NMUSD (8) February 14, 2012 Board Meeting.m4v

A year has passed from the incident with the school’s mistreatment of  Kimberly Mimms daughter and nothing has been done by the school board. She tells about how the teacher would manipulate the feelings of the students to feel sorry for her and against Kimberly Mimm’s daughter for reporting about her breaking school policies. She still wants an investigation into the matter but the board always seem to deny her request.She even left her claim and evidence there because her claim was taken apart before. However, they did not take them and gave them a look.

NMUSD (7) January 24, 2012 Board Meeting

Kimberly Mimms starts her speech to the board about her concern for Hubbard and his unlawful practices that he was criminalized for on January 12, 2012. She then restates that the board take a look at her daughter’s case and expresses that she wants to work with them instead of against them. She calls that an investigation be taken and see the evidence that Kimberly Mimms has provided. After the meeting, Kimberly found that her claims were taken apart by an unknown in the district.

NMUSD (7) January 24, 2012 Board Meeting

Kimberly Mimms starts her speech to the board about her concern for Hubbard and his unlawful practices that he was criminalized for on January 12, 2012. She then restates that the board take a look at her daughter’s case and expresses that she wants to work with them instead of against them. She calls that an investigation be taken and see the evidence that Kimberly Mimms has provided. After the meeting, Kimberly found that her claims were taken apart by an unknown in the district.

NMUSD (6) December 13, 2011 Board- Kimberly Speaking about Top School Of...

This recording on December 13, 2011 of the NMUSD meeting was originally edited out to silence the public comment section. They eventually re released the copy two months later before and after the trial of past-Superintendent Jeffrey Hubbard who was criminally charge by the Beverly Hills Unified School District trial. Kimberly Mimms returns to talk about the bullying, intimidation,fear, mistreatment of her child by a teacher and principal with the newport mesa school district. She then speaks about how some teachers were also mistreated by others working in the school and district. It seems nothing has been done about any of the concerns that Kimberly Mimms have brought up and expresses her lack of trust for the district and pattern of behavior of school violations, laws broken to her family and others. Kimberly expressed this happened years ago when her child was in second grade and reported not allowed to go to the water fountain and bathroom due to food poisoning. Complaints were filed through emails to Jeffrey Hubbard, Susan Astarita, and communicating with Bonnie Swan by phone. It would be important for Kimberly Mimms and others to request under the California Public Records Act (CPRA) to find out why they did not protect a seven year old during that time period from the retaliation from the school period. Kimberly served a verbal notice to Jeffery Hubbard and Walt Davenport for not keeping her child safe years ago and now.

NMUSD (6) December 13, 2011 Board- Kimberly Speaking about Top School Of...

This recording on December 13, 2011 of the NMUSD meeting was originally edited out to silence the public comment section. They eventually re released the copy two months later before and after the trial of past-Superintendent Jeffrey Hubbard who was criminally charge by the Beverly Hills Unified School District trial. Kimberly Mimms returns to talk about the bullying, intimidation,fear, mistreatment of her child by a teacher and principal with the newport mesa school district. She then speaks about how some teachers were also mistreated by others working in the school and district. It seems nothing has been done about any of the concerns that Kimberly Mimms have brought up and expresses her lack of trust for the district and pattern of behavior of school violations, laws broken to her family and others. Kimberly expressed this happened years ago when her child was in second grade and reported not allowed to go to the water fountain and bathroom due to food poisoning. Complaints were filed through emails to Jeffrey Hubbard, Susan Astarita, and communicating with Bonnie Swan by phone. It would be important for Kimberly Mimms and others to request under the California Public Records Act (CPRA) to find out why they did not protect a seven year old during that time period from the retaliation from the school period. Kimberly served a verbal notice to Jeffery Hubbard and Walt Davenport for not keeping her child safe years ago and now.

NMUSD (6) December 13, 2011 Board- Kimberly Speaking about Top School Of...

This recording on December 13, 2011 of the NMUSD meeting was originally edited out to silence the public comment section. They eventually re released the copy two months later before and after the trial of past-Superintendent Jeffrey Hubbard who was criminally charge by the Beverly Hills Unified School District trial. Kimberly Mimms returns to talk about the bullying, intimidation,fear, mistreatment of her child by a teacher and principal with the newport mesa school district. She then speaks about how some teachers were also mistreated by others working in the school and district. It seems nothing has been done about any of the concerns that Kimberly Mimms have brought up and expresses her lack of trust for the district and pattern of behavior of school violations, laws broken to her family and others. Kimberly expressed this happened years ago when her child was in second grade and reported not allowed to go to the water fountain and bathroom due to food poisoning. Complaints were filed through emails to Jeffrey Hubbard, Susan Astarita, and communicating with Bonnie Swan by phone. It would be important for Kimberly Mimms and others to request under the California Public Records Act (CPRA) to find out why they did not protect a seven year old during that time period from the retaliation from the school period. Kimberly served a verbal notice to Jeffery Hubbard and Walt Davenport for not keeping her child safe years ago and now.

