Criteria and that bullying may have occurred or there is not adequate information to make an initial determination, an investigation shall be initiated.
  5. Investigation Process
    1. Notify the parent(s)/guardian(s) off all students (either as a reported victim or offender) by telephone, electronic mail, or in person.
      1. If the bullying is reported before the end of school hours on a school day, notification of the parent(s)/guardian(s) must occur by 6 p.m.of the same day; or
      2. If the bullying is reported on a day that is not a school day or after hours on a school day, notification of the parent(s)/guardian(s) must occur by 6 p.m. on the next school day.
    2. An investigation into bullying must be completed not later than two schooldays after the principal or his/her designee receives the complaint. An additional day shall be allowed when necessary to complete all interviews.
      1. During the investigation, statements shall be taken from the involved students, to include any witnesses. Written statements are preferred, when possible.
    3. Within 24 hours after the completion of the investigation, the parent/guardian of the involved student(s) shall be contacted, preferably by telephone, regarding the resolution of the complaint.
    4. A written report of the findings and conclusions of the investigation shall be completed outlining the facts that support or do not support the Three-Point Criteria shall be completed as part of the student records documents process. Student information shall only be released in accordance with the Family Educational Rights and Privacy Act of 1974 (“FERPA”) and the Individuals with Disabilities in Education Act (IDEA).
      1. If bullying is found to have occurred, the report shall make recommendations regarding any disciplinary action or other measures to be imposed.
      2. The written report should include a summary of the witnesses interviewed and the evidence considered.
      3. The written report must be made available to parents of involved student(s) upon request.
    5. Not later than 10 school days after receiving the initial report/complaint,the education director or designee shall meet with each reported victim regarding the student’s well-being and to ensure the reported bullying is not continuing.
  6. Sanctions
    1. If an investigation determines that an individual engaged in bullying SNACS may take any necessary and appropriate action that is consistent with SNACS policies and/or applicable statutes.
    2. Successive violations by a perpetrator shall lead to progressively more severe discipline.
    3. All parties involved in the investigation shall be notified of the decision of SNACS. However, if the individual(s) who were found to be bullying are disciplined, the complainant(s) will only be advised that SNACS is taking appropriate steps to ensure that the bullying behavior will not re-occur.
    4. The due process rights of all individuals will be protected.
  7. Appeals
    1. Any person dissatisfied with the resolution of a bullying complaint may appeal that decision in writing within 10 business days of notification of the resolution addressed to the SNACS Administrative Office on one or more of the following grounds:
      1. Procedural error that significantly impacted the outcome of the investigation (i.e. insufficient evidence to support findings,substantiated bias, material deviation from established procedures).
      2. To consider new evidence, unknown or unavailable during the original investigation and that could substantially impact the original findings or sanction. The appeal must include a summary of new evidence, why it was unavailable at the time of the investigation and its potential impact.
      3. A sanction imposed is substantially disproportionate to the severity of the violation.
    2. An appeal will be assigned to an administrative designee in the Office of Administration who did not have oversight of the underlying investigation. Acknowledgement of receipt of appeal will be sent to the appealing party within three business days.
    3. Before considering the appeal, the reviewing officer will determine whether the appeal is timely and raises one or more of the permissible grounds for appeal listed under 7(a) above. If the written appeal is not timely or does not raise one or more of the permissible grounds for appeal, the reviewing officer will notify the appealing party in writing that the appeal is denied and the basis for the denial.
    4. A decision on an appeal will be based on the following:
      1. Unless there is a request to consider new evidence pursuant to 7(a)(ii) as grounds for an appeal, the reviewing officer will limit his or her review to the records from the school’s process.
      2. The reviewing officer will decide whether to grant or deny the appeal based on the specific grounds for appeal pursuant to 7(a)(i) or (ii).
      3. The reviewing officer may also remand the matter back to the original investigator to consider new evidence.
      4. The reviewing officer will respond to the appealing party with a written decision within 15 business days of receiving the appeal.
  8. Confidentiality
    1. A report of bullying and the details of the investigation are to be kept in strictest confidence, where practical, for the protection of all parties involved.
    2. SNACS obligation to investigate, provide a safe environment and take corrective action may supersede an individual’s right of privacy.
    3. Pending the completion of the investigation, SNACS may take any action necessary to protect the safety and well-being of its students, employees and property.
  9. Causes of Action
    1. No cause of action may be brought against a student, an employee or volunteer of a school who reports a violation of NRS 388.135 unless the person who made the report acted with malice, intentional misconduct, gross negligence, or intentional or knowing violation of the law.
    2. No cause of action or other legal proceeding may be brought or maintained against SNACS, its Board of Governance, any member of the Board of Governance, or any of its officers, employees, agents or other representatives on account of any act or omission of any officer, employee, agent or other representative of SNACS in violation of this regulation
  10. Nothing contained herein shall be construed or interpreted to prohibit or in any way to discourage the genuine discussion of issues or use of materials for academic, educational, or instructional purposes.

