2260 - NONDISCRIMINATION AND ACCESS TO EQUAL EDUCATIONAL OPPORTUNITY

Any form of discrimination or harassment can be devastating to an individual’s academic progress, social relationship and/or personal sense of self-worth. As such, the Governing Board does not discriminate on the basis of race, color, national origin, sex, disability, age (except as authorized by law), religion, military status, ancestry, or genetic information (collectively, “Protected Classes”) in its educational programs or activities.

The Governing Board also does not discriminate on the basis of Protected Classes in its employment policies and practices as they relate to students and does not tolerate harassment of any kind.

Equal educational opportunities shall be available to all students, without regard to their membership in the Protected Classes, race, color, national origin, sex, disability, age (unless age is a factor necessary to the normal operation or the achievement of any legitimate objective of the program/activity), place of residence within the boundaries of the ESC, or social or economic background, to learn through the curriculum offered in this ESC. Educational programs shall be designed to meet the varying needs of all students.

In order to achieve the aforesaid goal, the Superintendent shall:

1. Curriculum Content
   
   review current and proposed courses of study and textbooks to detect any bias based upon the Protected Classes ascertaining whether or not supplemental materials, singly or taken as a whole, fairly depict the contribution of both genders, various races, ethnic groups, etc. toward the development of human society;
    
2. Staff Training
   
   develop an ongoing program of in-service training for school personnel designed to identify and solve problems of bias based upon the Protected Classes in all aspects of the program;
    
3. Student Access
    
   1. review current and proposed programs, activities, facilities, and practices to verify that all students have equal access thereto and are not segregated on the basis of the Protected Classes in any duty, work, play, classroom, or school practice, except as may be permitted under applicable laws and regulations;
   2. verify that facilities are made available, in accordance with Governing Board Policy 7510 - Use of ESC Facilities, for non-curricular student activities that are initiated by parents or other members of the community, including but not limited to any group officially affiliated with the Boy Scouts of America or any other youth group listed in Title 36 of the United States Code as a patriotic society;
       
4. ESC Support
   
   verify that like aspects of the ESC program receive like support as to staff size and compensation, purchase and maintenance of facilities and equipment, access to such facilities and equipment, and related matters;
    
5. Student Evaluation
   
   verify that tests, procedures, and guidance and counseling materials, which are designed to evaluate student progress, rate aptitudes, analyze personality, or in any manner establish or tend to establish a category by which a student may be judged, are not differentiated, or stereotyped on the basis of the Protected Classes.

Definitions:

Words used in this policy shall have those meanings defined herein; words not defined herein shall be construed according to their plain and ordinary meanings.

Complainant is the individual who alleges, or is alleged, to have been subjected to unlawful discrimination/retaliation, regardless of whether the person files a formal complaint or is pursuing an informal resolution to the alleged discrimination/retaliation.

Respondent is the individual who has been alleged to have engaged in unlawful discrimination/retaliation, regardless of whether the Reporting Party files a formal complaint or is seeking an informal resolution to the alleged discrimination/retaliation.

School Educational Service Center community means students and Governing Board employees (i.e., administrators, and professional and classified staff), as well as Governing Board members, agents, volunteers, contractors, or other persons subject to the control and supervision of the Governing Board.

Third Parties include, but are not limited to, guests and/or visitors on School Center property (e.g., visiting speakers, participants on opposing athletic teams, parents), vendors doing business with, or seeking to do business with, the Governing Board, and other individuals who come in contact with members of the School Center community at school-related events/activities (whether on or off Center property).

Day(s): Unless expressly stated otherwise, the term "day" or "days" as used in this policy means a business day(s) (i.e., a day(s) that the Governing Board office is open for normal operating hours, Monday - Friday, excluding State-recognized holidays).

ESC Compliance Officer(s)

The Governing Board designates the following individual(s) to serve as the ESC’s “Compliance Officer” (also known as “Civil Rights Coordinator”):

The Compliance Officer is responsible for coordinating the ESC’s efforts to comply with applicable Federal and State laws and regulations, including the ESC’s duty to address in a prompt and equitable manner any inquiries or complaints regarding discrimination/retaliation or denial of equal access. The Compliance Officer shall also verify that proper notice of nondiscrimination for Title II of the Americans with Disabilities Act (as amended), Title VI and Title VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973 (as amended), and the Age Discrimination in Employment Act of 1975 is provided to students, their parents, staff members, and the general public.

