NONDISCRIMINATION/AFFIRMATIVE ACTION                                 Policy #4111.1

 

 

The Board of Education guarantees to all persons equal access to all categories of employment, retention and advancement in this district, regardless of race, creed, color, national origin, ancestry, age, sex, affectional or sexual orientation, marital status, familial status, liability for service in the Armed Forces of the United States, atypical hereditary cellular or blood trait of any individual, nonapplicable disability or because of genetic information or refusal to submit to or make available the results of a genetic test.

 

An affirmative action/equity program shall be a part of every aspect of employment not limited to but including upgrading; demotion or transfer; recruitment or recruitment advertising; renewal or non-renewal; layoff or termination; rates of pay or other forms of compensation including fringe benefits, employment selection or selection for training and apprenticeships; promotion; or tenure.

 

The board-designated affirmative action officer shall identify and recommend correction of any existing inequities, and any that occur in the future.

 

Harassment and Favoritism

 

The Board of Education is an affirmative action employer and holds all its employees responsible for maintaining a working environment that is free from all discriminatory practices.  Harassment or favoritism on any basis included in the board’s statement of equal access to employment, retention and advancement is prohibited.

 

Harassment means any gesture or written, verbal or physical act that takes place on school property or any school-sponsored function and that:

  1. is motivated by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory disability; or,
  2. by any other distinguishing characteristic; and
  3. a reasonable person should know under the circumstances that the act(s) will have the effect of harming an employee or damage the employee’s property, or place an employee in reasonable fear of harm to his person or damage to his property; or
  4. has the effect of insulting or demeaning any employee or group of employees in such a way as to cause substantial disruption in, or substantial interference with, the orderly operation of the school.

 

Administrators and supervisors shall be familiarized with the actions that constitute harassment and favoritism.  This material shall be included in the legally mandated affirmative action in-service training for all employees, and shall be clear and specific.  When harassment has taken place, appropriate disciplinary action will follow.  All such determinations shall be reported to the board.

 

Sexual Harassment

 

The board of education shall maintain a working environment that is free from sexual harassment.

 

Administrators and supervisors will make it clear to all staff that sexual harassment is prohibited.  No supervisory employee shall threaten or insinuate, either directly or indirectly, that an employee’s refusal to submit to sexual advances will adversely affect the employee’s continued employment, evaluation, compensation, assignment or advancement.  No supervisory employee

shall promise or suggest, either directly or indirectly, that an employee’s submission to sexual advances will result in any improvement in any term or condition of employment of an employee.  Sexually harassing conduct committed by non-supervisory personnel is also prohibited.

 

At each school the Affirmative Action Officer is responsible for receiving complaints alleging violations of this policy. All school employees are required to report alleged violations of this policy to the Affirmative Action Officer. All other members of the school community, including students, parents, 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 Affirmative Action Officer of each building.

 

The Affirmative Action Officer is responsible for determining whether an alleged act constitutes a violation of this policy. In so doing, the Affirmative Action Officer shall conduct a prompt, thorough and complete investigation of the alleged incident and will protect the rights of both the person making the complaint and the alleged harasser.

 

Findings of discrimination in the form of sexual harassment and harassment on every other basis may result in appropriate disciplinary action, which may lead to formal reprimand and/or dismissal.

 

Whistleblower Protection

The board prohibits reprisal or retaliation against any person who reports an act of harassment. The consequence and appropriate action for a person who engages in reprisal or retaliation shall be determined by the Superintendent after consideration of the nature and circumstances of the act, in accordance with case law, federal and state statutes and regulations and district policies and procedures.

 

The board prohibits discrimination or retaliation against any school employee who does any of the following:

 

  1.  Discloses or threatens to disclose to a supervisor or to a public body an activity, polity or practice of the board that the employee reasonable believes is in violation of a law, or a rule or regulation established pursuant to law;

 

  1. Provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any violation of law, or a rule or regulation established pursuant to law by the board; or

 

  1. Objects to, or refuses to participate in any activity, policy or practice which the employee reasonably believes is in violation of law, rule or regulation; is fraudulent or criminal; or is incompatible with public health, safety or welfare or protection of the environment.

 

The board shall ensure that notices are posted conspicuously in each school, informing employees that they are protected under the Conscientious Employee Protection Act.

 

Report on Implementation

 

The Affirmative Action Officer shall devise regulations, including grievance forms and procedures to implement this policy.  He/she shall be responsible for informing staff annually of the identity and location of the affirmative action officer and the implementing procedures.

 

 

 

First Reading:02/06 

Adopted:  03/06