NMUSD (1) June 14, 2011 Board Meeting

Kimberly Mimms went in front of the Board to discuss a series of events that started in February. She reported confidentially to the Principal that a teacher was bringing her toddler to class and interrupting class activities. The Principal then told this to the teacher and both bullied,intimidated,and retaliated against the daughter of Kimberly Mimms. They affected her grades and ignored her complaints to the point where her daughter had to be taken out of the class,school, and eventually the school district for her own safety. Kimberly Mimms then wondered if other events such as this had happened before and wanted an investigation which never happened. In fact, school officials denied it ever happened after Kimberly preceded to file numerous complaints against the school officials in charge involved in the mistreatment unsafe, unequal, unfair educational environment to her daughter.

NMUSD (30) December 11, 2012: Changing Complaint Process and Monitoring ...

In the second part, Kimberly Mimms once again mentions BullyingWarrior and its mission to inform the public and the board of bullying cases from students and from top school officials.

She likes how the board has taken a look at Bully, a 2011 documentary about bullying in U.S. schools, and taken ideas to prevent bullying in the district. There is also an anonymous drop box for bullying and that maybe third parties or non-biased agencies look through these. She wants them to revise and change the complaint claim process and also go through non-biased agencies or third parties. She also mentions that she has a received a call from the department of education in wanting to take a look at her past claims.

NMUSD (29) December 11, 2012: Claim Was Treated Unfairly with Bias Inten...

In the first part, Kimberly Mimms thanks the people for giving her a voice and speaking about the problems that exist in the district. She mentions that a person working in the district was mistreated by past-board member Jeffrey Hubbard and hopefully that this kind of problem exists. Other things that need to be looked at is how information concerning her child was covered up from the beginning to protect each other.

NMUSD (29) December 11, 2012: Claim Was Treated Unfairly with Bias Inten...

In the first part, Kimberly Mimms thanks the people for giving her a voice and speaking about the problems that exist in the district. She mentions that a person working in the district was mistreated by past-board member Jeffrey Hubbard and hopefully that this kind of problem exists. Other things that need to be looked at is how information concerning her child was covered up from the beginning to protect each other.

NMUSD (29) December 11, 2012: Claim Was Treated Unfairly with Bias Inten...

In the first part, Kimberly Mimms thanks the people for giving her a voice and speaking about the problems that exist in the district. She mentions that a person working in the district was mistreated by past-board member Jeffrey Hubbard and hopefully that this kind of problem exists. Other things that need to be looked at is how information concerning her child was covered up from the beginning to protect each other.

NMUSD (29) December 11, 2012: Claim Was Treated Unfairly with Bias Inten...

In the first part, Kimberly Mimms thanks the people for giving her a voice and speaking about the problems that exist in the district. She mentions that a person working in the district was mistreated by past-board member Jeffrey Hubbard and hopefully that this kind of problem exists. Other things that need to be looked at is how information concerning her child was covered up from the beginning to protect each other.

NMUSD (24) November 13,2012: Complaints, Claims, and Drugs

Kimberly Mimms comes back and introduces bullyingwarrior that is setup to protect students, teachers, and families. She mentions the drug problem that exists at Corona Del Mar High School by hiding illegal substances in deodorant cans and wants them to look into the problem. Another problem is that a copy of a board meeting was edited taking out the public input area, but was later fixed. Lastly she questions why policies changed to protect certain teachers from breaking school policies.

NMUSD (22) October 23, 2012: Bullying and From Top School Officials

Kimberly Mimms comes back to speak to the board and tells of issues that are occurring within the district. Students at Corona Del Mar High School told Kimberly that a teacher was seen drinking on the job. Another problem is the drug issue with students hiding illegal substances within deodorant cans. Finally, she reports about a fourth grade student has been bullied at her school and have reported to the principal. Kimberly also requests that a video that had past-board member Jeffrey Hubbard be released to the public due to public input being edited before and after the trial of Jeffrey Hubbard and misleading and mishandling public funds and safety of Kimberly’s child and family. She ends that she wants to continue working with the district about the problems within the district.