DEFINITIONS

  1. “Bullying” means written, verbal or electronic expressions or physical acts or gestures, or any combination thereof, that are directed at a person or group of persons, or a single severe and willful act or expression that is directed at a person or group of persons, and:
    1. Have the effect of: physically harming a person or damaging the property of a person; or placing a person in reasonable fear of physical harm to the person or damage to the property of the person; or
    2. Interfere with the rights of a person by: creating an intimidating or hostile educational environment for the person; or substantially interfering with the academic performance of a pupil or the ability of the person to participate in or benefit from services, activities or privileges provided by a school; or
    3. Are acts or conduct described in paragraph (a) or (b) and are based upon the: actual or perceived race, color, national origin, ancestry, religion,gender identity or expression, sexual orientation, physical or mental disability of a person, sex or any other distinguishing characteristic or background of a person; or association of a person with another person having one or more of those actual or perceived characteristics.
    4. The term “bullying” includes, without limitation: Repeated or pervasive taunting, name-calling, belittling, mocking or use of put-downs or demeaning humor regarding the actual or perceived race, color, national origin, ancestry, religion, gender identity or expression, sexual orientation, physical or mental disability of a person, sex or any other distinguishing characteristic or background of a person; Behavior that is intended to harm another person by damaging or manipulating his or her relationships with others by conduct that includes, without limitation, spreading false rumors; Repeated or pervasive nonverbal threats or intimidation such as the use of aggressive, menacing or disrespectful gestures; Threats of harm to a person, to his or her possessions or to other persons, whether such threats are transmitted verbally, electronically or in writing; Blackmail, extortion or demands for protection money or involuntary loans or donations; Blocking access to any property or facility of a school; Stalking; and Physically harmful contact with or injury to another person or his or her property. (NRS 388.122)
  2. “Cyber-bullying” means bullying through the use of electronic communication. The term includes the use of electronic communication to transmit or distribute a sexual image of a minor. (NRS 388.123)
    1. “Electronic communication device” means any electronic device that is capable of transmitting or distributing an image of bullying, including,without limitation, a cellular telephone, personal digital assistant, computer,computer network and computer system. (NRS 388.124)
    2. “Image of bullying” means any visual depiction, including, without limitation, any photograph or video, or a minor bullying another minor. (NRS 200.900)
    3. “Electronic communication” means the communication of any written,verbal or pictorial information through the use of an electronic device,including, without limitation, a telephone, a cellular phone, a computer or any similar means of communication.
    4. “Sexual image” means any visual depiction, including, without limitation,any photograph or video, of a minor simulating or engaging in sexual conduct or of a minor as the subject of a sexual portrayal. (NRS 200.737)
  3. Harassment is to knowingly threaten: a. (1) To cause bodily injury in the future to the person threatened or to any other person; (2) To cause physical damage to the property of another person; (3) To subject the person threatened or any other person to physical confinement or restraint; or (4) To do any act which is intended to substantially harm the person threatened or any other person with respect to his or her physical or mental health or safety; and b. The person by words or conduct places the person receiving the threat in reasonable fear that the threat will be carried out. (NRS 200.571)
    1. Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of this conduct explicitly or implicitly affects an individual’s ability to receive an education, unreasonably interferes with an individual’s educational performance or creates an intimidating, hostile or offensive educational environment. The term sexual harassment includes sexual violence under Title IX.
  4. Discrimination is the distinguishing treatment of an individual based on their actual or perceived membership in a certain group or category, in a way that is worse than the way people are usually treated.
    1. Protected Classes: Race, color, national origin or ethnic group identification,marital status, ancestry, sex, sexual orientation, gender identity or expression, genetic information, religion, age, mental or physical disability,military or veteran’s status
      1. “Disability” means, with respect to a person: 1) a physical or mental impairment that substantially limits one or more of the major life activities of the person, including, without limitation, the human immunodeficiency virus; 2) a record of such an impairment; or 3)being regarded as having such an impairment.
      2. “Gender identity or expression” means a gender-related identity,appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.
      3. “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.
  5. Hazing is an activity in which a person intentionally or recklessly endangers the physical health of another person for the purpose of initiation into or affiliation with a student organization, academic association or athletic team at a high school,college or university in this state. The term: (a) Includes, without limitation, any physical brutality or brutal treatment, including, without limitation, whipping,beating, branding, forced calisthenics, exposure to the elements or forced consumption of food, liquor, drugs or other substances. In accordance with Nevada State Law, an activity shall be deemed to be “forced” if initiation into or affiliation with a student organization, academic association or athletic team is directly or indirectly conditioned upon participation in the activity.
  6. Three-Point Criteria
    1. The three-point criteria used to evaluate a bullying complaint under section 4(b) of this regulation and to conduct and to determine whether bullying occurred under section 5(d) of this regulation is as follows:
      1. Criterion One: Did Harm or Threat of Harm Occur?
        1. Did the conduct involve an imbalance of power between the offender and the victim?
        2. What effect did the conduct have on the victim? Did the conduct create or have the potential to create a hostile or intimidating environment for the victim?
        3. Was there an intentional act that caused physical or emotional pain? (Note: an intentional act refers to the individual’s choice to engage in a behavior(s); it does not refer to the intent of the individual to hurt the target.)
        4. Is the behavior related to a protected class: Race or ancestry;color; national origin or ethnic group identification; marital status; sex; sexual orientation; gender identity or expression;genetic information; religion; age; mental or physical disability; and military or veteran’s status. Additionally, state law includes “other distinguishing characteristics” when defining protected class.
      2. Criterion Two: Is the Action Unwelcome?
        1. Was the conduct welcome by the recipient? Consent does not mean that the action is welcome (i.e. Hazing).
      3. Criterion Three: Is the Action Severe, Persistent or Pervasive?
        1. Severe behavior can be established with a single action (i.e.Physical Assault).
        2. Persistent behavior occurs repeatedly. If the victim asks the offender to stop but the act(s) continue, this is persistent behavior.
        3. Pervasive behavior is when the behavior is rampant throughout the school. Generally, there is not one specific offender in these cases.
    2. If the answer to any of the questions that make up the Three-Point Criteria is no, then the incident does not involve bullying.

IMPLEMENTATION GUIDELINES & ASSOCIATED DOCUMENTS

  1. This administrative policy reflects the goals of the SNACS Strategic Plan and aligns and complies with the governing documents of SNACS, to include:
    1. Board Policy, Student Behavior
    2. Board Policy, Safe and Respectful Learning Environment
    3. Board Policy, Bullying, Harassment and Discrimination Prohibited
    4. Administrative Regulation, Gender Identity and Gender Non-Conformity – Students
    5. Administrative Regulation, Responsible Use and Internet Safety
  2. This administrative policy aligns with Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC) to include:
    1. Chapter 202, Crimes Against the Person
    2. Chapter 388, System of Public Instruction
      1. 388.121 – 388.139, Safe and Respectful Learning Environment
    3. Chapter 389
      1. NRS 389.520, establishment of policy for ethical, safe and secure use of computers.
    4. Chapter 392, Pupils
  3. This policy complies with federal laws and regulations, to include:
    1. Americans with Disabilities Act, as amended
    2. Section 504 of the Rehabilitation Act, as amended
    3. The Civil Rights Act of 1964
    4. Title IX of the Education Amendments of 1972

REVIEW AND REPORTING

  1. This document shall be reviewed as part of the bi-annual review and reporting process, following each regular session of the Nevada Legislature. The Board of Governance shall receive notification of any required changes to policies as well as an audit of the accompanying governing documents.
  2. Additional administrative regulations and/or other associated documents may be developed as necessary to implement this administrative regulation.

