Policies for the Protection of Students

The policies in the Student/Parent and Faculty/Staff Handbooks are in place to ensure Presentation employs best practices in its education and empowerment of young women in an open, safe, and supportive community. The policies are evaluated and revised annually. The following represents policies centered on the protection of students, which will be represented in handbooks for students, parents, faculty and staff beginning in the fall of 2018.

Student Anti-Harassment & Anti-Bullying Policy

Anti-Harassment and Anti-Bullying Policy

Presentation High School is committed to providing a safe school environment that respects Catholic values where all members of the community are treated with dignity and respect and that is free from harassment and bullying in any form. Harassment or bullying of any student by any other student, teacher, coach staff member, or school volunteer is prohibited. No student of the school shall be subjected to bullying or harassment on the basis of actual or perceived traits or characteristics: age, color, creed, national origin, race, religion, color, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex and gender, sexual orientation, gender identity and expression, physical attributes, political party preference, political belief, socioeconomic status, or familial status. No employee, volunteer or student shall engage in harassing or bullying behavior based on this list of traits or characteristics.

Harassing conduct by students towards other students or towards faculty or staff members may result in corrective or disciplinary action, up to and including suspension or expulsion from Presentation High School. Harassment of students by faculty or staff members will result in corrective or disciplinary action, up to termination of employment.

Harassment can take many forms, and may include verbal, written, physical, or visual conduct.


Verbal, Visual, and Physical Harassment Defined

Harassment on the basis of any legally protected characteristic, as previously identified, is prohibited. This includes conduct such as:

  1. Verbal conduct including threats, epithets, derogatory comments or slurs, whether communicated verbally, in writing, electronically (such as email, instant message, text message, digital pictures or images, web site postings - including social media) designed to intimidate, abuse or humiliate another based on an individual’s protected characteristic;
  2. Visual conduct, including derogatory posters, photographs, cartoons, drawings or gestures designed to intimidate, abuse or humiliate another based on protected characteristic; and
  3. Physical conduct, including intimidating or unwelcome conduct, such as touching a person or a person’s property, hazing, assault, stalking, unwanted touching or blocking normal movement because of an individual’s protected characteristic.

Sexual Harassment Defined

Sexual harassment includes unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when, in the case of a student’s:

  1. Submission to such conduct is made a term or condition of education;
  2. Submission to or rejection of such conduct is used as a basis for educational decisions affecting the individual; or
  3. Such conduct has the purpose or effect of unreasonably interfering with a student’s educational performance or creating an intimidating, hostile or offensive educational environment.

Prohibited harassment conduct includes, but is not limited to the following behavior:

  1. Verbal conduct such as epithets, derogatory jokes or comments, slurs or unwanted sexual advances, invitations or comments;
  2. Visual displays such as derogatory and/or sexually-oriented posters, photography, cartoons, drawings or gestures, text messages, emails, or websites;
  3. Physical conduct such as assault, unwanted touching, intentionally blocking of normal movement or interfering with work directed at a faculty or staff member, employee or student because of the race or sex or any other protected basis of the faculty or staff member or student;
  4. Retaliation for having reported or having threatened to report harassment;
  5. Unwanted sexual advances;
  6. Sexual comments, e-mails, texts, notes, letters, drawings, cartoons, photos, or images;
  7. Sending or showing nude drawings, cartoons, videos, photos, or images;
  8. Physical conduct such as unwanted kissing, hugging, patting, petting, pinching, touching, sexual assault or violence, intimidating or vulgar body language such as leering, brushing up against another’s body, or blocking normal movement;
  9. Threats and demands to submit to sexual requests as a condition of admission to the school, continued good standing in class or at the school, maintaining a certain grade or status in class, or to gain some school benefit or to avoid some loss;
  10. Making or threatening reprisals after a negative response to a sexual advance; and
  11. Communication via electronic media of any type that includes any conduct that is prohibited by state and/or federal law, or by School policy.

Bullying Defined

“Bullying” means systematically and chronically inflicting physical hurt or psychological distress on one or more students or employees. It is further defined as: unwanted purposeful written, verbal, nonverbal, or physical behavior, including but not limited to any threatening, insulting, or dehumanizing gesture, by an adult or student, that has the potential to create an intimidating, hostile,or offensive educational environment or cause long term damage; cause discomfort or humiliation; or unreasonably interfere with the individual’s school performance or participation, is carried out repeatedly and is often characterized by an imbalance of power.

