When talking about discrimination, harassment, or retaliation in an academic setting, it is important to remember that there are two distinct environments at issue: the work environment and the educational environment.  While each environment presents its own unique challenges, there is no disputing the negative impacts that result from discrimination, harassment, or retaliation in either environment.  Discrimination, harassment, or retaliation impedes both employment and educational opportunities, and negatively impacts employee and student morale, work or academic performance, and the provision of educational services.

In addition, such conduct: (1) deters quality job applicants from applying to your district (2) creates a poor public image; and (3) can result in hundreds of thousands of public dollars being spent on attorneys' fees and damage awards, rather than on educational services.

This workbook and the accompanying seminar provides the training that California law requires supervisory employees receive on the prevention of harassment, discrimination, and retaliation. It also discusses the obligations that districts have toward their students in providing them with an educational environment that is free of harassment, discrimination, and retaliation.

Topics Include:

• Laws Prohibiting Harassment, Discrimination, and Retaliation
• Protected Statuses/Classifications
  • Race and National Origin
  • Religious Creed
  • Physical Disability
  • Mental Disability
  • Medical Condition
  • Genetic Information
  • Sex/Gender
  • Age
  • Military and Veteran Status
  • Marital Status
  • Opposition to Unlawful Conduct
  • Association/Perception
• Discrimination          
  • Disparate Treatment
  • Disparate Impact
• Harassment
  • Hostile Work/Educational Environment Harassment
  • Quid Pro Quo
• Bullying And Abusive Conduct
  • Introduction
  • What Is Workplace Bullying/Abusive Conduct And Who Is Affected?
  • Bullying/Abusive Conduct Is Not Illegal Harassment
  • Examples Of Bullying/Abusive Conduct
  • How Bullying/Abusive Conduct Impacts The Workplace
  • What Should Your District Do To Prevent Or Address Workplace Bullying/Abusive Conduct?
  • What Can Managers Do About Bullying/Abusive Conduct?
• Retaliation
  • Protected Activity
  • Adverse Action
  • Causal Connection/Nexus
  • Other Anti-Retaliation Laws
• Anti-Discrimination Laws Do Not Immunize Employees From Discipline When Warranted
  • Treat All Employees Equitably
  • Performance Evaluations
  • Discipline
• Preventing Harassment, Discrimination, and Retaliation
• Developing an Anti-Harassment, Discrimination and Retaliation Policy
• Training Employees to Prevent Harassment, Discrimination, Retaliation, and Abusive Conduct
  • Mandatory Harassment Prevention Training
  • Title IX Training
  • Other Training
• Investigating Allegations of Harassment, Discrimination, or Retaliation
  • Appoint An Investigator
  • Keep The Investigation Confidential
  • Right Of Representation
  • Lybarger Admonitions
  • Discriminatory Investigations
• Determining The Appropriate Remedy For Findings of Harassment, Discrimination, or Retaliation
• Title IX Requirements for Resolving Complaints of Sexual Harassment
  • Responding to Complaints/Allegations
  • Grievance Process
  • Notice Requirements
  • Investigations and Standard of Proof
  • Questioning Parties and Witnesses
  • Live Hearing
  • Determinations
  • Dismissals
  • Right to Appeal
  • Informal Resolutions
  • Training
• California Education Code Requirements for Resolving Complaints of Sexual Harassment
• Internal and Title 5 Administrative Remedies
• Exhaustion of EEOC and DFEH Administrative Remedies and Applicable Statute of Limitations
  • EEOC
  • DFEH
• Liability for Money Damages
  • Who Can Be Liable?
  • Harassment by Clients or Non-Employees
  • Constructive Discharge
  • Obligation To Defend And Indemnify Individual Public Employees