REVISION HISTORY

Date: 03/22/2018
Version: 1.0
Modification: Adopted

Discrimination Policy

PURPOSE

The Board of Governance (“Board”) is committed to providing a safe and respectful learning and working environment within its schools, buses and other facilities, and at Sierra Nevada Academy Charter School (“SNACS”) sponsored events. The Board believes that every individual has the right to learning and/or working environment that is safe and free from bullying, harassment, and discrimination; and in which their diversity is valued and contributes to successful academic and personal outcomes. SNACS is committed to identifying and correcting practices and policies that perpetuate negative beliefs and behaviors. This commitment includes the actions and behaviors of students, faculty and staff, coaches and volunteers, families, and other visitors to SNACS facilities. Such behavior must not be allowed to contribute to opportunity gaps or create barriers to success.

POLICY

  1. Sierra Nevada Academy Charter School is committed to nondiscrimination in educational programs/activities and employment, as required by applicable federal and state laws and regulations, on the basis of:
    1. race,
    2. color,
    3. national origin or ethnic group identification,
    4. marital status,
    5. ancestry,
    6. sex,
    7. sexual orientation,
    8. gender identity or expression,
    9. genetic information,
    10. religion,
    11. age,
    12. a qualifying mental or physical disability, based on the Americans with Disabilities Act as Amended (ADAA), Section 504 of the Rehabilitation Act of 1973, or the Individuals with Disabilities in Education (IDEA) Act; or
    13. Military or veteran’s status.
  2. Responsibility for coordination of compliance efforts and receipt of inquiries concerning state and federal laws and regulations, to include Title VI, Title VII of the Civil Rights Act of 1964, Title IX Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Americans with Disabilities Act as Amended, has been delegated to the Office of the General Counsel.
  3. SNACS expects all school facilities and school-sponsored events to be free from prohibited conduct which creates or is reasonably certain to create an intimidating, hostile educational or work environment for the person at whom the conduct is directed, such that it substantially interferes with or impairs the student’s educational or employee’s performance. This includes conduct described in the Definitions section of this policy related to Bullying, Cyber-Bullying,Harassment, Discrimination, Hazing, Intimidation and Retaliation.
  4. SNACS will make every effort to communicate this policy and the accompanying administrative regulation(s) to students and parents/guardians.Such notification will occur through activities such as the “Week of Respect.” The SNACS Notice of Nondiscrimination shall be posted at each of its schools and other facilities, posted on the SNACS website and included annually in the Parent Student Handbook.
  5. SNACS shall establish procedures to ensure that the following professional development and/or training will be provided to the members of the Board of Governance, faculty and staff, and volunteers:
    1. Training in the appropriate methods to facilitate positive human relations among students by eliminating the use of bullying, cyber-bullying,harassment and discrimination so that students may realize their full academic and personal potential;
    2. Training in methods to prevent, identify and report incidents of bullying,cyber-bullying, harassment and intimidation;
    3. Methods to improve the school environment in a manner that will facilitate positive human relations among students, staff and volunteers; and,
    4. Methods to teach skills to students so that the students are able to replace in appropriate behavior with positive behavior.
  6. Reporting Requirements
    1. In accordance with state law, any faculty or staff member who witnesses or receives information that a possible violation of the non-bullying, harassment or discrimination provisions of this policy has occurred against a student shall report the possible violation to the principal or designee, or site supervisor.
      1. Specific procedures related to the reporting and investigation process may be found in this policy’s associated administrative regulations. This includes the process for reporting alleged violations to the SNACS Administration.
    2. Other individuals, such as students, coaches and volunteers, are encouraged to report possible violations of the non-bullying, harassment or discrimination provisions of this policy to the
    3. Education Director (aka:principal), online (www.snacs.org/bullying) or other staff member.
    4. Any other individual who witnesses or receives information that a possible violation of the non-bullying, harassment or discrimination provisions of this policy has occurred against any individual who is not a student is asked to report the possible violation to the Education Director (aka:principal) or designee, or online (www.snacs.org/bullying) as soon as practicable.
  7. Complaint and Appeal Procedures
    1. SNACS will act promptly on reports, complaints, and appeals related to bullying, harassment, and/or discrimination which are brought to the attention of SNACS in compliance with SNACS complaint process and timelines.
      1. The student reporting process is detailed within Administrative Regulation, Student Complaint and Appeal Procedures –Bullying, Harassment, and Discrimination;
      2. The staff reporting process is detailed within Administrative Regulation, Staff Complaint Process: Harassment, Sexual Harassment and Intimidation; and
      3. The public reporting process is detailed within Administrative Regulation, Public Complaint Resolution Procedures.
    2. Behavior which is or may be considered criminal in nature, or results in substantial bodily harm, will be referred to law enforcement.
    3. Notice of Complaint and Appeal Procedures shall be posted to the SNACS website, included in the Parent/Student Handbook, and made available to any individual upon request.
    4. Reports of student discrimination based on race, national origin, disability, sex or religion may also be filed with the U.S. Department of Education’s Office for Civil Rights.
  8. Individuals found to be engaging in behavior prohibited by this policy may be subject to appropriate disciplinary action. Examples of possible disciplinary action could include, but are not necessarily limited to:
    1. Non-staff / non-students, to include a school volunteer, found to be in violation of this policy may be trespassed from SNACS property;
    2. Faculty and staff members found to be violation of this policy may be subject to disciplinary action pursuant to the employee negotiated agreements.
    3. Students found to be in violation of this policy may be subject to disciplinary action pursuant to the SNACS student behavior matrix.

