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SECTION
A:
FOUNDATIONS AND BASIC COMMITMENTS
AA School
District Legal Status
AC Prohibition
Against Illegal Discrimination and Harassment
ACA-R/
Nondiscrimination
ACB-R
ACC Resolution
of Discrimination Complaints
AD Educational
Philosophy/School District Mission
AD-1 District
Vision & Mission
ADF
District Wellness Program
AF Accountability/Commitment
To Accomplishment
AH Tobacco-Free
District
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SCHOOL
DISTRICT LEGAL STATUS
The State of Missouri must establish and
maintain free public schools in accordance with the Missouri
Constitution and state law. The State has delegated certain
responsibilities to local school districts. This
school district is governed by a seven-director School Board.
Directors are elected or appointed in accordance with
law.
The official name of the school district shall
be Strafford R-VI School District. In accordance with state law, the
Board of Education shall keep a common seal with which to attest its
official acts relative to district operations.
* * * * * * *
Note: The reader is encouraged to
review administrative procedures and/or forms for related
information in support of this policy area.
Adopted:
April 19, 2004
Cross Refs:
BBA, School Board Powers and Duties
BBB, School Board Elections
BBBA, Board Member Qualifications
BBE, Unexpired Term Fulfillment/Vacancies
Legal Refs: §§
162.261, .311, .459, RSMo.
Mo. Const., Art. IX, § 1 (a)
Strafford R-VI School District, Strafford,
Missouri
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PROHIBITION AGAINST ILLEGAL DISCRIMINATION AND
HARASSMENT
General Rule
The
Strafford R-VI
School District Board of Education is committed to
maintaining a workplace and educational environment that is free
from illegal discrimination or harassment in admission or access to,
or treatment or employment in, its programs, activities and
facilities. Discrimination or harassment
against employees, students or others on the basis of race, color,
religion, sex, national origin, ancestry, disability, age or any
other characteristic protected by law is strictly prohibited in
accordance with law. The Strafford R-VI School
District is an equal opportunity employer.
Students, employees and others will not be disciplined for
speech in circumstances where it is protected by law. The
Board also prohibits:
1.
Retaliatory actions based on making complaints of prohibited
discrimination or harassment or based on participation in an
investigation, formal proceeding or informal resolution concerning
prohibited discrimination or harassment.
2.
Aiding, abetting, inciting, compelling or coercing
discrimination or harassment.
3.
Discrimination or harassment against any person because of
such persons association with a person protected from discrimination
or harassment due to one (1) or more of the above-stated
characteristics.
All
employees, students and visitors must immediately report to the
district for investigation any incident or behavior that could
constitute illegal discrimination or harassment.
Additional Prohibited Behavior
Behavior that is not unlawful or does not rise
to the level of illegal discrimination or harassment might still be
unacceptable for the workplace or the educational environment.
Demeaning or otherwise harmful actions are prohibited,
particularly if directed at personal characteristics including, but
not limited to, socioeconomic level, sexual orientation or perceived
sexual orientation.
Consequences
Employees who violate this policy will be
disciplined, up to and including employment termination.
Students who violate this policy will be disciplined, which
may include suspension or expulsion. Patrons, contractors, visitors or
others who violate this policy may be prohibited from school grounds
or otherwise restricted while on school grounds. The
superintendent or designee will contact law enforcement or seek a
court order to enforce this policy when necessary or when actions
may constitute criminal behavior.
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In
accordance with law and district policy, any person suspected of
abusing or neglecting a child will be reported to the Childrens
Division (CD) of the Department of Social Services.
Definitions
Discrimination
B
Conferring, refusing or denying benefits or providing differential
treatment to a person or class of persons in violation of law based
on race, color, religion, sex, national origin, ancestry,
disability, age or any other characteristic protected by law, or
based on a belief that such a characteristic exists.
Harassment
B A
form of discrimination, as defined above, that occurs when the
school or work environment becomes permeated with intimidation,
ridicule or insult that is sufficiently severe or pervasive enough
that it unreasonably alters the employment or educational
environment.
Behaviors that could constitute illegal
harassment include, but are not limited to, the following acts if
based on race, color, religion, sex, national origin, ancestry,
disability, age or any other characteristic protected by law or a
belief that such a characteristic exists:
graffiti; display of written material or pictures; name
calling; slurs; jokes; gestures; threatening, intimidating or
hostile acts; theft; or damage to property.
Sexual Harassment
B A
form of discrimination, as defined above, on the basis of sex. Sexual
harassment is unwelcome conduct that occurs when a) benefits or
decisions are implicitly or explicitly conditioned upon submission
to, or punishment is applied for refusing to comply with, unwelcome
sexual advances, requests for sexual favors or conduct of a sexual
nature; or b) the school or work environment becomes permeated with
intimidation, ridicule or insult that is based on sex or is sexual
in nature and that is sufficiently severe or pervasive enough to
alter the conditions of participation in the districts programs and
activities or the conditions of employment. Sexual
harassment may occur between members of the same or opposite
sex.
The district presumes a student cannot consent to behavior of
a sexual nature with an adult regardless of the circumstance.