Reports and Complaints of Unlawful Discrimination and Retaliation

Students, Board employees, all other members of the ESC community, as well as third parties, are required to promptly report incidents of unlawful discrimination and/or retaliation to an administrator, supervisor, or other ESC-level official so that the Governing Board may address the conduct. Any administrator, supervisor, or other ESC-level employee or official who receives such a report shall file it with the Compliance Officer within two (2) days if possible.

Members of the Center community, which includes students and Third Parties, who believe they have been unlawfully discriminated/retaliated against are entitled to utilize the complaint process set forth below. Initiating a complaint, whether formally or informally, will not adversely affect the Complainant's employment or participation in educational or extra-curricular programs. While there are no time limits for initiating complaints under this policy, individuals should make every effort to file a complaint as soon as possible after the conduct occurs, while the facts are known and potential witnesses are available.

If, during an investigation of alleged bullying, aggressive behavior, and/or harassment in accordance with Policy 5517.01 - Bullying and Other Forms of Aggressive Behavior, the Principal believes that the reported misconduct may constitute unlawful discrimination based on a Protected Class, the Principal shall report the act to one (1) of the COs who shall investigate the allegation in accordance with this policy. While the CO investigates the allegation, the Principal shall suspend the Policy 5517.01 investigation to await the CO's written report. The CO shall keep the Principal informed of the status of the Policy 2260 investigation and provide the Principal with a copy of the resulting written report.

The Compliance Officer will be available during regular school/work hours to discuss concerns related to unlawful discrimination/retaliation. The Compliance Officer shall accept reports of unlawful discrimination/retaliation directly from any member of the ESC community or Third Party, or receive reports that are initially filed with another Governing Board employee. Upon receipt of a report of alleged discrimination/retaliation, the Compliance Officer will contact the Complainant and begin either an informal or formal complaint process (depending on the Complainant’s request and the nature of the alleged discrimination/retaliation),  or the Compliance Officer shall designate a specific individual to conduct such a process. The Compliance Officer shall provide a copy of this policy to the Complainant and the Respondent. In the case of a formal complaint, the Compliance Officer shall prepare recommendations for the Superintendent or oversee the preparation of such recommendations by a designee. All members of the ESC community shall report incidents of discrimination/retaliation that are reported to them to the Compliance Officer within two (2) days of learning of the incident/conduct.

Any Governing Board employee who directly observes unlawful discrimination/retaliation is obligated, in accordance with this policy, to report such observations to the Compliance Officer within two (2) business days. Additionally, any Governing Board employee who observes an act of unlawful discrimination/retaliation is expected to intervene to stop the misconduct, unless circumstances make such an intervention dangerous, in which case the staff member should immediately notify other Governing Board employees and/or local law enforcement officials, as necessary, to stop the misconduct. Thereafter, the Compliance Officer/designee shall contact the Complainant within two (2) days to advise the Complainant of the Governing Board’s intent to investigate the wrongdoing.

Investigation and Complaint Procedure

Except for sex discrimination and/or Sexual Harassment that is covered by Policy 2266 - Nondiscrimination on the Basis of Sex in Education Programs or Activities, any employee who alleges to have been subjected to unlawful discrimination or retaliation may seek resolution of the complaint through the procedures described below. The formal complaint procedures involve an investigation of the individual’s claims of discrimination/retaliation and a process for rendering a decision regarding whether the charges are substantiated.

Due to the sensitivity surrounding complaints of unlawful discrimination or retaliation, timelines are flexible for initiating the complaint process; however, individuals are encouraged to file a complaint within thirty (30) days after the conduct occurs. Once the formal complaint process is begun, the investigation shall be completed in a timely manner (ordinarily, within fifteen (15) business days of the complaint being received).

The procedures set forth below are not intended to interfere with the rights of any individual to pursue a complaint of unlawful discrimination or retaliation with the  U.S. Department of Education, Office for Civil Rights, Lyndon Baines Johnson Department of Education Bldg., 400 Maryland Ave., SW, Washington, DC 20202-1100, Telephone: (800) 421-3481, FAX: (202) 453-6012, TDD: 800-877-8339, E-mail: OCR@ed.gov, Web: http://www.ed.gov/ocr

Informal Complaint Procedure

The goal of the informal complaint procedure is to promptly stop inappropriate behavior and facilitate resolution through an informal means, if possible. The informal complaint procedure is provided as a less formal option for a student who alleges unlawful discrimination or retaliation This informal procedure is not required as a precursor to the filing of a formal complaint. The informal process is only available in those circumstances where the parties (the alleged target of the discrimination/retaliation and individual(s) alleged to have engaged in the discrimination) agree to participate in it.

