An Administrator's Guide to California Private School Law

Chapter 7 - Recognizing And Preventing Harassment, Discrimination And Retaliation

possible, complete confidentiality cannot be guaranteed or provided because of the need to investigate. Complainants should also be permitted to complain verbally, although the complaint procedure should encourage employees to state their complaints in writing. After receiving a complaint, the school should acknowledge its receipt in writing and notify the employee of the process that will follow. B. S TUDENTS For the most part, the anti-harassment, discrimination, and retaliation polices for students should mirror those for employees. For example, under federal law, private schools must create and maintain a policy stating that they do not discriminate on the basis of race, color, and national or ethnic origin. The policy is required to be fairly broad and should state that the school does not “discriminate on the basis of race, color, or national or ethnic origin in the administration of its educational policies, admissions policies, scholarship and loan programs, and other school- administered programs.” 1023 Every non-profit school must also include a statement of its racially nondiscriminatory policy as to students in all its brochures and catalogues dealing with student admissions, programs, and scholarships. 1024 Further, schools must sign a certification by the 15th day of the 5th month following the end of the calendar year or fiscal period affirming that it has met these obligations. 1025 The Education Code requires every school, including private schools, to have a written policy on sexual harassment that applies to students. 1026 The policy must include information on reporting sexual harassment, be part of the school’s regular policy statement, and be displayed in a prominent location such as the main administration building or other area where notices regarding the school’s rules, regulations, procedures, and standards of conduct are posted. The policy must also be provided to students at orientation or at the beginning of each school year. LCW Practice Advisor

Sexual harassment between students, or sexual harassment of students by an adult, may be reportable events under California’s mandatory reporting requirements. 1027

I NVESTIGATING A LLEGATIONS O F H ARASSMENT , D ISCRIMINATION , O R R ETALIATION

Section 12

As part of a school’s obligation to take all necessary steps to prevent discrimination and harassment, and retaliation, upon receiving a complaint or becoming aware of potential discriminatory, harassing, or retaliatory conduct, a school must investigate the allegations and not give advantages to one side over another. 1028 The investigation must be prompt, fair, and thorough. 1029

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 251