DEFINITIONS

  1. “Bullying” means written, verbal or electronic expressions or physical acts or gestures, or any combination thereof, that are directed at a person or group of persons, or a single severe and willful act or expression that is directed at a person or group of persons, and:
    1. Have the effect of: physically harming a person or damaging the property of a person; or placing a person in reasonable fear of physical harm to the person or damage to the property of the person; or
    2. Interfere with the rights of a person by: creating an intimidating or hostile educational environment for the person; or substantially interfering with the academic performance of a pupil or the ability of the person to participate in or benefit from services, activities or privileges provided by a school; or
    3. Are acts or conduct described in paragraph (a) or (b) and are based upon the: actual or perceived race, color, national origin, ancestry, religion,gender identity or expression, sexual orientation, physical or mental disability of a person, sex or any other distinguishing characteristic or background of a person; or association of a person with another person having one or more of those actual or perceived characteristics.
    4. The term “bullying” includes, without limitation: Repeated or pervasive taunting, name-calling, belittling, mocking or use of put-downs or demeaning humor regarding the actual or perceived race, color, national origin, ancestry, religion, gender identity or expression, sexual orientation, physical or mental disability of a person, sex or any other distinguishing characteristic or background of a person; Behavior that is intended to harm another person by damaging or manipulating his or her relationships with others by conduct that includes, without limitation, spreading false rumors; Repeated or pervasive nonverbal threats or intimidation such as the use of aggressive, menacing or disrespectful gestures; Threats of harm to a person, to his or her possessions or to other persons, whether such threats are transmitted verbally, electronically or in writing; Blackmail, extortion or demands for protection money or involuntary loans or donations; Blocking access to any property or facility of a school; Stalking; and Physically harmful contact with or injury to another person or his or her property. (NRS 388.122)
  2. “Cyber-bullying means bullying through the use of electronic communication. The term includes the use of electronic communication to transmit or distribute a sexual image of a minor. (NRS 388.123)
    1. “Electronic communication” means the communication of any written,verbal or pictorial information through the use of an electronic device,including, without limitation, a telephone, a cellular phone, a computer or any similar means of communication.
    2. “Sexual image” means any visual depiction, including, without limitation,any photograph or video, of a minor simulating or engaging in sexual conduct or of a minor as the subject of a sexual portrayal. (NRS 200.737)
  3. Harassment (NRS 200.571) – is to knowingly threaten:
    1. (1) To cause bodily injury in the future to the person threatened or to any other person; (2) To cause physical damage to the property of another person; (3) To subject the person threatened or any other person to physical confinement or restraint; or (4) To do any act which is intended to substantially harm the person threatened or any other person with respect to his or her physical or mental health or safety; and
    2. The person by words or conduct places the person receiving the threat in reasonable fear that the threat will be carried out.
  4. Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive educational or work environment. The term sexual harassment includes sexual violence under Title IX.
  5. Retaliation is adverse action (e.g. payback, retribution, revenge) taken against an individual for engaging in legally protected activity such as making a complaint of harassment or participating in workplace or school site investigations.
  6. “Hazing” means an activity in which a person intentionally or recklessly endangers the physical health of another person for the purpose of initiation into or affiliation with a student organization, academic association or athletic team at a high school.(NRS 200.605)
  7. Intimidation is defined as intentional behavior that would cause an ordinary person to fear harm or injury.
  8. Discrimination is the distinguishing treatment of an individual based on their actual or perceived membership in a certain group or category, in a way that explicitly or implicitly affects an individual’s employment, prevents or denies equal access to programs or benefits; unreasonably interferes with an individual’s work performance; or creates an intimidating, hostile or offensive educational or work environment.
    1. a.”Discrimination” based on race, color, religion, sex (including non-conformity to gender stereotypes), sexual orientation, gender identity or expression, age, disability, religious preference, or national origin is prohibited.
      1. “Disability” means, with respect to a person: 1) a physical or mental impairment that substantially limits one or more of the major life activities of the person, including, without limitation, the human immunodeficiency virus; 2) a record of such an impairment; or 3)being regarded as having such an impairment.
      2. “Gender identity or expression” means a gender-related identity,appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.
      3. “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

DESIRED OUTCOMES

  1. SNACS shall adopt comprehensive, appropriate and effective student-centered programs demonstrated to reduce disruption and misconduct; support and reinforce positive behavior and character development; and help students succeed.
  2. Through this and related documents, the Board of Governance shall promote a culture of respect that prohibits discriminatory practices. All employees are encouraged to foster an environment where individuals are judged on their merits, and to promote a workplace free of discriminatory policies and practices.
  3. This policy, and related governing documents shall assist in the implementation and maintenance of effective anti-discriminatory employment practices; procedures for investigating discrimination complaints; and programs to educate employees about unlawful discriminatory practices.

IMPLEMENTATION GUIDELINES & ASSOCIATED DOCUMENTS

  1. This policy reflects the goals of the SNACS Strategic Plan and aligns/complies with the governing documents of SNACS, to include:
    1. Board Policy, Public Complaints, and any associated documents
    2. Board Policy, Safe and Respectful Learning Environment, and any associated documents
    3. Administrative Regulation, Student Complaint and Appeal Procedures–Bullying, Harassment, and Discrimination
    4. Administrative Regulation, Gender Identity and Gender Non-Conformity – Students
    5. Administrative Regulation, Staff Complaint Process: Harassment, Sexual Harassment and Intimidation
    6. Board Policy, Student Behavior, and any associated documents
    7. Board Policy, Equal Opportunity in Employment
    8. Board Policy, Community Use of School Facilities
  2. This policy complies with Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC), to include:
    1. Chapter 200, Crimes Against the Person
      1. NRS 200.571, Harassment
      2. NRS 200.605, Hazing
      3. NRS 200.900, Bullying By Use of Electronic Communication Device –Penalties; definitions
    2. Chapter 388, System of Public Instruction
      1. NRS 388.121 – 388.1459, Provision of Safe and Respectful LearningEnvironment
      2. NRS 388.417 – 388.525, Pupils with Disabilities
      3. NRS 388.5251 – 388.5317, Gifted and Talented Pupils
    3. Chapter 388D, Alternative School Choices
      1. NRS 388D.060 (Homeschool children) Discrimination Prohibited
    4. Chapter 391, Personnel
      1. NRS 391.750, Grounds for suspension, demotion, dismissal and refusal to reemploy teachers and administrators
    5. Chapter 392, Pupils
      1. NRS 392.461 – 392.4675, inclusive, Behavior and Discipline
      2. NRS 392.900 – 392.920, inclusive, Unlawful Acts
    6. Chapter 613, Employment Practices
      1. NRS 613.310 – 613.435, Equal Opportunities in Employment
  3. This policy complies with federal laws and regulations, to include:
    1. Title II, Americans with Disabilities Act as Amended (ADAA), 42 U.S.C.A. §12101, 28 CFR Part 35, which provides comprehensive civil rights protections for “qualified individuals with disabilities”;
    2. Title IV of the Civil Rights Act of 1964, 42 U.S.C. § 2000c;
    3. Title VI of the Civil Rights Act of 1964, which prohibits discrimination in public schools based on race, color, national origin, and other bases;
    4. Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. §§ 2000e et seq., which prohibits sexual harassment;
    5. Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681 et seq., and the implementing regulations, 34 C.F.R. Part 106, which protects people from discrimination based on sex in education programs or activities;
    6. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination based on disability;
    7. Individuals with Disabilities in Education Act (IDEA), 20 U.S.C. § 1400 etseq.;
    8. Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 C.F.R. Part 99;
    9. Age Discrimination Act of 1975, 29 U.S.C. § 6101, which prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance;
    10. Equal Access to Public School Facilities (Boy Scouts of America Equal Access Act), 20 U.S.C. § 7905, 34 C.F.R. Part 108, which prohibits discrimination against any group listed in title 36 (as a patriotic society) from access to public school facilities use.