Bullying may involve, but is not limited to:

  • Unwanted teasing
  • Threatening
  • Intimidating
  • Stalking
  • Cyber stalking
  • Cyber bullying
  • Physical violence
  • Theft
  • Sexual, religious, or racial harassment
  • Public humiliation
  • Destruction of school or personal property
  • Social exclusion, including incitement and/or coercion
  • Rumor or spreading of falsehoods

Protection Against Retaliation and False Reporting

Retaliation against a person because the person has filed a bullying or harassment complaint or assisted or participated in a harassment investigation or proceeding is prohibited. An individual who knowingly files a false bullying or harassment complaint and a person who gives false statements in an investigation shall be subject to discipline by appropriate measures, as shall a person who is found to have retaliated against another in violation of this policy. A student found to have retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion.

Discrimination, Harassment, Retaliation and Abusive Conduct Complaint Procedure

Any student who believes that she has been harassed, discriminated against, or subjected to retaliation or abusive conduct should immediately report their concerns to any faculty or staff member of Presentation High School, or to the Director of the Office for the Prevention of Student Bullying, Harassment, and Abuse. When a report is received, the School will review the complaint in a fair, timely, thorough and objective manner that provides all parties appropriate due process and reaches reasonable conclusions based on the evidence collected.

If the complaint relates to an area where the faculty or staff member has a reasonable suspicion of child abuse or neglect, she or he must immediately file a mandatory report, and the information will be provided to Child Protective Services or other outside agencies/parties per state and national law. The outside agency will then determine the appropriate course of action. Complaints that do not require a report to an outside agency will be referred directly to the Director of the Office for the Prevention of Student Bullying, Harassment, and Abuse.

Upon completion of the review, the School will communicate its conclusion, if able. If the School determines that this policy has been violated, remedial action will be taken, commensurate with the severity of the offense, up to and including student expulsion or the termination of an employee contract. Appropriate action will also be taken to deter any such conduct in the future.


Resources for Students and Families

Crisis Hotlines:

Bill Wilson SOS Crisis Hotline

Crisis Hotline

Phone: 408-278-2585

Community Solutions SOS Crisis Hotline

Local Hotline for Youth in Crisis

Phone: 408-683-4118

Crisis Text Line

Support for Youth in Crisis

Phone: Text “BAY” to 741741

Web: www.crisistextline.org

National Suicide Prevention Lifeline

Suicide Hotline

Phone: 800-273-8255

Trevor Lifeline (LGBTQ Youth)

LGBTQ Hotline

Chat, text, online forum

Phone: 866-488-7386

Text TREVOR to 1-202-304-1200

Web: www.thetrevorproject.org

National Teen Dating Abuse Helpline

Dating Abuse Hotline

Phone: 866‐331‐9474

Web: www.loveisrespect.org

National Sexual Assault Hotline

Sexual Assault Hotline

Phone: 800.656.HOPE

Web: online.rainn.org


In-Home Support/Crisis Response:

Child and Adolescent Mobile Crisis

In-Home Crisis Response Team for youth in crisis

Phone: 408-379-9085

Alum Rock Counseling and Mobile Crisis Service

Crisis Response Team to respond in home for youth in crisis

Phone: 408-294-0579


Emergency Response for Youth:

Uplift Family Services Crisis Stabilization Unit

Short term emergency assessment and stabilization for youth in crisis

Phone: 408-364-4083

251 Llewellyn Ave

Crisis Stabilization Unit

Campbell, California


Local Resources and Community Services:

Community Resources

Clearinghouse of services available in Santa Clara County

Web: 211.org

Phone: 211

Bill Wilson Center

Multiple Services for Youth in Need

Phone: 408-243-0222

Web: www.billwilsoncenter.org

Santa Clara County Mental Health

Information on Mental Health Services in Santa Clara County

Phone: 800-704-0900

Santa Clara County Mental and Behavioral Health Resources

Resources for Mental Health in Santa Clara County

Web: http://santaclara.networkofcare.org/mh/services/category.aspx?cid=8247&targetgrp


Informational Resources:

American Foundation for Suicide Prevention

Information and resources about suicide prevention

Web: afsp.org

Psychology Today

Broad based information and therapist locator

www.psychologytoday.com

National Council for Behavioral Health

Clearinghouse for information regarding behavioral and mental health

Web: www.thenationalcouncil.org/

GLAD Resource List

Resources and information re: LGBTQ

Web: https://www.glaad.org/resourcelist

Bullying Help in the US

Resources for bullying support

Web: https://nobullying.com/bullying-help-usa/

Faculty Handbook Policies Relating to Students

Professional Staff

The personnel practices of Presentation High School cannot be understood apart from the understanding of the mission of Catholic Education and the role of the teacher in that mission. Catholic education aims to guide people to true freedom and a fuller humanity in all areas of life-intellectual, physical, moral, psychological, social, aesthetic and spiritual – according to the example of Christ who came that all might live more fully. As a private Catholic High School for girls, Presentation High School has the advancement of that mission for its primary purpose, endeavoring to provide an awareness of Christian reality in the whole secondary learning process.