Behaviors that could constitute sexual
harassment include, but are not limited to:
1.
Sexual advances and requests or pressure of any kind for
sexual favors, activities or contact.
2.
Conditioning grades, promotions, rewards or privileges on
submission to sexual favors, activities or contact.
3.
Punishing or reprimanding persons who refuse to comply with
sexual requests, activities or contact.
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4.
Graffiti, name calling, slurs, jokes, gestures or
communications of a sexual nature or based on sex.
5.
Physical contact or touching of a sexual nature, including
touching of intimate parts and sexually motivated or inappropriate
patting, pinching or rubbing.
Grievance
B A
verbal or written report (also known as a complaint) of
discrimination or harassment made to the compliance officer.
Compliance Officer
The
Board designates the following individual to act as the districts
compliance officer:
(Title)
(Address)
(Phone)
The
compliance officer will:
1.
Coordinate district compliance with this policy and the
law.
2.
Receive all grievances regarding discrimination and
harassment in the Strafford R-VI School District.
3.
Serve as the districts designated Title IX, Section 504 and
Americans with Disabilities Act (ADA) coordinator, as well as the
contact person for compliance with other discrimination laws.
4.
Investigate or assign persons to investigate grievances;
monitor the status of grievances; and recommend consequences.
5.
Seek legal advice when necessary to enforce this policy.
6.
Report to the superintendent and the Board aggregate
information regarding the number and frequency of grievances and
compliance with this policy.
7.
Make recommendations regarding the implementation of this
policy.
8.
Coordinate and institute training programs for district staff
and supervisors as necessary to meet the goals of this policy,
including instruction in recognizing behavior that constitutes
discrimination and harassment.
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9.
Perform other duties as assigned by the superintendent.
In
the event the compliance officer is unavailable or is the subject of
a report that would otherwise be made to the compliance officer,
reports should instead be directed to the acting compliance
officer:
(Title)
(Address)
(Phone)
Public Notice
The
superintendent or designee will continuously publicize the districts
policy prohibiting illegal discrimination and harassment and
disseminate information on how to report discrimination and
harassment. Notification of the district's
policy will be posted in a public area of each building used for
instruction or employment or open to the public.
Information will also be distributed annually to employees,
parents/guardians and students as well as to newly enrolled students
and newly hired employees. District bulletins, catalogs,
application forms, recruitment material and the districts website
will include a statement that the Strafford R-VI School District does not
discriminate in its programs, activities, facilities or with regard
to employment. The district will provide
information in alternative formats when necessary to accommodate
persons with disabilities.
Reporting
All
persons must report incidents that might constitute illegal
discrimination or harassment directly to the compliance officer or
acting compliance officer. All district employees will
direct all persons seeking to make a grievance directly to the
compliance officer. Even if the potential victim of
discrimination or harassment does not file a grievance, district
employees are required to report to the compliance officer any
observations, rumors or other information regarding discrimination
or harassment prohibited by this policy. If a
verbal grievance is made, the person will be asked to submit a
written complaint to the compliance officer or acting compliance
officer.
If a person refuses or is unable to submit a written
complaint, the compliance officer will summarize the verbal
complaint in writing. A grievance is not needed for the
district to take action upon finding a violation of law, district
policy or district expectations.
Students, employees and others may address
concerns directly with the person alleged to have caused harassment
or discrimination in an attempt to resolve the issue, but are not
expected or required to do so.
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Student-on-Student Harassment
Building-level administrators are in a unique
position to identify and address discrimination and harassment
between students, particularly when behaviors are reported through
the normal disciplinary process and not through a grievance. The
administrator has the ability to immediately discipline a student
for any behavior that otherwise would lead to disciplinary action in
accordance with the districts discipline policy. The
administrator will report all incidents of harassment and
discrimination to the compliance officer and will direct the
parent/guardian and student to the compliance officer for further
assistance. The compliance officer may
determine that the incident has been appropriately addressed or
recommend additional action. When a grievance is filed, the
investigation and complaint process detailed below will be used.
Investigation
The
district will immediately investigate all grievances. All
persons are required to cooperate fully in the investigation. The
district compliance officer or other designated investigator may
utilize an attorney or other professionals to conduct the
investigation.
In
determining whether alleged conduct constitutes discrimination or
harassment, the district will consider the surrounding
circumstances, the nature of the behavior, the relationships between
the parties involved, past incidents, the context in which the
alleged incidents occurred and all other relevant information. Whether
a particular action or incident constitutes a violation of this
policy requires a determination based on all of the facts and
surrounding circumstances. If, after investigation, school
officials determine that it is more likely than not that
discrimination, harassment or other prohibited behavior has
occurred, the district will take immediate corrective action.
Grievance Process Overview
1.
If a person designated to hear a grievance or appeal is the
subject of the grievance, the next highest step in the grievance
process will be used.
2.
Investigation and reporting deadlines are not mandatory upon
the district when more time might be necessary to adequately conduct
an investigation and to render a decision. When
extended, the person filing the complaint will be notified. If more
than twice the allotted time has expired without a response, the
appeal may be taken to the next level.
