City of Culver City, California
Parks, Recreation and Community Services CommissionAgenda Item Report
Meeting Date: _12/03/13__ Item Number: _A-2
PRCS COMMISSION AGENDA ITEM: Consideration of Recommendation to the City
Council Regarding a Parks, Recreation and Community Services (PRCS)
Department Anti-Bullying Policy and Procedure.
Contact Person/Dept.: Dan Hernandez,
PRCS Director
Phone Number: (310) 253-6655
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: (Email) Meetings and Agendas – Parks, Recreation and Community
Services Commission (11/27/13).
Department Approval:Dan
Hernandez(11/26/13)
City Attorney Approval: N/A
Chief Financial Officer Approval: N/A City Manager Approval: N/A
RECOMMENDATION:
Staff recommends that the Parks, Recreation and Community Services (PRCS)
Commissionconsider making a recommendation to the City Council regarding a
PRCS Department Anti-Bullying Policy and Procedure (Attachment).
BACKGROUND:
At the July 22, 2013 City Council meeting, Chair Cooper requested and received
consensus from the other members of the City Council to direct the Parks,
Recreation and Community Services Commission to explore the enhancement of
our anti-bullying policy and procedure for all our park programs and facilities.
Specifically, the City Council wanted the PRCS Commission to look at ways to
educate those involved in the park and recreation programs regarding the issues of
bullying and develop procedures by which those who do not abide by the policy
would beremoved from participation in our City programs. The ultimate goal is to
create a bullying-free environment that promotes mutual respect, tolerance and
acceptance.
Based on the City Council’s direction, on August 6, 2013 the Commission
established the Anti-Bullying Policy DevelopmentAd Hoc Subcommittee and
appointed Chair Greene and Commissioner Stuart as members. Subsequently, the
Draft Anti-Bullying Policy and Procedure was presented at the October 1, 2013
Commission meeting during the Ad Hoc Subcommittee Updates portion of the
Agenda. Since one member of the Ad Hoc Subcommittee was unable to attend the
October meeting, the Draft Anti-Bullying Policy and Procedure was included at the
November 19, 2013 meeting as well. However, that discussion was postponed in
order to fully focus on the Community Conversation that evening.
City of Culver City, California
Parks, Recreation and Community Services CommissionAgenda Item Report
On November 19, 2013 the Commission hosted a Community Conversation titled,
“Words Matter” Part II” – A Discussion about Bullying and Anti-Bullying Tactics and
Policies. It was a panel discussion featuring guest speakers Earl Ofari Hutchinson,
Noted Writer, Talk Show Host, MSNBC Analyst; Patrice M. Grant, Ph.D., Program
Head Edelman-Westside Mental Health Center; and, Robert Sowell, Project
Supervisor, Los Angeles County Commission on Human Relations Commission.
Elena Halpert-Schilt, Assistant Executive Director, Los Angeles Commission on
Human Relations, Community and Senior Services was also in attendance. The
discussion, which featured audience participation, included topics such as defining
“bullies” and “bullying,” recent news stories about bullying and their relevance to the
current culture of competition, the role of power differentials in aggressive behavior,
“Restorative Justice” as an approach to reducing bullying and how members of an
involved community can model positive behavior to help eradicate bullying.
DISCUSSION:
The Draft Anti-Bullying Policy and Procedure submitted by the members of the Anti-
Bullying Policy Development Ad Hoc Subcommittee is provided as an Attachment.
Reference materials used in the creation of the document include Culver City Unified
School District Board of Education Policy 5131.2(a) Bullying and the current Code of
Conduct for participants in the PRCS Department’s Camp Programs overseen by
the Recreation Division.
FISCAL ANALYSIS:
There are currently insufficient PRCS Department staffing and budgetary resources
to implement new policies and procedures of any type. If an Anti-bullying Policy and
Procedure is adopted, the PRCS Department will request that the City Council
consider providing any necessary funding during the Fiscal Year 2014/2015 Budget
process.