REVIEW AND REPORTING

  1. This document shall be reviewed as part of the bi-annual review and reporting process, following each regular session of the Nevada Legislature. The Board of Governance shall receive notification of any required changes to the policy as well as an audit of the accompanying governing documents.
  2. Administrative regulations, and/or other associated documents, will be developed as necessary to implement this policy.
  3. SNACS will conduct annual Climate and Safety Surveys with input from students, parents, and staff. The results of the Climate and Safety Surveys are provided to the Board of Governance annually.

REVISION HISTORY

Date: 3-22-2018
Revision: 1.0
Modification: Adopted: Consumed Board Policy, Harassment, Sexual Harassment and Intimidation

Safe Respectful Learning Environment Policy

PURPOSE

The Board of Governance (“Board”) believes that a working and learning environment that is safe and respectful is essential for all staff and students to achieve success. Any form of bullying, cyber-bullying, harassment or discrimination interferes with the ability of teachers to teach in the classroom and pupils to learn. This policy and the associated governing documents shall establish the commitment by Sierra Nevada Academy Charter School (“SNACS”) to create a safe and respectful working and learning environment, and to promptly investigate accusations of bullying, cyber-bullying, harassment, and discrimination.

POLICY

  1. SNACS shall provide an environment in which persons of differing beliefs, characteristics and backgrounds can realize their full academic and personal potential.
  2. All persons are entitled to maintain their own beliefs and to respectfully disagree without resorting or being subjected to bullying, cyber-bullying, harassment, or discrimination.
  3. By declaring this goal, the Board of Governance is not advocating or requiring the acceptance of differing beliefs in a manner that would inhibit freedom of expression. The Board does require that any persons with differing beliefs be free from bullying, cyber-bullying, harassment or discrimination.
  4. All students, administrators, faculty, and other SNACS staff shall demonstrate appropriate behavior by treating other persons, including students, with civility and respect and by refusing to tolerate bullying, cyber-bullying, harassment or discrimination.
  5. Use of the internet and other technology by staff and students shall be in a manner that is ethical, safe and secure.
  6. The Board of Governance ensures the aforementioned by enacting the following:
    1. All members of the Board of Governance, administrators, teachers, support personnel, and other staff employed by SNACS shall comply with state and federal laws by:
      1. i.Participating in training regarding the appropriate methods to facilitate positive human relations among students and staff without the use of bullying, cyber-bullying, harassment or discrimination as well as methods for reporting suspected violations. School administrators shall also receive training in:
        1. Methods for recognizing bullying and cyber-bullying behaviors;
        2. Effective intervention and remediation strategies regarding bullying and cyber-bullying;
        3. The prevention of violence and suicide associated with bullying, cyber-bullying, harassment or discrimination as well as the appropriate methods to respond to such incidents; and
        4. Employing strategies to improve the climate of schools and the overall SNACS environment in a manner that will facilitate respectful positive human relations among students, families and staff.ii.Using positive behavioral interventions and supports to foster and guide student learning of skills to replace bullying, cyber-bullying, harassment or discrimination;
    2. Reporting allegations of bullying, cyber-bullying, harassment or discrimination to school administration immediately to ensure cases are investigated and harmful behavior stopped. Additionally, incidents are further reported to police, legal, counseling or community agencies while interventions are used, and victims are supported.
      1. The student reporting process is detailed within Administrative Regulation, Student Complaint and Appeal Procedures – Bullying, Harassment, and Discrimination;
      2. The staff reporting process is detailed within Administrative Regulation, Staff Complaint Process: Harassment, Sexual Harassment and Intimidation; and
      3. The public reporting process is detailed within Administrative Regulation, Public Complaint Resolution Procedures.
    3. Each school will establish a school safety team to help to support and promote safe school environments including investigation of bullying, cyber-bullying, harassment or discrimination in addition to the implementation of crisis management and emergency response duties and site support.
    4. SNACS prohibits the active or passive support for acts of bullying,cyber-bullying, harassment or discrimination. Both students and staff are expected to support attempts to constructively prevent and/or stop such acts and, thereby, promote safe schools.
  7. Notice
    1. SNACS shall inform students, parents/guardians, faculty/staff, and other interested parties of SNACS “Safe and Respectful Learning Environment” policy and student complaint process. Such notice shall be included on the SNACS website (www.snacs.org), the SNACS bullying reporting website (www.snacs.org/bullying), and posting of anti-discrimination notices in all SNACS buildings and the parent/student handbook.
    2. Reports of student discrimination based on race, national origin, disability, sex or religion may also be filed with the U.S. Department of Education’s Office for Civil Rights.
  8. SNACS prohibits the retaliation against any person who reports an act of bullying, cyber-bullying, harassment or discrimination, or against any person who has testified, assisted, or participated in the investigation of a report. Such retaliation is itself a violation of law and may lead to disciplinary or other appropriate action against the offender.
  9. This policy applies to bullying, cyber-bullying, harassment or discrimination, by any individual on school property, including a school bus, at a school-sponsored event, or while acting on SNACS business. This includes a member of a club or organization which uses a SNACS facility, regardless of whether the club or organization has any connection to the school.