NMUSD (21) October 9, 2012 Board Meeting- Kimberly Speaks About Bullying

Kimberly Mimms returns to give suggestions regarding the complaint claim process and maybe implement a new system for changes. She also talks about bullying and the scars they leave behind on people and how they are afraid to report things as there is retaliation and complaints and claims are taken apart and fraud is committed at the district to tamper with government tort claims which many peoples’ opinion a crime and should be held accountable that affect others. She wants a safer community and want the board to ensure the safety of those coming forward.

NMUSD (16) September 11, 2012 Board Meeting with Kimberly

Kimberly Mimms addresses certain concerns within the community and reports them to the board. Some parents from Corona Del Mar High School have talked to her prior about students not getting books on time and are becoming late on their studies. She talks about another parent having with home hospital programs to help a student get her equal education. Kimberly Mimms then speaks out about her child’s case and holding Dave Brooks and others responsible for not keeping them safe in the district.

NMUSD (14) June 26, 2012 Board Meeting-Speaking on Equal Education and P...

In her first speech, Kimberly Mimms continues to speak about equal education and the bullying problems that exist in the schools. She compliments the board for making changes to the complaint process as it have been made easier. Kimberly wonders what she asked in the beginning, over a year ago, why the complaint claim process was not given to her clearly and avoided and changed their procedures numerous times. In addition, Kimberly found out many months later that in the lawsuit with Mrs. Ketchum, it was mandatory to have a complaint claim process easy for anyone to file and they were supposed to train all their staff on school policies, to protect a student, families, and others under the law. She wants the board to continue with the changes and work towards a better future.

NMUSD (15) June 26, 2012 Board Meeting- Kimberly Suggestions/Challenges ...

In her second speech, Kimberly Mimms have some suggestions concerning the science camps and maybe start a fund. She is willing to give a donation but the board reassures her that might not be necessary as the final verdict on the science camps haven’t been set. As for the bullying problem, she wants to continue working with the district and see the new programs they plan to do.

NMUSD (14) June 26, 2012 Board Meeting-Speaking on Equal Education and P...

In her first speech, Kimberly Mimms continues to speak about equal education and the bullying problems that exist in the schools. She compliments the board for making changes to the complaint process as it have been made easier. She wants the board to continue with the changes and work towards a better future.

NMUSD (13) June 12, 2012 Board Meeting- Bullying on Disabled Students an...

Kimberly Mimms returns to continue talking about bullying issues within the district. She had the pleasure to speak with students and alums that had to deal with bullying and the trouble they had coming forward. She also talks about how other students who pick on others with disabilities/handicaps. Kimberly Mimms and others want resolution with these issues and including her own. She ends the speech by wanting to continue working with the district and find ways to prevent bullying before it happens.

NMUSD (12) May 8, 2012 Board Meeting-Kimberly wants to share parents con...

Kimberly Mimms comes back to talk about the issues that occurred to her daughter and the bullying that exist in schools. She mentions the Bully movie that showed the teachers and children dealing with bullying. She believes that the movie could be used as a reference to restructure the school policies and maybe create an online area for people to send complaints. Board member Barbot says that they are talking about programs to introduce into schools that deal with bullying.

NMUSD (12) May 8, 2012 Board Meeting-Kimberly wants to share parents con...

Kimberly Mimms comes back to talk about the issues that occurred to her daughter and the bullying that exist in schools. She mentions the Bully movie that showed the teachers and children dealing with bullying. She believes that the movie could be used as a reference to restructure the school policies and maybe create an online area for people to send complaints. Board member Barbot says that they are talking about programs to introduce into schools that deal with bullying.

NMUSD (12) May 8, 2012 Board Meeting-Kimberly wants to share parents con...

Kimberly Mimms comes back to talk about the issues that occurred to her daughter and the bullying that exist in schools. She mentions the Bully movie that showed the teachers and children dealing with bullying. She believes that the movie could be used as a reference to restructure the school policies and maybe create an online area for people to send complaints. Board member Barbot says that they are talking about programs to introduce into schools that deal with bullying.

NMUSD (10) March 27,2012 Board- Kimberly Wants a Written Apology to Her ...

Glad with seeing some changes in the district, Kimberly Mimms returns asking for an apology for her daughter who was mistreated at school by a top school official. She suggests that they continue to cut back a little and put those funds towards the schools. Board member Barbot explains he cannot force them to write an apology but states he will help in getting in touch and seeing if they want to.

NMUSD (10) March 27,2012 Board- Kimberly Wants a Written Apology to Her ...