In reality, the teacher in Catholic School commits herself or himself to the mission of Catholic Education. Specifically, the teacher at Presentation High School accepts a position of cooperation in the educational apostolate of the Sisters of the Presentation; such a position is far more than a “job” in the ordinary sense of the word. It is truly a form of apostolic service; a dedication of a portion of the teacher’s mission to the church and the consequent acceptance of conditions of employment, which reflect that dedication.

Professional Responsibilities

  1. Support the mission and philosophy of PHS and show a commitment to high educational standards within the framework of Catholic principles.
  2. Read and understand the terms of your contract with PHS and the policies included in this handbook. Contact Human Resources with any questions about the terms of your employment with PHS.
  3. Undertake contractual assignments during and outside of school hours.
  4. Be familiar with the rules and regulations of PHS, comply with them personally and enforce them with students. If you cannot support a given rule or policy, and reasonable attempts at effecting change in rule or policy have failed, your only course of action is to comply with the policy or resign if the rule or policy is a requirement for fulfilling your job responsibilities.
  5. Treat each student as you would like your child to be treated. No matter how angry you become, never punish a student without explaining what the student did that merits punishment. Allow the student some opportunity to explain the behavior.
  6. The use of physical force as a means of discipline is absolutely forbidden. Should a faculty/staff member need to intervene in a physical altercation between a student and a third party, then only the amount of force necessary to subdue the situation shall be used by the faculty/staff member and the school Administration shall be immediately notified of the situation as soon as it is practically possible.
  7. Take every reasonable precaution to ensure the safety of students. Report any unsafe situation to the principal or other appropriate person.
  8. Exercise personal maturity and professionalism in all communications with students and parents.
  9. Professional boundaries must be maintained between faculty/staff and students at all times. It is forbidden for a faculty/staff member to enter into a relationship with a student that keeps the faculty/staff member from responding to other students’ needs or that compromises their objectivity. Bullying, harassment, and abuse of students is forbidden.
  10. Students under your supervision are not to be left unattended except in the event of an unavoidable emergency. In that situation, every attempt should be made to secure another adult to supervise the students until the emergency is managed. In the event that another adult is not available to supervise, then the students should be firmly directed as to their expected conduct while the faculty/staff member is managing the emergency.
  11. When making comments about a student, the focus should be on the problem or issue and the proposed solution to the problem or issue rather than personal statements about the student. The problem or issue should be clearly stated and followed up by the proposed recommendations as to how the problem or issue should be managed.
  12. Always avoid even the appearance of defamatory speech about a student; it is never appropriate to share student information with anyone other than those who have a particular right to know. Any conversations involving student information should be done in a private space. The faculty room does not provide the required degree of privacy for such conversations.
  13. If an accident occurs under your supervision, notify the Principal immediately and complete an accident report within 24 hours. Report forms are in the faculty room.
  14. Attend all assemblies, liturgies and meetings, unless excused for good cause by an Administrator.

Boundaries (Faculty/Staff-Student Relationships)

It is important for teachers and staff members to be interested in students’ lives, yet professional boundaries must be honored. Faculty and staff members are not the student’s parent or friend. Instead, faculty and staff must understand that they are professionals rendering a service. Faculty and staff must not enter into or maintain a relationship with a student that keeps the faculty or staff member from responding to other students’ needs, that compromises their fairness or objectivity, or that calls the appropriateness of their behavior into question when viewed by an objective observer.

The following are examples of behaviors that violates this policy. It is not an exhaustive list.

  • Being at a student’s home without a parent or guardian present at all times.
  • Transporting a student alone in their car.
  • Communicating with a student by any means, electronic or otherwise, on any issue other than one of educational purpose.
  • Interacting with students in the form of any social media or networking that is not directly related to their professional role at Presentation.
  • Socializing with students outside of school or outside of a school activity without a parent or guardian personally present at all times.
  • Sharing anything more than the most basic of personal information with a student about the faculty/staff member’s personal life (i.e. Appropriate: “I have three children” versus inappropriate: “I have three children and my spouse and I are under incredible strain and pressure from parenting these children.”).
  • Being alone with students in situations or circumstances that are or could be misconstrued as unprofessional.
  • Interacting with or touching students in a sexual or otherwise inappropriate manner.

Remember, when in doubt, ask yourself: “What would a reasonable person do in this situation?” If someone else was in this circumstance, what would I advise him/her to do?

Meetings in Classrooms

  1. Students may not be in classrooms without adult supervision. Faculty and staff are responsible for enforcing this policy by asking students to exit classrooms that do not have adults in them or by arranging for appropriate supervision.
  2. If a faculty member is having a lunch-time meeting, she/he is responsible to see that no mess is left behind. Do not leave the remains of lunches in the waste paper baskets. Instead, have a student empty garbage into an outside receptacle.
  3. There should be no parties during instructional time. Make arrangements to have parties before school, at lunch time, or after classes. All parties must be school-sponsored events and must be approved by an administrator in advance.
  4. The door to the classroom should be left open at all times when a faculty/staff member is meeting with a student in the classroom.