DEFINITIONS

  1. 1.”Bullying” means written, verbal or electronic expressions or physical acts or gestures, or any combination thereof, that are directed at a person or group of persons, or a single severe and willful act or expression that is directed at a person or group of persons, and:
    1. Have the effect of: physically harming a person or damaging the propertyof a person; or placing a person in reasonable fear of physical harm to theperson or damage to the property of the person; or
    2. Interfere with the rights of a person by: creating an intimidating or hostile educational environment for the person; or substantially interfering with the academic performance of a pupil or the ability of the person to participate in or benefit from services, activities or privileges provided by a school; or
    3. Are acts or conduct described in paragraph (a) or (b) and are based upon the: actual or perceived race, color, national origin, ancestry, religion,gender identity or expression, sexual orientation, physical or mental disability of a person, sex or any other distinguishing characteristic or background of a person; or association of a person with another person having one or more of those actual or perceived characteristics.
    4. The term “bullying” includes, without limitation: Repeated or pervasive taunting, name-calling, belittling, mocking or use of put-downs or demeaning humor regarding the actual or perceived race, color, national origin, ancestry, religion, gender identity or expression, sexual orientation,physical or mental disability of a person, sex or any other distinguishing characteristic or background of a person; Behavior that is intended to harm another person by damaging or manipulating his or her relationships with others by conduct that includes, without limitation, spreading false rumors;Repeated or pervasive nonverbal threats or intimidation such as the use of aggressive, menacing or disrespectful gestures; Threats of harm to a person, to his or her possessions or to other persons, whether such threats are transmitted verbally, electronically or in writing; Blackmail, extortion or demands for protection money or involuntary loans or donations; Blocking access to any property or facility of a school; Stalking; and Physically harmful contact with or injury to another person or his or her property. (NRS 388.122)
  2. “Cyber-bullying” means bullying through the use of electronic communication. The term includes the use of electronic communication to transmit or distribute a sexual image of a minor. (NRS 388.123)
    1. “Electronic communication device” means any electronic device that is capable of transmitting or distributing an image of bullying, including,without limitation, a cellular telephone, personal digital assistant, computer,computer network and computer system. (NRS 388.124)
    2. “Image of bullying” means any visual depiction, including, without limitation, any photograph or video, or a minor bullying another minor. (NRS 200.900)
    3. Harassment (NRS 200.571) – is to knowingly threaten:
      1. (1) To cause bodily injury in the future to the person threatened or to any other person; (2) To cause physical damage to the property of another person; (3) To subject the person threatened or any other person to physical confinement or restraint; or (4) To do any act which is intended to substantially harm the person threatened or any other person with respect to his or her physical or mental health or safety; and
      2. The person by words or conduct places the person receiving the threat in reasonable fear that the threat will be carried out.
    4. Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive educational or work environment. The term sexual harassment includes sexual violence under Title IX.
    5. Retaliation is adverse action (e.g. payback, retribution, revenge) taken against an individual for engaging in legally protected activity such as making a complaint of harassment or participating in workplace or school site investigations.
    6. “Hazing” means an activity in which a person intentionally or recklessly endangers the physical health of another person for the purpose of initiation into or affiliation with a student organization, academic association or athletic team at a high school. (NRS 200.605)
    7. Intimidation is defined as intentional behavior that would cause an ordinary person to fear harm or injury.
    8. Discrimination is the distinguishing treatment of an individual based on their actual or perceived membership in a certain group or category, in a way that explicitly or implicitly affects an individual’s employment, prevents or denies equal access to programs or benefits; unreasonably interferes with an individual’s work performance; or creates an intimidating, hostile or offensive educational or work environment.
      1. “Discrimination” based on race, color, religion, sex (including non-conformity to gender stereotypes), sexual orientation, gender identity or expression, age, disability, religious preference, or national origin is prohibited.
        1. “Disability” means, with respect to a person: 1) a physical or mental impairment that substantially limits one or more of the major life activities of the person, including, without limitation, the human immunodeficiency virus; 2) a record of such an impairment; or 3) being regarded as having such an impairment.
        2. “Gender identity or expression” means a gender-related identity,appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.
        3. “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

DESIRED OUTCOMES

  1. SNACS will implement consistent processes for the intervention and prevention of bullying, cyber-bullying, and/or discrimination.
  2. Training in the prevention and/or recognition of bullying, cyber-bullying, and/or will take place for all employees and, when appropriate, students.
  3. This policy and its accompanying regulations and operating procedures will align with the School Safety Teams.
  4. Students, parents and staff will be empowered with information about SNACS mechanisms to prevent and intervene related to bullying, cyber-bullying, and/or discrimination situations.

IMPLEMENTATION GUIDELINES

  1. This policy reflects the goals of SNACS Strategic Plan and the governing documents of SNACS, to include:
    1. Board Policy, Student Behavior.
    2. Board Policy, Bullying, Harassment and Discrimination Prohibited.
    3. Administrative Regulation, Student Complaint and Appeal Procedures–Bullying, Harassment, and Discrimination
    4. Administrative Regulation, Gender Identity and Gender Non-Conformity – Students
    5. Administrative Procedure, Prohibited Conduct.f.Administrative Regulation, Staff Complaint Process: Harassment, Sexual Harassment and Intimidation
    6. Administrative Regulation, Safe and Respectful Learning Environment (Staff).
    7. Administrative Procedure, Safe and Respectful Learning Environment for Students.
    8. Administrative Regulation, Internet Safety and Public Network Acceptable Use.
  2. This policy complies with Nevada Revised Statutes (NRS) and NevadaAdministrative Code (NAC) to include:
    1. Chapter 200, Crimes Against the Person, and specifically:
      1. NRS 200.571, Harassment
      2. NRS 200.605, Hazing
      3. NRS 200.900, Bullying By Use of Electronic Communication Device –Penalties; definitions
    2. Chapter 388, System of Public Instruction, and specifically:
      1. NRS 388.121 – 388.1459, inclusive, Provision of Safe and Respectful Learning Environment
    3. Chapter 391, Personnel, and specifically:
      1. NRS 391.750, Grounds for suspension, demotion, dismissal and refusal to reemploy teachers and administrators
    4. Chapter 392, Students, and specifically:
      1. NRS 392.461 – 392.4675, inclusive, Behavior and Discipline
      2. NRS 392.900 – 392.920, inclusive, Unlawful Acts
  3. This policy complies with federal laws and regulations, to include:
    1. The Age Discrimination Act of 1975
    2. Americans with Disabilities Act, as amended
    3. Section 504 of the Rehabilitation Act, as amended
    4. Equal Pay Act of 1963
    5. Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA)
    6. The Civil Rights Act of 1964
    7. Title IX of the Education Amendments of 1972