Glad with seeing some changes in the district, Kimberly Mimms returns asking for an apology for her daughter who was mistreated at school by a top school official. She suggests that they continue to cut back a little and put those funds towards the schools. Board member Barbot explains he cannot force them to write an apology but states he will help in getting in touch and seeing if they want to.

NMUSD (10) March 27,2012 Board- Kimberly Wants a Written Apology to Her ...

Glad with seeing some changes in the district, Kimberly Mimms returns asking for an apology for her daughter who was mistreated at school by a top school official. She suggests that they continue to cut back a little and put those funds towards the schools. Board member Barbot explains he cannot force them to write an apology but states he will help in getting in touch and seeing if they want to.

NMUSD (10) March 27,2012 Board- Kimberly Wants a Written Apology to Her ...

Glad with seeing some changes in the district, Kimberly Mimms returns asking for an apology for her daughter who was mistreated at school by a top school official. She suggests that they continue to cut back a little and put those funds towards the schools. Board member Barbot explains he cannot force them to write an apology but states he will help in getting in touch and seeing if they want to.

NMUSD (9) February 28, 2012 Kimberly Speaking about Bullying from School...

Kimberly Mimms addresses her case and wants programs to keep schools safer in the district. She also expresses that bullying are not just from child to child but can come from top school officials to other teachers or students. She has spoken many times and wants to cooperate with the board but they continue to ignore her case. She also mentions that she has spoken with teachers and staff that have felt mistreated for reporting misconducts from other staff members.

NMUSD (8) February 14, 2012 Board Meeting.m4v

A year has passed from the incident with the school’s mistreatment of  Kimberly Mimms daughter and nothing has been done by the school board. She tells about how the teacher would manipulate the feelings of the students to feel sorry for her and against Kimberly Mimm’s daughter for reporting about her breaking school policies. She still wants an investigation into the matter but the board always seem to deny her request.

NMUSD (8) February 14, 2012 Board Meeting.m4v

A year has passed from the incident with the school’s mistreatment of  Kimberly Mimms daughter and nothing has been done by the school board. She tells about how the teacher would manipulate the feelings of the students to feel sorry for her and against Kimberly Mimm’s daughter for reporting about her breaking school policies. She still wants an investigation into the matter but the board always seem to deny her request.

NMUSD January 24, 2012 Board Meeting-Concerned Citizen about Gross Abuse...

Lastly, a man talks about how Jeffrey Hubbard has finally been criminalized for his actions and that the board learn from his mistakes. He feels they have taken the first step in the right direction, however, they still need to do more to gain back the trust of the people within the district.

Karyl Ketchum Speaks to NMUSD January 24, 2012 Board Meeting

Karyl Ketchum talks to the board about how three male athletes threatened to rape and shoot her daughter by a Facebook video and that no punishment was given to the boys. She demands that they look at the matter and stop cyberbullying in their schools. She would later win her case and now schools have to take classes about sexism, homophobia, and bullying.

NMUSD (7) January 24, 2012 Board Meeting

Kimberly Mimms starts her speech to the board about her concern for Hubbard and his unlawful practices that he was criminalized for. She then restates that the board take a look at her daughter’s case and expresses that she wants to work with them instead of against them. She calls that an investigation be taken and see the evidence that Kimberly Mimms has provided.

NMUSD (6) Dec. 13, 2011 Board Meeting Complete Version that was Hidden f...

Kimberly Mimms returns to talk about the bullying, intimidation,fear, mistreatment of her child by a teacher and principal with the newport mesa school district. She then speaks about how some teachers were also mistreated by others working in the school and district. It seems nothing has been done about any of the concerns that Kimberly Mimms have brought up and expresses her lack of trust for the district and pattern of behavior of school violations, laws broken to her family and others. Kimberly expressed this happened years ago when her child was in second grade and reported not allowed to go to the water fountain and bathroom due to food poisoning. Complaints were filed through emails to Jeffrey Hubbard, Susan Astarita, and communicating with Betty Swan by phone. It would be important for Kimberly Mimms and others to request under the California Public Records Act (CPRA) to find out why they did not protect a seven year old during that time period from the retaliation from the school period. Kimberly served a verbal notice to Jeffery Hubbard and Walt Davenport for not keeping her child safe years ago and now.

NMUSD November 8, 2011 Board Meeting- No Confidence in Jeffrey Hubbard

Four speakers came to discuss their problems with the administration especially mentioning their shared voice on the ‘No Confidence in Jeffrey Hubbard’ vote. The first was a parent who was angry at how the administrators seem to be using the funding for themselves and not for the children in schools. Another was a woman who spoke about the ‘No Confidence’ vote and presented the results of a secret ballot of teachers that support the vote. Then a man continued the issue by stating Jeffrey Hubbard “exhibited a history of showing favoritism with certain administrators and setting a low standard of conduct for all students and employees” and is unfit for work. The last person was a teacher who called for funding equality for schools within the district and mentions her support of ‘No Confidence in Hubbard.’