Overnight Chaperone Responsibilities

The following responsibilities and guidelines apply to all chaperones of an overnight student activity and/or trip:

  1. Supervision of the safety and learning of students is a most serious responsibility. Supervision is both a mental and physical act. Do not allow conversations or work to distract you from what the students are doing.
  2. When a faculty member is responsible for supervising a student activity, that faculty member shall not ingest any alcohol or drug (including medical or recreational marijuana) within five hours of the event and shall not be under the influence of any medication that might compromise his/her ability to properly supervise and manage the student activity.
  3. Chaperones serve as the “local parent” and are responsible for the safety and well-being of all students in their charge. A chaperone is required to disclose anything that would preclude him/her from carrying out that responsibility before accepting the responsibility to chaperone.
  4. Chaperones are responsible for reporting any circumstances that calls into question the safety, well-being, or health of students to the Administration immediately. All chaperones will be provided with the responsible Administrator’s emergency contact information in advance of the trip.
  5. Once direct supervision of students has ended each night, at least one chaperone must be designated as the point-person to respond to unanticipated events or an emergency. This person must refrain from consuming any alcohol or drug (including medical or recreational marijuana) or engaging in any activity that could distract them from this responsibility.
  6. When in doubt, all chaperones must consider “what a reasonable person would do” and “who needs to know about an activity or situation in question”.
  7. Chaperones on overnight trips should not be alone with students in hotel rooms. Two chaperones, including one female chaperone, should conduct student room checks together. In the case of an emergency, chaperones must notify the other trip chaperone(s) if they must enter a student room before doing so.
  8. In addition to these expectations, chaperones are expected to adhere to all requirements outlined in the Trip Chaperone Handbook and any other directives provided by the administrative team.

Failure to adhere to these requirements may result in a faculty member being restricted from chaperoning future activities/trips and/or disciplinary consequences, which may include termination of the chaperone’s employment contract with Presentation High School.

Confidentiality

Each employee is responsible for safeguarding the confidential information obtained during employment.

In the course of your work, you may have access to confidential information regarding Presentation High School, its students, families, donors, and vendors. You have a responsibility to prevent revealing or divulging any such information unless it is necessary for you to do so in the performance of your duties as an employee of Presentation High School. Access to confidential information should be on a “need-to- know” basis and must be authorized by your supervisor. Any breach of this policy will not be tolerated and legal action may be taken by PHS.

“Confidential Information” refers to a piece of information, or a compilation of information, in any form (on paper, in an electronic file, or otherwise), related to the School’s business that the School has not made public or authorized to be made public, and that is not generally known to the public through proper means.

Confidential Information does not include information lawfully acquired by non-management employees about wages, hours or other terms and conditions of employment, if used by them for purposes protected by §7 of the National Labor Relations Act such as joining or forming a union, engaging in collective bargaining, or engaging in other concerted activity for their mutual aid or protection. Nothing in this Employee Handbook prohibits an employee from communicating with any governmental authority or making a report in good faith and with a reasonable belief of any violations of law or regulation to a governmental authority, or disclosing Confidential Information which the employee acquired through lawful means in the course of his or her employment to a governmental authority in connection with any communication or report, or from filing, testifying or participating in a legal proceeding relating to any violations, including making other disclosures protected or required by any whistleblower law or regulation to the Securities and Exchange Commission, the Department of Labor, or any other appropriate government authority.

Faculty and staff members shall make it clear to students that students have no expectation of privacy when it comes to information provided to faculty and staff, particularly if the information relates to an area where the faculty/staff member must mandatory report (harm to self, others, or property) the information to Child Protective Services, local law enforcement, or other outside agencies/parties. In that case, the faculty/staff member shall so advise the student of the obligation on the part of the faculty/staff member to make the report. Faculty and staff are expected to notify school counselors and administrators of such information, as well.

Faculty and staff must also be aware all academic information should be treated as confidential. Never post information pertaining to a student (whether referring to group or individual) on your social networking site.

Presentation’s confidentiality policy applies to both current and former students, including alum. It also applies to student records. If a request for a student’s record is made without the written consent of the student, you must notify the Principal and discuss that request before disclosing those records. Presentation will disclose information from a student’s education record only with the written consent of the student, except under specifically outlined criteria set forth in state and federal regulations.

Child Abuse and Neglect Reporting

Purpose

The goal of this policy is to provide faculty and staff at Presentation High School with the information and support they need to comply with the State Child Abuse And Neglect Reporting Laws for Mandated Reporters outlined in the California Penal Code (P.C. Sections 11164-11174.4. The intent of this reporting law is to protect children from abuse or further abuse, to protect other children and to provide help to the family. Mandated Reporters must stay current on periodic amendments to the law.