The Complainant may proceed immediately to the formal complaint process and individuals who participate in the informal procedure may request that the informal process be terminated at any time to move to the formal complaint process.

All complaints involving an ESC employee or any other adult member of the ESC community and a student shall be formally investigated.

As an initial course of action, if a Complainant feels comfortable and safe doing so, the individual should tell or otherwise inform the Respondent that the alleged harassing conduct is inappropriate and shall stop. The Complainant should address the allegedly harassing conduct as soon after it occurs as possible. The Compliance Officer is available to support and counsel individuals when taking this initial step or to intervene on behalf of the Complainant if requested to do so. A Complainant who is uncomfortable or unwilling to directly approach the Respondent about the alleged inappropriate conduct may file an informal or a formal complaint. In addition, with regard to certain types of unlawful harassment, such as sexual harassment, the Compliance Officer may advise against the use of the informal complaint process.

A Complainant who alleges unlawful discrimination/retaliation may make an informal complaint, either orally or in writing to the Compliance Officer and/or the Superintendent or designee.

All informal complaints shall be reported to the Compliance Officer who shall either facilitate an informal resolution as described below or appoint another individual to facilitate an informal resolution.

The ESC’s informal complaint procedure is designed to provide the Complainant with a range of options aimed at bringing about a prompt resolution of their concerns. Depending upon the nature of the complaint and the Complainant’s wishes, informal resolution may involve, but not be limited to, one or more of the following:

1. Advising the Complainant about how to communicate concerns to the Respondent
2. Distributing a copy of this policy to the individuals in the school building or office where the Respondent works.
3. If both parties agree, the Compliance Officer may arrange and facilitate a meeting or mediation between the Complainant and the Respondent to work out a mutual resolution.

While there are no set time limits within which an informal complaint shall be resolved, the Compliance Officer or designee is directed to attempt to resolve all informal complaints within fifteen (15) business days of receiving the informal complaint. If the Complainant is dissatisfied with the informal complaint process, the Complainant may proceed to file a formal complaint. And, as stated above, either party may request that the informal process be terminated at any time to move to the formal complaint process.

Formal Complaint Procedure

If a complaint is not resolved through the informal complaint process, if one of the parties requested that the informal complaint process be terminated to move to the formal complaint process, or if the Complainant, from the outset, elects to file a formal complaint, or the Compliance Officer(s) determines the allegations are not appropriate for resolution through the informal process, the formal complaint process shall be implemented.

The Complainant may file a formal complaint, either orally or in writing, with the Compliance Officer and/or the Superintendent or designee. Due to the sensitivity surrounding complaints of unlawful discrimination and retaliation, timelines are flexible for initiating the complaint process; however, individuals should make every effort to file a formal complaint within thirty (30) days after the conduct occurs. If a Complainant informs the Superintendent or designee, either orally or in writing, about any complaint of discrimination/retaliation, that student shall report such information to the Compliance Officer within two (2) business days.

Throughout the course of the process, the Compliance Officer should keep the parties reasonably informed of the status of the investigation and the decision-making process.

All formal complaints shall include the following information to the extent known: the identity of the Respondent; a detailed description of the facts upon which the complaint is based (i.e., when, where, and what occurred); a list of potential witnesses; and the resolution sought by the Complainant.

If the Complainant is unwilling or unable to provide a written statement including the information set forth above, the Compliance Officer shall ask for such details in an oral interview. Thereafter, the Compliance Officer shall prepare a written summary of the oral interview, and the Complainant shall be asked to verify the accuracy of the reported charge by signing the document.

Upon receiving a formal complaint, the Compliance Officer shall consider whether any action should be taken in the investigatory phase to protect the Complainant from further discrimination or retaliation including, but not limited to, a change of work assignment or schedule for the Complainant and/or the Respondent. In making such a determination, the Compliance Officer should consult the Complainant to assess whether the individual agrees with the proposed action. If the Complainant is unwilling to consent to the proposed change, the Compliance Officer may still take whatever actions the Compliance Officer deemed appropriate in consultation with the Superintendent or designee.

Within two (2) business days of receiving the complaint, the Compliance Officer or designee shall initiate a formal investigation to determine whether the Complainant has been subjected to unlawful discrimination/retaliation.

Simultaneously, the Compliance Officer shall inform the Respondent that a complaint has been received. The Respondent shall be informed about the nature of the allegations and provided with a copy of any relevant policies, including this policy. The Respondent shall also be informed of the opportunity to submit a written response to the complaint within five (5) business days.