NMUSD November 8, 2011 Board Meeting- Another expresses his No Confidenc...

Four speakers came to discuss their problems with the administration especially mentioning their shared voice on the ‘No Confidence in Jeffrey Hubbard’ vote. The first was a parent who was angry at how the administrators seem to be using the funding for themselves and not for the children in schools. Another was a woman who spoke about the ‘No Confidence’ vote and presented the results of a secret ballot of teachers that support the vote. Then a man continued the issue by stating Jeffrey Hubbard “exhibited a history of showing favoritism with certain administrators and setting a low standard of conduct for all students and employees” and is unfit for work. The last person was a teacher who called for funding equality for schools within the district and mentions her support of ‘No Confidence in Hubbard.’

NMUSD November 8, 2011 Board Meeting- 4th Grade Teacher Calls for Fund E...

Four speakers came to discuss their problems with the administration especially mentioning their shared voice on the ‘No Confidence in Jeffrey Hubbard’ vote. The first was a parent who was angry at how the administrators seem to be using the funding for themselves and not for the children in schools. Another was a woman who spoke about the ‘No Confidence’ vote and presented the results of a secret ballot of teachers that support the vote. Then a man continued the issue by stating Jeffrey Hubbard “exhibited a history of showing favoritism with certain administrators and setting a low standard of conduct for all students and employees” and is unfit for work. The last person was a teacher who called for funding equality for schools within the district and mentions her support of ‘No Confidence in Hubbard.’

NMUSD (5) November 8, 2011 Board Meeting-Parent Expresses her Opinion to...

Four speakers came to discuss their problems with the administration especially mentioning their shared voice on the ‘No Confidence in Jeffrey Hubbard’ vote. The first was a parent who was angry at how the administrators seem to be using the funding for themselves and not for the children in schools. Another was a woman who spoke about the ‘No Confidence’ vote and presented the results of a secret ballot of teachers that support the vote. Then a man continued the issue by stating Jeffrey Hubbard “exhibited a history of showing favoritism with certain administrators and setting a low standard of conduct for all students and employees” and is unfit for work. The last person was a teacher who called for funding equality for schools within the district and mentions her support of ‘No Confidence in Hubbard.’

NMUSD (4) October 25, 2011 Board Meeting new School Policy created by Su...

Kimberly Mimms comes back and restates the events that occurred in February 2011 that concerned the fifth grade teacher bringing her baby/toddler to class for months and proceeded to mistreat Kimberly Mimms child with retaliation from school officials not protecting her daughter. After filing numerous complaints and claims for months, the school continued to ignore the Mimm’s family. When Kimberly Mimms wanted school files concerning her daughter, the school withheld and purged important documents.

Susan Astarita, Assistant Superintendent, was acknowledged by Kimberly on how a school policy was violated and how she responded by protecting the teacher and changing school policies allowing to bring their children which was unheard of from the department of education. It was surprising to learn how the school violation was known to Susan months prior by emails from Kimberly starting from March 30, 2011 and changed protecting the people that violated their own school policies when Kimberly’s claim was denied. There was nepotism that allowed certain teachers to be protected by the board under Jeffrey Hubbard, Superintendents, and eventually drove out other teachers with false blame and retaliation.

NMUSD (4) October 25, 2011 Board Meeting new School Policy created by Su...

Kimberly Mimms comes back and restates the events that occurred in February 2011 that concerned the fifth grade teacher bringing her baby/toddler to class for months and proceeded to mistreat Kimberly Mimms child with retaliation from school officials not protecting her daughter. After filing numerous complaints and claims for months, the school continued to ignore the Mimm’s family. When Kimberly Mimms wanted school files concerning her daughter, the school withheld and purged important documents.

Susan Astarita, Assistant Superintendent, was acknowledged by Kimberly on how a school policy was violated and how she responded by protecting the teacher and changing school policies allowing to bring their children which was unheard of from the department of education. It was surprising to learn how the school violation was known to Susan months prior by emails from Kimberly starting from March 30, 2011 and changed protecting the people that violated their own school policies when Kimberly’s claim was denied. There was nepotism that allowed certain teachers to be protected by the board under Jeffrey Hubbard, Superintendents, and eventually drove out other teachers with false blame and retaliation.

