District Policy 8400 Definitions

Updated on Fri, 10/16/2020 - 3:23pm

Important Definitions:

  • Staff member: All District employees and persons serving as authorized volunteers pursuant to District Policy 8800.
  • Protected Classes: Means race, sex (including pregnancy, childbirth, and related medical conditions), color, age, religion, creed, national origin (including ethnicity), ancestry, genetic information (including family medical history), marital status, sexual orientation, transgender identity, gender identity, gender expression, or disability.
  • Discrimination: Refers to two (2) broad categories of discrimination:
    • Disparate treatment: Occurs when an individual is treated differently than others who are similarly situated and the basis of different treatment is the individual’s protected class.
    • Disparate impact: Is the disproportionately adverse effect of neutral policies on a group of individuals in a protected class.
  • Discriminatory Harassment: unwelcome conduct directed at an individual based on one or more of the individual’s protected classes which is so severe, persistent, or pervasive that it interferes with an individual’s academic performance, employment, or participation in District programs or activities, and creates an environment that a reasonable person would find intimidating, hostile or abusive. Offensive conduct based on an individual’s protected class may include, but is not limited to:
    • Offensive jokes, slurs, epithets, or name calling;
    • Physical assaults, threats, or intimidation;
    • Offensive objects or pictures; and,
    • Interference with school or work performance.
  • Retaliation: any attempt to seek retribution against an individual or group of individuals involved in filing a complaint or report under this policy, filing an external complaint, participating in a disciplinary process, or opposing in a reasonable manner an action believed to constitute a violation of this policy. Retaliation can take many forms, including abuse or violence, threats, harassment, and intimidation. Actions in response to a good faith report or response under this policy are considered retaliatory if they have a materially adverse effect on the academic or working environment of an individual or if they hinder or prevent the individual from accessing the District’s educational programs or from carrying out the staff member’s work responsibilities.