Although certain cases may require additional time, the Compliance Officer or a designee shall attempt to complete an investigation into the allegations of discrimination/retaliation within fifteen (15) business days of receiving the formal complaint. The investigation shall include:

1. Interviews with the Complainant;
2. Interviews with the Respondent;
3. Interviews with any other witnesses who may reasonably be expected to have any information relevant to the allegations; and
4. Consideration of any documentation or other information presented by the Complainant, Respondent, or any other witness that is reasonably believed to be relevant to the allegations.

At the conclusion of the investigation, the Compliance Officer or designee shall prepare and deliver a written report to the Superintendent or designee that summarizes the evidence gathered during the investigation and provides recommendations based on the evidence and the definition of unlawful discrimination/retaliation as provided in Governing Board policy and applicable law as to whether the Respondent has engaged in unlawful discrimination/retaliation of the Complainant. The Compliance Officer or designee’s recommendations shall be based upon the totality of the circumstances. In determining if discrimination or retaliation occurred, a preponderance of evidence standard shall be used. The Compliance Officer or designee may consult with the Governing Board’s legal counsel before finalizing the report to the Superintendent or designee.

Absent extenuating circumstances, within five (5) business days of receiving the report of the Compliance Officer or designee, the Superintendent or designee shall either issue a written decision regarding whether the charges have been substantiated or request further investigation. A copy of the Superintendent or designee’s final decision shall be delivered to both the Complainant and the Respondent.

If the Superintendent or designee requests additional investigation, the Superintendent or designee shall specify the additional information that is to be gathered, and such additional investigation shall be completed within five (5) business days. At the conclusion of the additional investigation, the Superintendent or designee shall issue a final written decision as described above.

If the Superintendent or designee determines that the Respondent engaged in unlawful discrimination/retaliation toward the Complainant, the Superintendent or designee shall identify what corrective action shall be taken to stop, remedy, and prevent the recurrence of the discrimination/retaliation. The corrective action should be reasonable, timely, age-appropriate and effective, and tailored to the specific situation.

The decision of the Superintendent or designee shall be final.

The Governing Board reserves the right to investigate and resolve a complaint or report of unlawful discrimination/retaliation regardless of whether the student alleging the unlawful discrimination/retaliation pursues the complaint. The Governing Board also reserves the right to have the formal complaint investigation conducted by an external person in accordance with this policy or in such other manner as deemed appropriate by the Governing Board or its designee.

The parties may be represented, at their own cost, at any of the above-described meetings/hearings.

The right of a person to a prompt and equitable resolution of the complaint shall not be impaired by the person’s pursuit of other remedies such as the filing of a complaint with the Office for Civil Rights, the filing of charges with local law enforcement, or the filing of a civil action in court. Use of this internal complaint process is not a prerequisite to the pursuit of other remedies.

Privacy/Confidentiality

The ESC shall employ all reasonable efforts to protect the rights of the Complainant, the Respondent(s), and the witnesses as much as possible, consistent with the Governing Board’s legal obligations to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations. All records generated under the terms of this policy shall be maintained as confidential to the extent permitted by law. Confidentiality, however, cannot be guaranteed. Additionally, the Respondent must be provided with the Complainant’s identity.

During the course of a formal investigation, the Compliance Officer or designee shall instruct each person who is interviewed about the importance of maintaining confidentiality. Any individual who is interviewed as part of an investigation is expected not to disclose to third parties any information that is learned or provided during the course of the investigation.

Sanctions and Monitoring

The Governing Board shall vigorously enforce its prohibitions against unlawful discrimination by taking appropriate action reasonably calculated to stop and prevent further misconduct. While observing the principles of due process, a violation of this policy may result in disciplinary action up to and including the discharge of an employee. All disciplinary action shall be taken in accordance with applicable laws. When imposing discipline, the Superintendent or designee shall consider the totality of the circumstances involved in the matter. In those cases where unlawful discrimination/retaliation is not substantiated, the Governing Board may consider whether the alleged conduct nevertheless warrants discipline in accordance with other Governing Board policies.

Where the Governing Board becomes aware that a prior remedial action has been taken against an employee, all subsequent sanctions imposed by the Governing Board and/or Superintendent shall be reasonably calculated to end such conduct, prevent its recurrence, and remedy its effect.