Bullyingwarrior: BULLYINGWARRIOR THANKS LABOR BEAT FOR THEIR SUPPOR...

Bullyingwarrior: BULLYINGWARRIOR THANKS LABOR BEAT FOR THEIR SUPPOR...: DEAR LABOR BEAT, BULLYINGWARRIOR THANKS LABOR BEAT FOR THEIR SUPPORT, ABOUT THE CORRUPTION IN NMUSD SCHOOL DISTRICT.  THIS DISTRICT ...

BULLYINGWARRIOR THANKS LABOR BEAT FOR THEIR SUPPORT TO STOP CORRUPTION IN NMUSD

DEAR LABOR BEAT,

BULLYINGWARRIOR THANKS LABOR BEAT FOR THEIR SUPPORT, ABOUT THE CORRUPTION IN NMUSD SCHOOL DISTRICT. 

THIS DISTRICT HAS BEEN HARMING THEIR STUDENTS, FAMILIES, DEVOTED TEACHERS/STAFF WHEN REPORTING COMPLAINTS AND CLAIMS IN THEIR SCHOOLS AND DISTRICT. 

NMUSD CONTINUES BREAKING SCHOOL VIOLATIONS AND CREATING FRAUD FOR SEVERAL YEARS DUE TO THEIR NEPOTISM PRACTICES AND THEY THINK THEY ARE ABOVE THE LAW.

PLEASE HELP EXPOSE AND STOP THE PATTERN OF BEHAVIOR AND PROTECT OUR CHILDREN, GOOD FAMILIES AND DEVOTED TEACHERS AND STAFF THAT LIVE IN FEAR OF THE POWER WITHIN NOT ONLY THEIR DISTRICT, SCHOOLS, BUT EXTENDING TO POLICE DEPTS. AND COUNCIL MEMBERS THAT TURN A BLIND EYE.

WE SHOULD ALL WORK TOGETHER IN ALL SCHOOL DISTRICTS TO STOP THE CORRUPTION AND GET ANY SCHOOL OFFICIALS OUT OF THEIR BOARD POSITION, OR STAFF POSITION IF THEY CAN’T FOLLOW THEIR OWN POLICIES AND OUR GOVERNMENT LAWS.

BULLYINGWARRIOR

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BULLYINGWARRIOR.BLOGSPOT.COM

Bullyingwarrior: Bullyingwarrior: Bullyingwarrior News about anothe...

Bullyingwarrior: Bullyingwarrior: Bullyingwarrior News about anothe...: Bullyingwarrior: Bullyingwarrior News about another victim in NMUSD... : Bullyingwarrior News about another victim in NMUSD Newport Highscho...

Bullyingwarrior: U.S. Department of Justice Civil Rights Division a...

Bullyingwarrior: U.S. Department of Justice Civil Rights Division a...: TITLE VI LEGAL MANUAL U.S. Department of Justice Civil Rights Division P.O. Box 65560 Washington, D.C. 20035-6560 September, 1998 T...

U.S. Department of Justice Civil Rights Division about TITLE VI LEGAL MANUAL TABLE OF CONTENTS

TITLE VI LEGAL MANUAL

U.S. Department of Justice
Civil Rights Division
P.O. Box 65560
Washington, D.C. 20035-6560

September, 1998

TABLE OF CONTENTS

Introduction

I. Overview: Interplay of Title VI with Title IX, Section 504, the Fourteenth Amendment, and Title VII

II. Synopsis of Legislative History and Purpose of Title VI

III. Title VI Applies to "Persons"

IV. "In the United States"

V. Federal Financial Assistance Includes More Than Money

    A. Examples of Federal Financial Assistance
    B. Direct and Indirect Receipt of Federal Assistance
    C. Federal Action That Is Not Federal Financial Assistance

VI. What is a Recipient?

    A. Regulations
    B. Direct, Contract Relationship
    C. Indirect Recipient
    D. Transferees and Assignees
    E. Primary/Subrecipient Programs
    F. Contractor and Agent
    G. Recipient v. Beneficiary

VII. "Program or Activity"

    A. Initial Passage and Judicial Interpretations
    B. Grove City College
    C. Civil Rights Restoration Act
    D. State and Local Governments
    E. Educational Institutions
    F. Corporations and Private Entities
    G. Catch-All/Combinations of Entities