Child Abuse Reporting Law

The law states that it is a crime for certain individuals who have contact with children (e.g., school faculty and staff) not to report suspected abuse to the proper authorities. The following are excerpts and summaries of sections from the law:

“...any child care custodian, health practitioner, or employee of a child protective agency who has knowledge of or observes a child in his/her professional capacity or within the scope of his/her employment whom he/she knows or reasonably suspects has been victim of child abuse shall report the known or suspected instance of child abuse to the child protective agency immediately or as soon as practically possible by telephone and shall prepare and send a written report thereof within 36 hours of receiving the information concerning the incident. For the purposes of this article, “reasonable suspicion” based upon facts that could cause a reasonable person in a like position, drawing when appropriate on his/her training and experience, to suspect child abuse”. (Penal Code, #11166)

Failure to report by telephone as soon as possible, and then follow up with a written report within 36 hours is a misdemeanor “punishable by confinement in the county jail for a term not to exceed 6 months or by a fine of not more than $1000 or both”.

Reporting duties of a Mandated Reporter cannot be delegated to another individual. Supervisors or administrators may not impede or inhibit reporting by a Mandated Reporter, nor may they take action against the reporter for making a report. However it is appropriate to establish internal procedures to facilitate reporting and apprise supervisors and administrators of reports as long as these procedures are not inconsistent with the reporting law.

Policy

All faculty and staff who are either employed or on contract with Presentation High School are Mandated Reporters and therefore must make a Suspected Child Abuse Report when they have knowledge of, reasonable suspicion of or have observed a child in a professional capacity or within the scope of their employment or contract, that has been the victim of child abuse or neglect.

While volunteers are not classified as Mandated Reporters under the law, they should immediately report concerns to a staff member who will report reasonable suspicions of child abuse or neglect.

Mandated Reporters must call the appropriate reporting hotline number as soon as possible and provide the following information when the information to be reported pertains to family members or someone living in the home (it is very helpful to fill out the written report prior to making the phone call):

  • Mandated Reporter’s Name
  • Name of Child
  • Present Location of Child
  • Nature and Extent of the Injury
  • Perpetrator if Known
  • Any other pertinent information requested by the child protective agency.

Within 36 hours of receiving the information of the incident a written report must be filed with the child protective agency. This can be mailed in to 333 W. Julian Street, San Jose, CA 95110 or faxed to 408-975-5851. When the information to be reported pertains to someone outside of the family or home, or if the victim is >18 years of age, the Mandated Reporter must call the police at either 911 or 311 depending on the severity of the information. The written report is the same for CPS and Police and should be faxed or mailed to the police station that receives the Mandated Reporter’s call (Reporter will need to ask for fax number or address.) After the report is made, a copy of the written report must be provided to the Presentation High School Counseling Department Chair and Vice Principal of Student Services.

After filing all mandated reports, the Mandated Reporter should immediately notify the Counseling Department Chair, the Director of the Office of Prevention, and the Vice Principal of Student Services of any suspected incidence of child abuse. Furthermore when two or more Mandated Reporters at Presentation jointly have knowledge of suspected child abuse, one Mandated Reporter may, by arrangement, make the required report on the other’s behalf. It is still the non-reporting faculty or staff member’s responsibility to follow up and be sure that the report has been filed.

Following the phone call to report the suspected child abuse or neglect, a social worker from Child Protective Services or a Police Officer may be dispatched to either the school site or the home. Follow up with the family is the responsibility of the county agency. In doing the investigation the name of the Mandated Reporter will not be included in conversations with the family.

If the Child Protective Services social worker deems it necessary to interview the suspected victim at school, the child will be afforded the option of being interviewed in private or will be allowed to select any adult who is a faculty or staff member to be present at the interview. It is the responsibility of the Child Protective Agency worker to make the student aware of their right to have a person of their choice present during the interview. This staff member will not participate in the interview, rather will sit in on the interview as a support to the student. The staff member is subject to confidentiality as to the content of the interview. In most cases the Child Protective Agency social worker will notify the parents of their meeting with the child. If this is not made clear to the school representative, there should be a discussion between the Child Protective Agency social worker and the school representative, usually a counselor, to make a decision as to who will notify the parents.

Definitions

Child care custodian: includes priests, school administrators, counselors, teachers, instructional aides, teacher aides, teacher assistants, extended care personnel, coaches, or assistant coaches employed by any public or private school.