ATTACHMENT:
Draft Anti-Bullying Policy and Procedure as Submitted by the Members of the Anti-
Bullying Policy Development Ad Hoc Subcommittee
MOTIONS:
That the Parks, Recreation and Community Services Commission:
Make a recommendation to the City Council regarding a PRCS Department Anti-
Bullying Policy and Procedure.
MEETING DATE: December 3, 2013
AGENDA ITEM: Consideration of Recommendation to the City Council
Regarding a Parks, Recreation and Community Services
(PRCS) Department Anti-Bullying Policy and Procedure.
ATTACHMENT
Pages
Draft Anti-Bullying Policy and Procedure as Submitted
by the Members of the Anti-Bullying Policy
Development Ad Hoc Subcommittee
1 - 9
DRAFT ANTI-BULLYING POLICY & PROCEDURE
1
PURPOSE
1. The City of Culver City (City) is committed to each participant in parks programs to
engage in a caring and safe "Bullying Free" environment that is free of discrimination,
violence and bullying. The City works to ensure that all participants in parks programs
have the opportunity and support to develop to their fullest potential and share a
personal meaningful bond with people in the community.
1.1. The City and the Community have an obligation to promote respect, tolerance
and acceptance as well as strive to protect all parks program participants, from
toddlers to seniors, from physical and emotional harm.
1.2. The Department of Parks, Recreation and Community Services (Department)
recognizes the harmful effects of bullying on learning and attendance and
desires to promote and maintain a "Bullying Free" environment in all programs,
staffed by both the PRCS Department or Program Contractors.
1.3. Parks Programs include all Senior Center activities, Park staffed programs and
camps and contractor programs. In summary, all programs or activities
conducted at or on City Park properties.
2. POLICY
2.1. No person or group of persons shall, through physical, written, verbal, or other
means, harass, sexually harass, threaten, intimidate cyberbully, cause bodily
injury to, or commit hate violence against any other participant or City personnel
while on park property or in a park program or facility.
2.2. The City of Culver City will not tolerate behavior that infringes on the safety of
any participant. A participant shall not intimidate, harass or bully another
participant through words or actions. Such behavior includes: direct physical
contact, such as hitting or shoving; verbal assaults, such as teasing or name-
calling; psychological intimidation and social isolation or manipulation.
2.3. All Department program participants and guardian will be required to
acknowledge the Policy before registering for a Department program. Any
participant who engages in bullying may be subject to suspension, or expulsion
from the Department program;
2.4. The City of Culver City expects each participant and/or staff to immediately
report incidents of bullying to Department staff or designee. Staff who witness
such acts must take immediate steps to intervene when safe to do so. Each
complaint of bullying will be promptly investigated and may result in progressive
disciplinary action up to expulsion from Department programs.
2.5. To ensure bullying does not occur at City facilities or within programs, the City of
Culver City will provide staff development training in bullying prevention and
ATTACHMENTDRAFT ANTI-BULLYING POLICY & PROCEDURE
2
intervention to all staff and staff of contractors who work with directly with
program participants, to build and maintain a safe and healthy environment.
3.0 RESPONSIBILITY
3.1 This policy applies to all Department facilities and programs where
Department-sponsored activities, custodial, drop-in, and special event
programs, are occurring.
3.2 The responsibility for implementing this policy and procedure includes all
Department staff including onsite, supervisory, administrative staff members,
contract workers and instructors.
3.3 The Parks and Recreation Commission is responsible for hearing and
recommending appropriate action for any appeals resulting from the
implementation of this policy.
4.0 DEFINITIONS
4.1 The following defines bullying and the criteria for establishing the a form of
bullying has occurred:
4.1.1 Participant: any person, including staff, youth, adult, and senior
participants, engaging in a staff-led City park program.
4.1.2 Bullying: any severe or pervasive physical or verbal act or conduct,
including communications made in writing or by means of an
electronic act, and including one or more acts committed by a
program participant or group of program participants, directed
toward one or more participants that has or can be reasonably
predicted to have the effect of one or more of the following:
4.1.2.1.1 Placing a reasonable participant or participants in
fear of harm to that participant's or those
participants' person or property.