VIII. What Constitutes Discriminatory Conduct?

    A. Intentional Discrimination/Disparate Treatment
    B. Disparate Impact/Effects
    C. Retaliation

IX. Employment Coverage

    A. Scope of Coverage
    B. Regulatory Referral of Employment Complaints to the EEOC

X. Federal Funding Agency Methods to Evaluate Compliance

    A. Pre-Award Reviews
        1. Assurances of Compliance
        2. Deferral of the Decision Whether to Grant Assistance
        3. Pre-Award Authority of Recipients vis-a-vis Subrecipients
        4. Pre-Award Data Collection
        5. Recommendations Concerning Pre-award Reviews
    B. Post-Award Compliance Reviews
        1. Selection of Targets and Scope of Compliance Review
        2. Procedures for Compliance Reviews
        3. Complaints

XI. Federal Funding Agency Methods to Enforce Compliance

    A. Efforts to Achieve Voluntary Compliance
        1. Voluntary Compliance at the Pre-Award Stage
            a. Special Conditions
            b. Use of Cautionary Language
        2. Other Nonlitigation Alternatives
    B. "Any Other Means Authorized by Law:" Judicial Enforcement
    C. Fund Suspension and Termination
        1. Fund Termination Hearings
        2. Agency Fund Termination is Limited to the Particular Political Entity, or Part Thereof, that Discriminated

XII. Private Right of Action and Individual Relief through Agency Action

    A. Entitlement to Damages for Intentional Violations
    B. Availability of Compensatory Damages in Other Circumstances
    C. Recommendations for Agency Action
    D. States Do Not Have Eleventh Amendment Immunity Under Title VI

XIII. Department of Justice Role Under Title VI

Bullyingwarrior: Statutory Protection Against Liability in Public S...

Bullyingwarrior: Statutory Protection Against Liability in Public S...: II. CHAPTER 258: STATUTORY PROTECTION AGAINST LIABILITY A. G. L. c.258, § 2 frees teachers and other public employees from liability for...

Bullyingwarrior: BULLYING/HARASSMENT EDUCATION CODES TO PROTECT PEO...

Bullyingwarrior: BULLYING/HARASSMENT EDUCATION CODES TO PROTECT PEO...: Last Updated: 3/28/2012 Bullying/Harassment : Education Code  32261  (1985) states that all pupils enrolled in a classroom have the inali...

BULLYING/HARASSMENT EDUCATION CODES TO PROTECT PEOPLE WHEN ON CAMPUS TO BE SAFE, SECURE AND PEACEFUL

Last Updated: 3/28/2012

Bullying/Harassment: Education Code 32261 (1985) states that all pupils enrolled in a classroom have the inalienable right to attend classes on school campuses that are safe, secure and peaceful. It encourages school districts to develop and implement interagency strategies, in-service training programs, and activities that will improve school attendance and reduce school crime and violence, including vandalism, drug and alcohol abuse, gang membership, gang violence, hate crimes, bullying, including bullying committed personally or by means of an electronic act, teen relationship violence, and discrimination and harassment, including, but not limited to, sexual harassment.

Education Code 35294.2 (2001) requires the Department of Education to develop model policies on the prevention of bullying and conflict resolution. The code authorizes districts to adopt one or more of these policies for the incorporation into its school safety plan, as required in the statute (Model Policies). Education Code 48900(2008) permits a student to be suspended from school or recommended for expulsion for engaging in acts of bullying. Education Code 48900.4 (2008) allows a student to be suspended or recommended for expulsion if the superintendent or the principal of the school in which the student is enrolled determines that the student has intentionally engaged in harassment, threats or intimidation, directed against school district personnel or pupils "that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of either school personnel or pupils by creating an intimidating or hostile educational environment."

Education Code 48900.2 (2008) permits a student to be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the student is enrolled determines that the student has committed sexual harassment, as defined in Education Code 212.5. Education Code 46600 states that a pupil that has been determined to be a victim of an act of bullying shall be given priority for interdistric attendance under any interdistrict attendance agreement, or in the abscence of an agreement, be given additional consideration for the creation of an interdistrict attendance agreement.

Education Code 234 requires the bullying and harassment policy adopted by the local education agencies to prohibit discrimination, harassment, intimidation and bullying based on actual or perceived characteristics, as specified. It also requires the process for receiving and investigating complaints to include complaints of discrimination, harassment, intimidation and bullying based on actual or perceived characteristics, as specified, and to include a requirement that school personnel who witness such acts take immediate steps to intervene when safe to do so, a timeline to investigate and resolve complaints, and an appeal process, as specified.

Cyberbullying: Education Code 48900 (2008) permits a student to be suspended from school or recommended for expulsion for engaging in acts of bullying, including bullying committed by means of electronic acts. Education Code32261 (2011) defines "electronic act" as "the transmission of a communication, including, but not limited to, a message, text, sound, image or a post on a social network Internet Web site, or image by means of an electronic device, including but not limited to a telephone, wireless telephone or other wireless communication device, computer or pager.

