Nondiscrimination and Harassment

The Governing Board desires to provide a safe school environment that allows all students equal access and opportunities in the district’s academic, extracurricular, and other educational support programs, services, and activities. The Board prohibits, at any district school or school activity, unlawful discrimination, including discriminatory harassment, intimidation, and bullying, targeted at any student by anyone, based on the student’s actual or perceived race, color, ancestry, nationality, national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or association with a person or group with one or more of these actual or perceived characteristics.

Complaint forms can be downloaded using the links below and also available at school sites and at the Centralized Enrollment Center, located at 725 Whipple Road, Union City, California 94587.  For further information, call 510-476-2625. 

Title IX

“Title IX prohibits discrimination based on a student’s sex, including sex stereotypes, sex characteristics, gender, gender identity, sexual orientation, pregnancy, childbirth, termination of pregnancy, or lactation, including related medical conditions or recovery, and parental, family, and marital status.”

Inquiries about the application of Title IX may be referred to the Title IX Coordinator or the U.S. Department of Education’s Office for Civil Rights (OCR)

New Haven Unified School District Title IX Coordinator

Kameelah Green
Director, Personnel Services
34200 Alvarado Niles Rd., Union City, CA 94587
kgreen@nhusd.k12.ca.us
(510) 471-1100

Complaint Hearing Officer

Marcus Lam
Director, Pupil Services
34200 Alvarado Niles Rd., Union City, CA 94587
mlam@nhusd.k12.ca.us
(510) 471-1100

The District is responsible for operating its educational programs in a non-discriminatory manner. The District must prevent discrimination on the basis of sex in its programs and activities and prohibit retaliation against any person for opposing an unlawful practice or policy, or filing, testifying about, or participating in any complaint under Title IX.

The District has a responsibility to respond promptly and effectively to allegations of sex-based discrimination, including sexual harassment and sexual violence.  More information about the District’s responsibilities under Title IX related to sex-based discrimination and harassment may be found in the District’s nondiscrimination policies including Board Policy 5145.3 and Board Policy 4030.  More information about the District’s responsibilities under Title IX related Title IX sexual harassment may be found in the District’s Title IX Sexual Harassment Complaint Procedures at AR 4119.12/4219.12/4319.12 (Personnel) and AR 5145.71 (Students).

For more information about a school district’s responsibilities under Title IX, please visit:

• US Department of Education, Title IX Overview
• US Department of Education, Office for Civil Rights
• Office of U.S. Equal Employment Opportunity Commission
• California Department of Education, Office of Equal Opportunity 
• California Department of Education Gender Equity/Title IX  Phone:  916-445-9174

Bullying

Discrimination, harassment, intimidation, and bullying are not acceptable ways to treat others. California law and New Haven Unified School District policy prohibit discrimination, harassment, intimidation, and bullying based on a student’s actual or perceived disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics.

Students and families should let their site administration or their student’s teacher know if they see or experience discrimination, harassment, intimidation, or bullying. You have the right to file a complaint and to have the school protect you.

Complaint forms are available on our Bullying Complaints page, on all school district web sites and in all school and administrative offices.

Additional resources regarding bullying can be found at the California State Department of Education website.

Transgender Student Rights

The New Haven Unified School District believes all pupils and staff have the right to participate fully in the educational process, free from discrimination, harassment, intimidation, and bullying. Each school in the district has an affirmative obligation to combat all forms of bias and a responsibility to provide an equal educational opportunity for all.

On August 12, 2013, Governor Brown signed into law California Assembly Bill 1266. This piece of legislation allows students to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with the student’s gender identity, irrespective of the gender listed on the pupil’s records. In short, students shall have access to the locker room and restroom facilities that corresponds to their gender identity asserted at school. This piece of legislation is effective January 1, 2014.

Restroom Accessibility

Where available, a “gender-neutral” restroom may be used by any student who desires increased privacy, regardless of the underlying reason. The use of such a “gender-neutral” restroom shall be a matter of choice for a student and no student shall be compelled to use such restroom.

If the student feels that there is a reason or desire for increased privacy and safety, regardless of the underlying purpose or cause, the administrator is to provide the student with access to a reasonable alternative restroom such as a single stall “gender-neutral” restroom or the health office restroom.

Locker Room Accessibility

Schools may provide a student access to a locker room facility that corresponds to the gender identity that the student asserts at school considering the available accommodation and the needs and privacy concerns of all students involved.

If there is a reason or request for increased privacy and safety, regardless of the underlying reason, any student may be provided access to a reasonable alternative locker room such as:

1. Use of a private area in the public area of the locker room facility (i.e., a nearby restroom stall with a door, an area separated by a curtain, or a P.E. instructor’s office in the locker room).
2. A separate changing schedule (either utilizing the locker room before or after the other students).
3. Use of a nearby private area (i.e., a nearby restroom or a health office restroom).

If you believe this policy may apply to your student, please encourage your student to identify and confide in a trusted adult on campus who can advocate and support him or her in developing a plan that meets your student’s needs.