4.1.2.1.2 Causing a reasonable participant to experience a
substantially detrimental effect on his or her
physical or mental health.
4.1.2.1.3 Causing a reasonable participant to experience
substantial interference with his or her program
experience or program objectives.
4.1.2.1.4 Causing a reasonable participant to experience
substantial interference with his or her ability to
participate in or benefit from the services,
activities, or privileges provided by a Department
program.
5.0 Types of Bullying: "A person is bullied when he or she is exposed, repeatedly and
over time, to negative actions on the part of one or more other persons". Bullying
may include one or more of the following components, and may manifest in varying
levels of seriousness:
5.1 Bullying is aggressive behavior that involves unwanted, negative actions.
5.2 Bullying involves a pattern of behavior repeated over time. DRAFT ANTI-BULLYING POLICY & PROCEDURE
3
5.3 Bullying involves an imbalance of power or strength. Such behavior includes:
direct physical contact, such as hitting or shoving; verbal assaults, such as
teasing or name-calling; and social isolation or manipulation.
5.4 Cyber bullying includes the transmission of harassing communications, direct
threats, or other harmful texts, sounds, or images on the Internet, social
media, or other technologies using a telephone, computer, or any wireless
communication device.
5.5 Cyber bullying also includes breaking into another person's electronic account
and assuming that person's identity in order to damage that person's
reputation.
6.0 PROCEDURES FOR PREVENTING BULLYING
In addition to the policies described above, the Department will implement the following
strategies to prevent bullying from occurring at City facilities and programs:
6.1 To the extent possible, City and Department strategies shall focus on
prevention of bullying by establishing clear rules for participant conduct and
strategies to establish a positive, collaborative program climate. Participants
shall be informed, through -printed materials, signage, and other appropriate
means, of Department and program rules related to bullying, mechanisms
available for reporting incidents or threats, and the consequences for
perpetrators of bullying.
6.2 Program staff who work directly with participants shall receive training to
identify early warning signs of harassing/intimidating behaviors and effective
prevention and intervention strategies.
6.3 These policies and procedures must be disseminated annually to staff,
contractors, all participants and parents/guardians.
6.4 These policies shall be publicized to participants, contractors, parents,
employees, agents of the City of Culver City, and the general public the
following methods:
6.4.1 Posting of policy on City website
6.4.2 Posting of policy at all Parks and Senior Center.
6.4.3 Posting of policy at Parks Recreation Department and Pool.
6.4.4 Written Policy given yearly to each participant with each participant
signing an acknowledgement of receipt stating they have read and
understand the policy.
6.4.5 Written Policy given yearly to each program contractor who will be
required to sign an acknowledgement of receipt stating they have
read and understand the policy and will enforce same.
7.0 PROCEDURES FOR INTERVENTION
Participants are encouraged to notify Department staff when they are being bullied or
suspect that another participant is being victimized and to report all incidents of
discrimination, intimidation, harassment, bullying, teasing or other verbal or physical
abuse. In addition, the Director or designee shall develop means for participants to
report threats or incidents confidentially and anonymously. DRAFT ANTI-BULLYING POLICY & PROCEDURE
4
7.1 Program staff that witness bullying shall immediately intervene to stop the
incident when it is safe to do so.
7.2 As appropriate, the Director or designee shall notify the guardians of persons
being bullied and persons engaged in bullying behavior.
7.3 Participants may submit to Department -staff or administrator a verbal or
written complaint of conduct they consider to be bullying. Complaints of
bullying shall be investigated and resolved in accordance with the
Department's ___________________Report form.
7.4 When the circumstances involve cyber bullying while enrolled in a parks
program, individuals with information about the activity shall be encouraged to
save and print any electronic or digital messages sent to them that they feel
constitute cyber bullying and to notify Department staff, Director or designee
so that the matter may be investigated and referred to law enforcement.·
8.0 DISCIPLINARY PROCESS
8.1 Any participant who engages in bullying on program premises in a manner
that causes or is likely to cause a substantial disruption of a program activity
or program attendance, shall be subject to discipline, which may include
education in the City Anti-Bullying Policy, suspension, or expulsion, in
accordance with Department policies and regulations.