Education Code 32261 encourages school districts, county offices of education, law enforcement agencies, and agencies serving youth to develop and implement interagency strategies, in-service training programs, and activities that will improve school attendance and reduce school crime and violence, including bullying committeed personally or by means of an electronic act, which includes the posting of messages on a social network Internet Web site.

Hazing: Education Code 48900.2 (2008) permits a student to be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the student is enrolled determines that the student has engaged ir or attempted to engage in hazing. "Hazing" is defined as a method of means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil." For the purposes of this statute, "hazing" does not include athletic events or school-sanctioned events.

Statutory Protection Against Liability in Public Schools including Intentional Torts and Civil Rights Violations

II. CHAPTER 258: STATUTORY PROTECTION AGAINST LIABILITY

A. G. L. c.258, § 2 frees teachers and other public employees from liability for accidental injuries occurring “in the course of their employment.” This law also provides that the employee will be represented by a “public attorney” if a claim that is covered by the statute is brought against the employee. The court has construed “in the course of employment” to mean “in furtherance of the employer's work.” (Clickner case, 1996).

B. This immunity is conditioned upon the employee cooperating with the employer in investigating and defending claims of negligence.

C. Because this immunity only pertains to activities undertaken within the scope of your employment, it is wise (though not always necessary) to have the employer clearly and in writing authorize or direct activities that involve leaving school premises, transportation in your vehicle, giving medications, intervening in fights, and other activities that are outside the normal classroom routine. The idea as much as possible is to have the administration assume responsibility for these decisions.

D. Intentional Torts. The law does not shield you from liability for injuries that you may cause recklessly or intentionally. But it does allow your employer to indemnify you for many of those injuries and this extra indemnification sometimes is negotiated into the contract by the union.

E. Civil Rights Violations. The statute does not immunize teachers from liability for violating another individual's civil rights. Sexual harassment, for example, could be viewed as a civil rights violation. As with intentional torts, Section 9 of the statute allows the school district to agree to indemnify its employees for civil rights violations, unless a teacher is proven to have been “grossly negligent, willful or malicious” in violating another person's civil rights. (The NEA liability insurance policy provides up to $300,000 worth of defense, settlements or judgments for proceedings involving civil rights. See Q's and A's on NEA Liability Insurance. Please note that the exact limits of coverage are determined only by the terms of the policy between the MTA and the insurer.)

F. School District Liability. The school district will be liable for an employee's negligence and the employee must cooperate in defending such a lawsuit. The school district is not liable for an employee's unauthorized actions or intentional torts. However, the school district might be sued for negligently supervising an employee who engages in such activities. Doe v. Blandford, 402 Mass. 831 (1988) (school district liable for failing to properly hire, supervise and control a guidance counselor who committed indecent assault and battery upon the plaintiff, a child).

G. Note: Disciplinary Consequences. Even if a teacher is immunized for damages arising out of a particular incident, the employer may still impose discipline upon the teacher for his actions. In that case, the teacher would have the same rights as any other teacher facing discipline for job-related issues.

Bullyingwarrior: NMUSD NEWS: KIMBERLY MIMMS THANKS KATHLEEN CARROLL...

Bullyingwarrior: NMUSD NEWS: KIMBERLY MIMMS THANKS KATHLEEN CARROLL...: KIMBERLY MIMMS THANKS KATHLEEN CARROLL FROM THE BOTTOM OF HER HEART FOR TAKING A STAND TO HELP OTHERS IN OUR PUBLIC SCHOOL DISTRICTS AND NM...

Bullyingwarrior: Bullyingwarrior and others thank Matt Coker for hi...

Bullyingwarrior: Bullyingwarrior and others thank Matt Coker for hi...: People in NMUSD Community, thank Matt Coker for his support on what is going on in this corrupt school district.    Parents, kids, Dev...

Bullyingwarrior and others thank Matt Coker for his support about the real story in NMUSD

People in NMUSD Community, thank Matt Coker for his support on what is going on in this corrupt school district. 

 

Parents, kids, Devoted Teachers and others hope the real stories, school violations, nepotism practices and crimes to others will be brought out in the news.                                        

Some of the stories can be viewed under the following site:     Youtube: Bullyingwarrior                                                              

Thanks again Matt for caring and going the extra mile to help others. Please help expose any School Officials are not above the law and have a responsability to investigate factual complaints and claims that harm others.