Child Abuse: Abuse must be reported when the victim is a person under the age of 18, and the perpetrator is any person - including a child. The following must be reported (this is not an exhaustive list):

  • A non-accidental physical injury inflicted on a child.
  • Child sexual abuse including both sexual assault and sexual exploitation.
    • Sexual assault includes sex acts with children, intentional masturbation in the presence of children, coercion, and child molestation.
    • Sexual exploitation includes preparing, selling or distributing pornographic materials involving children, performances involving obscene sexual contact and child prostitution.
    • Sexual abuse may also include sexual harassment of a child (sexual comments, showing pornographic material to a child or describing sexual acts in detail).
  • Consensual sexual activity between youth may be reportable depending on the ages and/or age differences of the youth involved.
  • Cruelty or unjustifiable punishment, inflicting mental suffering or emotional abuse (includes bearing witness to domestic violence), or the endangerment of a child or health of a child.
  • Neglect of a child includes acts or omissions harming or threatening a child’s health or welfare.

Reasonable Suspicion: includes suspicion based on circumstances that would cause a “reasonable person” in a like position drawing, when appropriate, upon his/her training and experience, to suspect child abuse or neglect.

Employment Requirements

On January 1, 1985, Chapter 1718 (AB 2710) became effective. It requires any child care custodian who enters into employment on or after that date to sign a written acknowledgment of his/her legal requirement to report child abuse. Below is that written acknowledgment signed by Presentation employees:


CHILD ABUSE REPORTING ACKNOWLEDGMENT

It is my understanding that Section 11166.5 of the California Penal Code requires that any child care custodian who enters into employment after January 1, 1985 acknowledge that Section 11166 requires any child care custodian, health practitioner, or employee of a child protective agency who has knowledge of or observes a child in his or her professional capacity or within the scope of his or her employment whom he or she knows or reasonably suspects has been the victim of child abuse to report the known or suspected instance of child abuse to a child protective agency immediately or as soon as practically possible by telephone and to prepare and send a written report thereof within 36 hours of receiving the information concerning the incident.

It is my further understanding that teachers, instructional aides, teachers’ aides or teachers’ assistants, administrative officers, supervisors of child welfare and attendance, or certificated pupil personnel employees of any public or private schools as well as administrators or employees of a public or private youth center, youth recreation program, or youth organization and administrators or employees of a public or private organization whose duties require direct contact and supervision of children are considered to be child care custodians.

I hereby acknowledge the provisions of Penal Code Section 11166 and will comply with its provisions.

____________________________________ Signature

____________________________________ School

____________________________________ Date

Note: While the school undertakes extensive effort to ensure this form is signed by each faculty and staff member, it is the faculty and staff member’s ultimate responsibility to make sure this form has been signed.

Anti-Harassment Policy

Presentation High School is committed to providing an environment that is free of harassment. PHS policy prohibits sexual harassment as well as harassment against students, employees, applicants for employment, individuals providing services in the workplace pursuant to a contract, unpaid interns or volunteers based on any legally-recognized basis, including: race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status (including registered domestic partnership status), sex and gender (including pregnancy, childbirth, lactation and related medical conditions), gender identity and gender expression (including non-binary or transgender individuals who are transitioning, have transitioned, or are perceived to be transitioning to the gender with which they identify), age (40 and over), sexual orientation, Civil Air Patrol status, military and veteran status and any other consideration protected by federal, state or local law (collectively referred to as "protected characteristics"). It also prohibits harassment based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics. All such conduct violates school policy. PHS anti-harassment policy applies to all persons involved in the operation of the school and prohibits harassment of students, faculty and staff, as well as vendors, customers, independent contractors, temporary or seasonal workers, agents, clients and any other third party interacting with PHS.

For purposes of this policy, discrimination on the basis of "national origin" also includes discrimination against an individual because that person holds or presents the California driver's license issued to those who cannot document their lawful presence in the United States. An employee's or applicant’s for employments immigration status will not be considered for any employment purpose except as necessary to comply with federal, state or local law.

PHS also does not retaliate or otherwise discriminate against applicants or employees who request a reasonable accommodation for reasons related to disability.

Sexual Harassment Defined

Sexual harassment includes unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when, in the case of a faculty or staff member:

  1. Submission to such conduct is made a term or condition of employment;
  2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
  3. Such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile or offensive working environment.

Prohibited harassment conduct includes, but is not limited to the following behavior:

  1. Verbal conduct such as epithets, derogatory jokes or comments, slurs or unwanted sexual advances, invitations or comments;
  2. Visual displays such as derogatory and/or sexually-oriented posters, photography, cartoons, drawings or gestures, text messages, emails, or websites;
  3. Physical conduct such as assault, unwanted touching, intentionally blocking of normal movement or interfering with work directed at a faculty or staff member, employee or student because of the race or sex or any other protected basis of the faculty or staff member or student;
  4. Retaliation for having reported or having threatened to report harassment;
  5. Unwanted sexual advances;
  6. Making or threatening reprisals after a negative response to a sexual advance;
  7. Threats and demands to submit to sexual requests as a condition of continued employment, or to avoid some other loss and offers of benefits in return for sexual favors; and
  8. Communication via electronic media of any type that includes any conduct that is prohibited by state and/or federal law, or by School policy.