9.0 NO TOLERANCE POLICY
9.1 There is no tolerance for any fighting, biting, spitting, choking, scratching or
destruction of Park department, Senior Center, Teen Center, or camp
equipment or property.
9.2 Any individual who engaged in these actions will have an immediate (2) day
suspension of privileges to attend any Parks programs including programs
run by contractors.
9.3 If property is damaged as a result of abuse by any program participant, that
participant will incur the cost of repairs or replacement of the damaged
property. In the case of a minor, the parent of the participating child will incur
the cost for the repairs or replacement of the damaged property.
9.4 In addition, for Day camp programs should campers engage in any of these
actions the actions by Staff will be:
??First Offense – Verbal warning by staff
??Second Offense – 5 minute time out away from the group
??Third Offense – Parent notified for conference with the Day Camp Director
??Fourth Offense – The child will be suspended or removed from the
program for 1-3 days at the Day Camp Director’s discretion and the consent of the
Recreation Supervisor. The decision will be based upon the Day Camp Director’s
appraisal of the child’s behavior as well as the parent’s involvement in aiding the
child to overcome the behavioral problems.
??Fifth Offense – The child will not be allowed to attend the program. No refund
will be given.
DRAFT ANTI-BULLYING POLICY & PROCEDURE
5
9.4 A child who has had disciplinary action taken in a previous camp will be
restricted from enrolling in (2) consecutive camps. A conference with the Recreation
Supervisor and Camp Director is required if parents would like to re-enroll their child in
the program. This conference will be to determine if there have been any improvements
in behavior and to stress any miss-behavior will result in immediate removal from the
program. If your child is granted approval to return, you will be notified by mail. Once the
child returns they will be placed on a probation status for (1) year. During the
probationary period, if the child has one offense, they will not be allowed to continue
with the program. No refund will be given.
10.0 APPEALS PROCEDURE
10.1 An appeal of actions taken by the Department as a result of this policy
must be approved by a majority vote of the Parks, Recreation Community
Services Commission (Commission). Eligible Applications will be considered
as part of the regular Commission Agenda on a monthly basis.
10.2 Applications must be submitted prior to the date of reinstatement to be
scheduled meeting of the Commission, Applicants must submit requests to
the Department Secretary at least (10) days prior to the next regularly
scheduled Commission Meeting to be added to the Agenda and publicly
noticed.
10.3 Anti Bullying Appeal Procedure
10.3.1 Applicant completes Application and submits to the Department
Secretary.
10.3.2 Applicant may be asked by Director or Designee to submit
background information about the participant and history in
Department programs.
10.3.3 If the Director or Designee approves the Application, the applicant
and guardian may be required to review the Anti-Bullying Policy,
prior to reinstatement in a PRCS or contractor program.
10.3.4 If the Director or Designee denies Application, the Application will
be forwarded to the Commission for consideration.
10.3.5 Commission votes to approve or deny Application.
11.0 REVIEW AND REVISION
11.1 It is the responsibility of the Department to review and update this policy
and procedure on an annual basis or as needed.
12.0 REFERENCES
The above policy refers to the following resources:
• Culver City Unified School District Program Department Bullying Policy Adopted:
________________
• City of Culver City Department of Parks, Recreation and Community Services
Code of Conduct
DRAFT ANTI-BULLYING POLICY & PROCEDURE
6
COURT DECISIONS
• J.C. v. Beverly Hills Unified Program Department, (201 0) 711
F.Supp.2d 1094
• Lavine v. Blaine Program Department, (2002) 279 F.3d 719
WEB SITES:
• CSBA: http://www.csba.org/
• California Cyber safety for Children: http://www.cybersafety.ca.gov/
• California Department of Education, Safe Programs Office:
http://www.cde.ca.gov/ls/ss
11 Center for Safe and Responsible Internet Use: http://cyberbully.org/
11 National Program Boards Association: http://www.nsba.org/
II National Program Safety Center: http://www.programsafety.us/
11 U.S. Department of Education, Office for Civil Rights:
http://www.ed.gov/about/offices/list/ocr 3/1
******************
CULVER CITY SCHOOL DISTRICT POLICY (included for reference)
Students BP 5131.2(a)
BULLYING
The Governing Board recognizes the harmful effects of bullying on student learning and
school attendance and desires to provide safe school environments that protect
students from physical and emotional harm. District employees shall establish student
safety as a high priority and shall not tolerate bullying of any student.