REVIEW AND REPORTING

  1. This document shall be reviewed as part of the bi-annual review and reporting process, following each regular session of the Nevada Legislature. The Board of Governance shall receive notification of any required changes to the policy as well as an audit of the accompanying governing documents.
    1. Should the policy be updated, a copy shall be submitted to the Nevada Department of Education within 30 days after the update.
  2. Administrative regulations, and/or other associated documents, will be developed as necessary to implement this policy.
  3. Incidents, types and the prevalence of interventions for bullying, cyber-bullying, harassment, and intimidation will be recorded and reported to the Board of Governance on an annual basis.
  4. SNACS will conduct Climate and Safety Surveys with input from students, parents, and staff. The results of the Climate and Safety Surveys are provided to the Board of Governance annually.
  5. SNACS shall, on or before September 30 of each year, prepare an annual report of accountability that includes data related to bullying and cyber-bullying. Such report will be presented to the Board of Governance prior to its submission to the Nevada Department of Education.

REVISION HISTORY

Date: 3/22/2018
Version: 1.0
Modification: Adopted

Gender Identity Regulation

PURPOSE

This administrative Policy shall establish protocols and inform staff regarding transgender and gender non-conforming student concerns.

REGULATION

  1. SNACS is committed to addressing the health and safety needs of all students,including those needs related to a student’s actual or perceived sexual orientation or gender identity. A safe and respectful environment is necessary for students to have equal access to all school programs and activities and is integral to student success. SNACS acknowledges its role in providing student with an understanding, appreciation of and respect for the differences of others.
  2. This administrative policy does not anticipate every situation that might occur and, therefore, the needs of each student must be assessed on a case-by-case basis. In all cases, the goal is to foster the safe and healthy development of the transgender or gender non-conforming student while maximizing the student’s social integration into the school setting and minimizing stigmatization of the student.
  3. SNACS will not require proof of medical treatments as a prerequisite for respecting a student’s gender identity or expression. If a school education director (aka: principal) has an objective basis that would justify questioning whether a student’s asserted gender identity or expression is genuine, he/she may ask for information to show the gender identity or expression is sincerely held.
  4. Rights and Protections
    1. Right to Privacy –
      1. Transgender and gender non-conforming students have a right to privacy, including keeping private their sexual orientation, gender identity, transgender status or gender non-conforming presentation at school. Transgender and gender non-conforming students have the right to discuss and express their gender identity and expression openly and to decide when, with whom, and how much to share their private information.
      2. Staff shall not disclose information that may reveal a student’s transgender or gender non-conforming status to others, including parents/ guardians and other staff members, unless there is a specific “need to know,” they are legally required to do so or unless the student has authorized such disclosure.
      3. Staff must be mindful of the confidentiality and privacy rights of students when contacting parents/guardians so as to not reveal,imply or refer to a student’s actual or perceived sexual orientation,gender identity, or gender expression.
    2. Names/Pronouns – Students have the right to be addressed by the names and pronouns that correspond to their gender identity. Using the student’s preferred name and pronoun promotes the safety and well being of the student. When possible, the requested name shall be included in the SNACS electronic database in addition to the student’s legal name, in order to inform faculty and staff of the name and pronoun to use when addressing the student.
      1. A student is not required to change his/her official school record or obtain a court-ordered name or gender change in order to be addressed at school by the name and pronoun which corresponds to their gender identity. Such a request may be made by the student or by the student’s parent/guardian. If a student initiates such are quest, the student’s and the student’s parent/guardian will be consulted.
      2. If a student obtains a court order changing his/her name or recognized gender, the student or student’s parent/guardian should notify the school of the court order and the official school records will be modified as appropriate in accordance with the court order.
    3. Restroom Access – Students shall have access to the restroom that corresponds to their gender identity as expressed by the student and asserted at school. Transgender and gender non-conforming students shall not be forced to use the restroom corresponding to their physiological or biological sex at birth, nor an alternative restroom such as in the health clinic.
      1. If a transgender or gender non-conforming student or the student’s parent/guardian provides notice to the school principal of a reason or desire for increased privacy and/or safety with regard to restroom use, regardless of the underlying reasons, the school shall take reasonable steps to provide a reasonable accommodation for the student, including but not limited to, providing the student access to gender neutral unisex restroom facilities or a single stall restroom. However, no student shall be compelled to use such bathroom.
    4. Locker Rooms or Other Facilities – Students shall have access to use facilities that correspond to their gender identity as expressed by the student and asserted at school, irrespective of the gender listed on the student’s records, including but not limited to locker rooms. Transgender and gender non-conforming students shall not be forced to use the locker room corresponding to their physiological or biological sex at birth.
      1. If a transgender or gender non-conforming student or the student’s parent or /guardian provides notice to school officials a reason or desire for increased privacy and/or safety with regard to locker room use, regardless of the underlying reason, the student shall be provided access to a reasonable alternative locker room. The use of such accommodations shall be a matter of choice for a student and no student shall be compelled to use such accommodations. Such accommodations may include but not limited to:
        1. Use of a private area in the public area (e.g., a nearby restroom stall with a door, an area separated by a curtain, a P.E. instructor’s office in the locker room, or a nearby gender neutral restroom);
        2. A separate changing schedule (either utilizing the locker room before or after the other students); or
        3. Use of a nearby private area (e.g., a nearby restroom, a nurse’s office).
    5. Physical Education Class and Athletics – Transgender and gender non-conforming students shall be permitted to participate in physical education classes and intramural sports in a manner that is consistent with their gender identity.
    6. Interscholastic Competitive Sports Teams – Participation in interscholastic athletics by transgender and gender non-conforming students in a manner consistent with their gender identity will be addressed on a case-by-case basis, consistent with the rules and bylaws governing interscholastic sports competition, the Nevada Interscholastic Activities Association (NIAA), Title IX, and any other applicable laws, rules or bylaws.
    7. Dress Code – Transgender and/or gender non-conforming students have the right to dress in accordance with the gender identity or gender expression that they consistently assert at school and within the requirements of the school’s dress code or site-based school uniform policy.
    8. Yearbook Photos – Schools shall offer one of two alternatives in order to accommodate the needs of transgender and gender non-conforming students: (1) Allow students the option to select their preferred picture attire or “uniform”, regardless of their biological sex and which is consistent with the student’s asserted gender identity; or (2) Adopt a standardized,gender neutral picture “uniform” such as a cap and gown
    9. Academic Programming – the SNACS discourages, within academic programming, the separation of students based upon gender unless it serves a compelling instructional or academic interest.
    10. Gender Segregation in Other Activities – In other circumstances where students are separated by gender in school activities (e.g. class discussions,field trips, etc.), transgender and gender non-conforming students shall be permitted to participate in accordance with their gender identity that is asserted at school. Activities that may involve the need for accommodation to address student privacy concerns will be addressed on a case-by-case basis. In such circumstances, staff shall make a reasonable effort to provide an available and reasonable accommodation for the student that can address any such concerns.
    11. Official Records – SNACS is required to maintain a mandatory permanent record which includes the legal name of the student, as well as the student’s gender. SNACS shall only change a student’s official records to reflect a change in legal name or gender upon receipt of documentation that such legal name and/or gender have been changed in accordance with Nevada legal requirements.
  5. Terminology
    1. The following are examples of ways in which transgender and gender nonconforming youth describe their lives and gendered experiences: trans,transsexual, transgender, male-to-female (MTF), female-to-male (FTM), bi-gender, two-spirit, trans man, and trans woman.
    2. Faculty and staff may inquire which terms students may prefer and avoid terms that make these students uncomfortable; a good general guideline is to employ those terms which the students use to describe themselves.
  6. Discrimination, Harassment and Bullying Complaints
    1. Concerns and/or complaints should be brought to the attention of the education director (aka: principal) immediately. SNACS provides several reporting mechanisms to include:
      1. Online at: www.snacs.org/bullying
      2. By phone via Secret Witness at: 775-329-6666
      3. Written or verbal to the education director (aka: principal) or other staff member
    2. A formal complaint of discrimination, harassment, intimidation or bullying based upon a student’s transgender or gender non-conforming status, or a student’s sex, gender, sexual orientation or gender identity may be brought under Board Policy, Bullying, Harassment and Discrimination Prohibited, Board Policy, Safe and Respectful Learning Environment, the associated administrative regulations and the procedures set forth therein. Incidents and/or allegations shall be given immediate attention which include, but are not limited to, the following:
      1. Intervening immediately to stop the discrimination, harassment,bullying and/or violent behavior;
      2. Investigating the incident;
      3. Determining and enforcing corrective actions, as appropriate;
      4. Monitoring to ensure the behavior does not persist.
    3. The intentional or persistent refusal to respect a student’s gender identity,such as by referring to the student by a name or pronoun that does not correspond to the student’s gender identity, may be considered a violation of Board Policy, Bullying, Harassment and Discrimination Prohibited, as well as this administrative regulation.