An employee may be liable for harassment based on sex even if the alleged harassing conduct was not motivated by sexual desire. An employee who engages in unlawful harassment may be personally liable for harassment even if the School had no knowledge of such conduct.

Other Types of Harassment

Harassment on the basis of any legally protected characteristic, as identified above, is prohibited.

Prohibited harassment may include behavior similar to the illustrations above pertaining to sexual harassment. This includes conduct such as:

  1. Verbal conduct including threats, epithets, derogatory comments or slurs based on an individual’s protected characteristic;
  2. Visual conduct, including derogatory posters, photographs, cartoons, drawings or gestures based on protected characteristic; and
  3. Physical conduct, including assault, unwanted touching or blocking normal movement because of an individual’s protected characteristic.

Protection Against Retaliation

Retaliation is prohibited against any person by another employee, or by the School for using the School’s complaint procedure, reporting proscribed discrimination or harassment or filing, testifying, assisting or participating in any manner in any investigation, proceeding or hearing conducted by a governmental enforcement agency. Prohibited retaliation includes, but is not limited to, termination, demotion, suspension, failure to hire or consider for hire, failure to give equal consideration in making employment decisions, failure to make employment recommendations impartially, adversely affecting working conditions or otherwise denying any employment benefit.

Abusive Conduct Prevention

It is expected that the school and persons in the workplace perform their jobs productively as assigned, and in a manner that meets all of management's expectations, during working times, and that they refrain from any malicious, patently offensive or abusive conduct including but not limited to conduct that a reasonable person would find offensive. Examples of abusive conduct include repeated infliction of verbal abuse, such as the use of malicious, derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the intentional sabotage or undermining of a person's work performance.

Discrimination, Harassment, Retaliation and Abusive Conduct Complaint Procedure

The following procedure applies to faculty and staff of PHS. Students reporting harassment, discrimination, or retaliation, should follow the procedure provided in the Student Handbook.

Any employee who believes that he or she has been harassed, discriminated against, or subjected to retaliation or abusive conduct by a co-worker, supervisor, agent, client, vendor, customer, or any other third party interacting with the School in violation of the foregoing policies, or who is aware of such behavior against others, should immediately provide a written or verbal report to his or her supervisor, the Principal of PHS, the President, or Human Resources of PHS. Employees are not required to make a complaint directly to their immediate supervisor. Supervisors and managers who receive complaints of misconduct must immediately report such complaints to Human Resources who will attempt to resolve issues internally. When a report is received, the School will conduct a fair, timely, thorough and objective investigation that provides all parties appropriate due process and reaches reasonable conclusions based on the evidence collected. The School expects all employees to fully cooperate with any investigation conducted by the School into a complaint of harassment, discrimination or retaliation, or regarding the alleged violation of any other School policies. The School will maintain confidentiality surrounding the investigation to the extent possible and to the extent permitted under applicable federal and state law.

Upon completion of the investigation, the School will communicate its conclusion as soon as practical. If the School determines that this policy has been violated, remedial action will be taken, commensurate with the severity of the offense, up to and including termination of employment. Appropriate action will also be taken to deter any such conduct in the future.

Presentation High School will not retaliate against any employee for filing a complaint and will not knowingly permit retaliation by superiors or co-workers.

If you believe that any kind of unlawful harassment, discrimination, or retaliation is occurring, or you observe any such prohibited activity, you must immediately report the facts to HR or Administration. Affected individuals may also report complaints to the federal Equal Employment Opportunity Commission (EEOC) (1-800-669-4000) or the California Department of Fair Employment and Housing (DFEH) (800-884-1684). The EEOC and the DFEH have the authority to conduct factual investigations and to prosecute complaints of prohibited harassment, discrimination, or retaliation. Information about the agencies can be found at the numbers provided or at: www.eeoc.gov and dfeh.ca.gov.


Anti-Violence Policy

PHS has adopted the following anti-violence policy to ensure a safe environment for all employees, students, families, and third-parties entering School property.

PHS has zero tolerance for acts of violence and threats of violence. Without exception, acts and threats of violence are not permitted. All such acts and threats, even those made in apparent jest, will be taken seriously, and will lead to discipline up to and including termination of employment. PHS also has a zero tolerance policy for weapon possession on campus. Under no circumstances may an employee, student, or other person entering school property or attending a school event possess any weapon.

It is every employee’s responsibility to assist in establishing and maintaining a violence-free work environment. Therefore, each employee is expected and encouraged to report any incident which may be threatening to you, your co-workers, any student, or any event which you reasonably believe is threatening or violent. You must report an incident to the Principal or his/her delegate.