No student or group of students shall, through physical, written, verbal, or other means,
harass, sexually harass, threaten, intimidate, cyberbully, cause bodily injury to, or
commit hate violence against any other student or school personnel.
(cf. 5131 – Conduct)
(cf. 5136 – Gangs)
(cf. 5145.3 – Nondiscrimination/Harassment)
(cf. 5145.7 – Sexual Harassment)
(cf. 5145.9 – Hate-Motivated Behavior)
Bullying/Harassment
The Board of Education affirms the right of every student to attend a school that is safe
and secure. Therefore, the district, schools, students, parents/guardians and community
have an obligation to promote mutual respect and safe, harmonious relations that
support dignity and equality.
To that end, the district has in place policies, procedures, and practices that are
designed to reduce and eliminate discrimination, intimidation, harassment, and bullying DRAFT ANTI-BULLYING POLICY & PROCEDURE
7
as well as processes and procedures to address incidents of discrimination,
intimidation, harassment, and bullying when they occur.
These policies and procedures must be disseminated annually to staff, students, and
parents/guardians. These policies shall be publicized to students, parents, employees,
agents of the governing board, and the general public.
The district will not tolerate discrimination, intimidation, harassment, bullying or any
behavior that infringes on the safety or well-being of students, staff, or any other
persons within the district’s jurisdiction whether directed at an individual or group. This
includes, but is not limited to, discrimination, intimidation, harassment, and bullying
based on actual or perceived characteristics and disability, gender, gender identity,
gender expression, nationality, race or ethnicity, religion, sexual orientation, or
association with a person or group with one or more of these actual or perceived
characteristics. (Education Code 48900.2, 48900.3, and 48900.4)
The Board recognizes that some acts of discrimination, intimidation, harassment, and
bullying may be isolated and/or unintentional incidents requiring that the school respond
appropriately to the individuals committing the acts. Other acts may indicate a larger
pattern of discrimination, intimidation, harassment, or bullying that require a response
either at the classroom, school site, or district levels or by law enforcement officials.
Consequences and appropriate remedial actions for a student who commits an act of
discrimination, intimidation, harassment, or bullying may range from behavioral
intervention and education up to and including suspension or expulsion. This policy
applies to all acts related to school activity or attendance occurring within a school
under the jurisdiction of the Superintendent of the district.
In addition to the grounds specified in Education Code sections 48900, sections
48900.2, 48900.3, and 48900.4 provide additional authority to discipline a pupil for
conduct that amounts to bullying. (Education Code 48900, 48900.2, 48900.3 and
48900.4)
Reporting Violations of this Policy
The principal or principal’s designee at each school shall be responsible for receiving
complaints alleging violations of this policy. All staff is expected to provide appropriate
supervision to enforce standards of conduct and, if they observe or become aware of
discrimination, intimidation, harassment, or bullying, to immediately intervene when safe
to do so, call for assistance, and report such incidents. The Board requires that staff
follow district and school procedures for reporting alleged acts of bullying.
All other members of the school community, including students, parents/guardians,
volunteers, and visitors, are encouraged to report any act that may be a violation of this
policy. While submission of the report form is not required, the reporting party is
encouraged to use the report form available from the principal of each school or at the
District Office. Oral reports shall also be considered official reports. Reports may be
made anonymously, but formal disciplinary action may not be based solely on an DRAFT ANTI-BULLYING POLICY & PROCEDURE
8
anonymous report. Prompt and reasonable investigation of alleged acts of
discrimination, intimidation, harassment, or bullying is expected.
