Nondiscrimination and Harassment

The Berkeley Unified School District is committed to providing a safe working and learning environment, free from discrimination, harassment, intimidation and bullying. Federal and State law and the California Education Code mandate that the District annually publish and disseminate nondiscrimination notices. School and offices are to annually publish and disseminate the required “Nondiscrimination Statement” and “Sexual Harassment Prevention Policy, as well as other materials outlined in the policy found on this page.

Discrimination is defined as the act of prohibiting or barring access to the District’s educational programs, services and activities based on an individual’s protected class status.  Below are the legal elements that define discrimination. All four elements must apply.

1. Different treatment based on a protected class.
2. In the context of an educational program or service.
3. Without a legitimate nondiscriminatory reason.
4. Interferes with the individual’s ability to participate in, or benefit from, the programs, services, activities, or benefits provided by the District.

Harassment is the act of targeting an individual based on his/her/their protected class status. Below are the legal elements that define harassment. With the exception of sexual harassment, all five elements must apply.

1. The target is subjected to unwelcome conduct.
2. The unwelcome conducted is related to an individual’s protected class status.
3. The conduct is objectively offensive to a reasonable person of the same characteristics.
4. The conduct is sufficiently severe, persistent, or pervasive.
5. Interferes with the individual’s ability to participate in, or benefit from, the programs, services, activities, or benefits provided by the District.

Documents

BUSD Nondiscrimination Statement
Uniform Complaint Procedures Form (PDF)
Uniform Complaint Procedures Form (Word Document)
Nondiscrimination & Harassment Board Policy 5145.3
BUSD Law and Policy Guidance & Support
Title IX Nondiscrimination and Sexual Harassment Training (Administrators)
Title IX Nondiscrimination and Sexual Harassment Training (Faculty)
Title IX Training (Counselors)
Uniform Complaint Procedure Administrative Regulation 1311 

For inquiries or complaints related to discrimination, harassment, bullying or intimidation of students, based on actual or perceived protected characteristics, contact your Principal, Civil Rights Manager, or:

Jasmina Viteskic
District Title IX Coordinator/Compliance Officer
Berkeley Unified School District
2020 Bonar Street, Room 117, Berkeley CA 94702
Phone: (510) 486-9338 | Email: complaints@berkeley.net