A threat includes, but is not limited to, any indication of intent to harm a person or damage school property. Threats may be direct or indirect, and they may be communicated verbally or nonverbally. The following are examples of threats and acts that shall be considered violent – this list is in no way all-inclusive:

Example

Type of Threat

Saying, “Do you want to see your next birthday?”

Indirect

Writing, “Employees who kill their managers have the right idea.”

Indirect

Saying, “I’m going to punch your lights out.”

Direct

Making a hitting motion or obscene gesture

Nonverbal

Displaying weapons

Extreme

Stalking or otherwise forcing undue attention on someone, whether romantic or hostile

Extreme

Taking actions likely to cause bodily harm or property damage

Acts of violence


Important Note: No provision of this policy statement or any other provision in this policy shall alter the at-will nature of employment with the PHS. PHS will make the sole determination of whether and to what extent, threats or acts of violence will be acted upon by PHS. In making this determination PHS may undertake a case-by-case analysis in order to ascertain whether there is a reasonable basis to believe that workplace violence has occurred.

Security

PHS has developed guidelines to help maintain a secure environment for faculty, staff, students, and families. All guests to campus must sign into the Main Office and display a guest pass on their person. Be aware of persons loitering for no apparent reason in parking areas, walkways, entrances and exits, and service areas. Employees must report any suspicious persons or activities to the Main Office and/or Facilities personnel. Secure your desk or office at the end of the day. When called away from your work area for an extended length of time, do not leave valuables and/or personal articles in or around your workstation that may be accessible. The security of facilities as well as the welfare of our employees and students depends upon the alertness and sensitivity of every individual to potential security risks. You should immediately notify your supervisor when unknown persons are acting in a suspicious manner in or around the facilities, or when keys, equipment or guest pass badges are missing.

If you, yourself, are a target of interpersonal violence, you should inform the Administration so that a safety plan for the workplace can be established. This is crucial for your protection as well as those of your coworkers. Examples include: physical description, photo, and identifying information of the assailant/perpetrator; copies of restraining orders; access to weapons; plan for contacting law enforcement as applicable; informing front office staff to not admit the individual; safe arrival and departure from campus. Please see attached Domestic Violence in the Workplace Policy.

Health and Safety

All employees are responsible for their own safety, as well as that of others in the School. To help us maintain a safe workplace, everyone must be safety-conscious at all times. Employees must report all work-related injuries or illnesses immediately to your supervisor or to the Human Resources Department. In compliance with California law, and to promote the concept of a safe workplace, PHS maintains an Injury and Illness Prevention Program. The Injury and Illness Prevention Program is available for review by employees and/or employee representatives in the Office of the Principal.

In compliance with Proposition 65, PHS will inform employees of any known exposure to a chemical known to cause cancer or reproductive toxicity.

Grievances and Termination Policy

Standards of Conduct, Discipline and Involuntary Termination

Presentation High School believes it is in the best interests of our students, faculty and employees to maintain high standards of conduct on our premises and while representing Presentation High School.

No written list or guideline can completely or adequately cover what, for the most part, is common sense and common courtesy. However, the partial guideline which follows may be helpful in avoiding difficulty.

Any of the following activities will result in separation from Presentation High School without the benefit of Performance Counseling: theft or embezzlement, use or possession of illegal substances, willful violation of safety or security guidelines, or conviction of a felony.

Also, according to the nature or frequency of the offense, separation, suspension without pay or Performance Counseling may result from: intoxication in the workplace; gambling on the premises; intimidating or threatening behavior; falsification of any academic or work records (including time reports); dishonesty; poor performance; destruction or unauthorized use of equipment, facilities or materials; or frequent tardiness or absenteeism. Employees will not be terminated or subject to disciplinary action for legally protected absences.

Violation of Presentation High School policies and rules may warrant disciplinary action. The School will determine which type of discipline to issue in response to performance or conduct issues in its sole discretion. The system is not formal, and PHS may, in its sole discretion, utilize whatever form of discipline is deemed appropriate under the circumstances, up to, and including, immediate termination of employment. PHS policy of progressive discipline in no way limits or alters the at-will employment relationship.

Voluntary Resignation

Voluntary resignation results when an employee voluntarily quits his or her employment at Presentation High School, or fails to report to work for three consecutively scheduled workdays without notice to, or approval by, his or her supervisor. All school-owned property, including but not limited to, vehicles, keys, uniforms, identification badges, and credit cards, must be returned immediately upon termination of employment.

Termination of Contract

Employment with Presentation High School is at will employment and may be terminated at any time for any non-discriminatory reason. Examples of conduct which may lead to termination of employment include, but are not limited to, the following: behavior that is inconsistent with the Faith, mission and teachings of the Catholic Church which impairs effectiveness as a teacher; conviction of a felony or any crime involving moral turpitude; serious violation of professional ethics; incompetency or lack of preparation for class; failure to respond to correction and admonition as given by the school; unreasonable absence from duties; breach of the terms of the contract.