Students are expected to report all incidents of discrimination, intimidation, harassment,
bullying, teasing, or other verbal or physical abuse. Any student who feels she/he is a
target of such behavior should immediately contact a teacher, counselor, principal, or
staff person. If the student who was bullied believes the situation has not been
remedied, she/he may file a complaint in accordance with district procedures.
Students and parents are to be informed annually of the process by which they may
make reports of bullying or harassment.
Complaints and Investigation
When a student is reported to be engaging in bullying off campus, the Superintendent or
designee shall investigate and document the activity and shall identify specific facts or
circumstances that explain the impact or potential impact on school activity, school
attendance, or the targeted student’s educational performance.
When the circumstances involve cyberbullying, individuals with information about the
activity shall be encouraged to save and print any electronic or digital messages sent to
them that they feel constitute cyberbullying and to notify a teacher, the principal, or
other employee so that the matter may be investigated.
If the student is using a social networking site or service that has terms of use that
prohibit posting of harmful material, the Superintendent or designee also may file a
complaint with the Internet site or service to have the material removed.
(cf. 3515.4 – Recovery for Property Loss or Damage)
(cf. 5137 – Positive School Climate)
(cf. 5131.5 – Vandalism, Theft, and Graffiti)
(cf. 5144.1 – Suspension and Expulsion/Due Process)
(cf. 5144.2 – Suspension and Expulsion/Due Process – Students with Disabilities)
(cf. 5145.3 – Nondiscrimination/Harassment)
(cf. 5145.7 – Sexual Harassment)
(cf. 5145.9 – Hate-Motivated Behavior)
Legal Reference
EDUCATION CODE
200-262.4 – Prohibition of discrimination on the basis of sex
48900.2 - Additional grounds for suspension or expulsion; sexual harassment
48900.3 - Additional grounds for suspension or expulsion; Hate Violence
48900.4 - Additional grounds for suspension or expulsion; harassment, threats or
intimidation
48904 - Liability of parent/guardian for willful student misconduct
48980 - Notice at beginning of term
\\\
DRAFT ANTI-BULLYING POLICY & PROCEDURE
9
PRCS CODE OF CONDUCT FOR RECREATION CAMPS (included for reference)
Code of Conduct for Recreation Camp Programs
Discipline: Our staff is trained to work in the childcare field. As such, it is understood
that discipline is defined as the modeling of positive behavior by the adult staff. Proper
discipline aids in the development of self-control, self-esteem and respect for self and
others. Through proper discipline, children are able to distinguish for themselves the
difference between right and wrong, acceptable and unacceptable behaviors. In order to
preserve a healthy and safe environment, disciplinary action will be handled as follows:
No Tolerance Policy: Fighting, biting, spitting, choking, scratching or destruction of
camp equipment or property; these actions warrant an immediate (2) day suspension.
? First Offense – Verbal warning by staff
? Second Offense – 5 minute time out away from the group
? Third Offense – Parent notified for conference with the Day Camp Director
? Fourth Offense – The child will be suspended or removed from the program for
1-3 days at the Day Camp Director’s discretion and the consent of the Recreation
Supervisor. The decision will be based upon the Day Camp Director’s appraisal
of the child’s behavior as well as the parent’s involvement in aiding the child to
overcome the behavioral problems.
? Fifth Offense – The child will not be allowed to attend the program. No refund
will be given.
Please Note: A child who has had disciplinary action taken in a previous camp will be
restricted from enrolling in (2) consecutive camps. A conference with the Recreation
Supervisor and Camp Director is required if parents would like to re-enroll their child in
the program. This conference will be to determine if there have been any improvements
in behavior and to stress any miss-behavior will result in immediate removal from the
program. If your child is granted approval to return, you will be notified by mail. Once the
child returns they will be placed on a probation status for (1) year. During the
probationary period, if the child has one offense, they will not be allowed to continue
with the program. No refund will be given.
Note: If property is damaged as a result of abuse by a camper, the parent of the
camper may incur the cost for the repairs or replacement of the damaged property.