Retaliation

Retaliation against a person who makes a report or files a complaint alleging unlawful harassment/retaliation or participates as a witness in an investigation is prohibited. Neither the Governing Board nor any other person may intimidate, threaten, coerce or interfere with any individual because the person opposed any act or practice made unlawful by any Federal or State civil rights law, or because that individual made a report, formal complaint, testified, assisted or participated or refused to participate in any manner in an investigation, proceeding, or hearing under those laws and/or this policy, or because that individual exercised, enjoyed, aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by those laws and/or this policy.

Retaliation against a person for making a report of discrimination, filing a formal complaint, or participating in an investigation or meeting is a serious violation of this policy that can result in imposition of disciplinary sanctions/consequences and/or other appropriate remedies.

Formal complaints alleging retaliation may be filed according to the internal complaint process set forth above.

The exercise of rights protected under the First Amendment of the United States Constitution does not constitute retaliation prohibited under this policy.

Education and Training

In support of this policy, the Governing Board promotes preventative educational measures to create greater awareness of unlawful discriminatory practices. The Superintendent shall provide appropriate information to all members of the ESC community related to the implementation of this policy and shall provide training for ESC students and staff where appropriate. All training, as well as all information provided regarding the Governing Board’s policy and discrimination in general, shall be age and content appropriate.

Retention of Investigatory Records and Materials

The Compliance Officer(s) is responsible for overseeing retention of all records that must be maintained pursuant to this policy. All individuals charged with conducting investigations under this policy shall retain all documents, electronically stored information (“ESI”), and electronic media created and/or received as part of an investigation, which may include, but is not limited to:

1. all written reports/allegations/complaints/grievances/ statements/responses pertaining to an alleged violation of this policy;
2. any narratives that memorialize oral reports/allegations/ complaints/grievances/statements/responses pertaining to an alleged violation of this policy;
               
3. any documentation that memorializes the actions taken by ESC personnel or individuals contracted or appointed by the Governing Board to fulfill its responsibilities related to the investigation and/or the ESC’s response to the alleged violation of this policy;
4. written witness statements;
5. narratives, notes from, or audio, video, or digital recordings of witness interviews/statements;
6. e-mails, texts, or social media posts that directly relate to or constitute evidence pertaining to an alleged violation of this policy (i.e., not after-the-fact commentary about or media coverage of the incident);
7. notes or summaries prepared contemporaneously by the investigator in whatever form made (e.g., handwritten, keyed into a computer or tablet, etc.) but not including transitory notes whose content is otherwise memorialized in other documents;
8. written disciplinary sanctions issued to students or employees and other documentation that memorializes oral disciplinary sanctions issued to students or employees for violations of this policy;
9. dated written determinations/reports (including summaries of relevant exculpatory and inculpatory evidence) and other documentation that memorializes oral notifications to the parties concerning the outcome of the investigation including any consequences imposed as a result of a violation of this policy;
10. documentation of any supportive measures offered and/or provided to the Complainant and/or the Respondent including no contact orders issued to both parties, the dates the no contact orders were issued, and the dates the parties acknowledged receipt of the no contact orders;
11. documentation of all actions taken, both individual and systemic, to stop the discrimination or harassment, prevent its recurrence, eliminate any hostile environment, and remedy its discriminatory effects;
12. copies of the Governing Board policy used by the ESC to conduct the investigation, and any documents used by the ESC at the time of the alleged violation to communicate the Governing Board’s expectations to students and staff with respect to the subject of this policy (e.g., Student Code of Conduct and/or Employee Handbooks);
         
13. copies of any documentation that memorializes any formal or informal resolutions to the alleged discrimination or harassment;
14. documentation of any training provided to ESC personnel related to this policy including, but not limited to, notification of the prohibitions and expectations of staff set forth in this policy and the role and responsibility of all ESC personnel involved in enforcing this policy including their duty to report alleged violations of this policy and/or conducting an investigation of an alleged violation of this policy;
                
15. documentation that any rights or opportunities that the ESC made available to one party during the investigation were made available to the other party on equal terms;
16. copies of any notices sent to the alleged perpetrator/responding party of the allegations constituting a potential violation of this policy;
17. copies of any notices sent to the Complainant and Respondent in advance of any interview, meeting, or hearing; and
18. copies of any documentation or evidence used during informal and formal disciplinary meetings and hearings including the investigation report and any written responses submitted by the Complainant and Respondent.

The documents, ESI, and electronic media retained may include public records and records exempt from disclosure under applicable state and federal laws. The documents, ESI, and electronic media created or received as part of an investigation shall be retained in accordance with applicable state and federal laws for not less than three (3) years but longer if required by the ESC’s records retention schedule.

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