DEFINITIONS

  1. These definitions are provided not for the purpose of labeling students but to assist in understanding this document and the legal obligations of faculty and staff.
    1. Gender Expression – The manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyles, activities,voice or mannerisms.
    2. Gender Identity: An individual’s understanding, outlook, feelings and sense of being masculine, feminine, both or neither, regardless of one’s biological sex.
    3. Gender Nonconforming – A term for people whose gender expression differs from stereotypical expectations, such as “feminine” boys, “masculine” girls,and those who are perceived as androgynous. This includes people who identify outside traditional gender categories or identify as both genders.Other terms that can have similar meanings include gender diverse or gender expansive.
    4. Gender Non-conforming / Variant: an individual who is, or is perceived to have, characteristics or behaviors that do not conform to societal expectations of gender expression. Gender non-conforming or variant individuals may or may not identify as lesbian, gay, bisexual, transgender or questioning.
    5. Sexual Orientation means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality. Individuals may identify their sexual orientation as heterosexual, lesbian, gay, bisexual,questioning, or in other terms. Not all transgender youth identify as gay,lesbian, bisexual or questioning, and not all gay, lesbian, bisexual and questioning youth display gender non-conforming characteristics.
    6. Transgender – A term used to describe a person whose gender identity or expression is different from that traditionally associated with an assigned sex at birth. Other terms that can have similar meanings are transsexual and trans.
    7. Transition – The process in which a person goes from living and identifying as one gender to living and identifying as another.

DESIRED OUTCOMES

  1. SNACS, through this administrative Policy, seeks to foster an educational environment that is safe and free from discrimination for all students, faculty and staff, parents/guardians, volunteers and visitors, regardless of gender identity or gender expression.
  2. This Administrative Policy:
    1. Seeks to facilitate compliance with local, state, and federal laws concerning bullying, harassment and discrimination and to ensure that SNACS policies do not discriminate against transgender and gender non-conforming students.
    2. Documents SNACS intent to reduce the stigmatization of and improve the educational integration of transgender and gender non-conforming students, maintain the privacy of all students, and foster cultural competence and professional development for faculty and staff.
    3. Will support healthy communication between SNACS and parents/guardians to further the successful educational development and well-being of every student.

IMPLEMENTATION GUIDELINES & ASSOCIATED DOCUMENTS

  1. This administrative policy reflects the goals of the SNACS Strategic Plan.
  2. This administrative policy complies with Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC), to include:
    1. Chapter 386, Local Administrative Organization
      1. NRS 386.420 – 386.470, Nevada Interscholastic Activities Association
    2. Chapter 388, System of Public Instruction
      1. NRS 388.121 – 388.145, Provision of Safe and Respectful Learning Environment
    3. Chapter 391, Pupils
  3. This administrative regulation complies with federal laws and regulations to include:
    1. Title VI of the Civil Rights Act of 1964
    2. Title IX of the Education Amendments of 1972

REVIEW AND REPORTING

  1. This administrative policy shall be reviewed as part of the bi-annual review and reporting process, following each regular session of the Nevada Legislature. The Board of Governance shall receive notification of any required changes to the guiding policy as well as an audit of the accompanying governing documents.
  2. Additional administrative regulations and/or other associated documents may be developed as necessary to implement and support this administrative regulation.

REVISION HISTORY

Date: 3/22/2018
Version: 1.0
Modification: Adopted