3.
Failure of the person filing the grievance to appeal within
the timelines given will be considered acceptance of the findings
and remedial action taken.
4.
The district will investigate all grievances, even if an
outside enforcing agency such as the Office for Civil Rights, law
enforcement or the CD is also investigating a complaint arising from
the same circumstances.
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5.
The district will only share information regarding an
individually identifiable student or employee with the person filing
the grievance or other persons if allowed by law and in accordance
with Board policy.
6.
Upon receiving a grievance, district administrators or
supervisors, after consultation with the compliance officer, will
take immediate action if necessary to prevent further potential
discrimination or harassment during the pending investigation.
Grievance Process
1.
Level I B A
grievance is filed with the district's compliance officer. The
compliance officer may, at his or her discretion, assign a school
principal or other appropriate supervisor to conduct the
investigation when appropriate.
Regardless of who investigates the grievance,
an investigation will commence immediately, but no later than ten
(10) working days after the compliance officer receives the
grievance. The compliance officer will
complete a written report within 30 working days of receiving the
grievance that 1) summarizes the facts; 2) makes conclusions on
whether the facts constitute a violation of this policy; and 3) if a
violation of this policy is found, recommends corrective action to
the superintendent. If someone other than the
compliance officer conducts the investigation, the compliance
officer or acting compliance officer will review and sign the
report.
The person who filed the grievance will be notified in
writing, in accordance with law and district policy, regarding
whether the policy has been violated.
2.
Level II B
Within five (5) working days after receiving the Level I decision,
the person filing the grievance may appeal the compliance officers
decision to the superintendent by notifying the superintendent in
writing.
The superintendent may, at his or her discretion, designate
another person (other than the compliance officer) to review the
matter when appropriate.
Within ten (10) working days, the
superintendent will complete a written decision on the appeal,
stating whether a violation of this policy is found and, if so,
stating what corrective actions will be implemented. If
someone other than the superintendent conducts the appeal, the
superintendent will review and sign the report before it is given to
the person appealing. A copy of the appeal and decision
will be given to the compliance officer or acting compliance
officer.
The person who filed the grievance will be notified in
writing, in accordance with law and district policy, regarding
whether the policy has been violated.
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3.
Level III B
Within five (5) working days after receiving the Level II decision,
the person filing the grievance may appeal the superintendents
decision to the Board by notifying the Board secretary in
writing.
The person filing the grievance will be allowed to address
the Board, and the Board may call for the presence of such other
persons deemed necessary. The Board will issue a decision
within 30 working days for implementation by the administration. The
Boards decision and any actions taken are final. The
Board secretary will give the compliance officer or acting
compliance officer a copy of the appeal and decision. The
person who filed the grievance will be notified in writing, in
accordance with law and district policy, regarding whether the
policy has been violated.
Confidentiality and Records
To
the extent permitted by law and in accordance with Board policy, the
district will keep confidential the identity of the person filing a
grievance and any grievance or other document that is generated or
received pertaining to grievances. Information may be disclosed if
necessary to further the investigation, appeal or resolution of a
grievance, or if necessary to carry out disciplinary measures. The
district will disclose information to the districts attorney, law
enforcement, the CD and others when necessary to enforce this policy
or when required by law. In implementing this policy, the
district will comply with state and federal laws regarding the
confidentiality of student and employee records.
Information regarding any resulting employee or student
disciplinary action will be maintained and released in the same
manner as any other disciplinary record.
* * * * * * *
|
Note: The reader is
encouraged to check the index located at the beginning of this
section for other pertinent policies and to review
administrative procedures and/or forms for related
information. |
Adopted:
April 19, 2004
Revised:
May 15, 2008
Cross Refs:
EHB, Technology Usage
GBCB, Staff Conduct
GBH, Staff/Student Relations
GBL, Personnel Records
GCD, Professional Staff Recruiting and
Hiring
GDC, Support Staff Recruiting and Hiring
IGBA, Programs for Students with
Disabilities
IGBCB, Programs for Migrant Students
IGBH, Programs for Limited English
Proficient/Language Minority Students
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IGD, District-Sponsored Extracurricular
Activities and Organizations
IICC, School Volunteers
JFCF, Hazing and Bullying
JG,
Student Discipline
KK,
Visitors to District Property/Events
Legal Refs:
Individuals with Disabilities Education Act, 20 U.S.C.
'' 1400 - 1487
Title IX of the Education Amendments of 1972,
20 U.S.C. ' 1681
Equal Pay Act, 29 U.S.C. '
206(d)
Age
Discrimination in Employment Act, 29 U.S.C. '' 621 - 634
The
Rehabilitation Act of 1973, Section 504, 29 U.S.C. ' 794
Title VI of the Civil Rights Act of 1964, 42
U.S.C. '' 2000d - 2000d-7
Title VII of the Civil Rights Act of 1964, 42
U.S.C. '' 2000e - 2000e-17
Age
Discrimination Act of 1975, 42 U.S.C. '' 6101 - 6107
Americans with Disabilities Act, 42 U.S.C.
'' 12101 - 12213
Missouri Human Rights Act, ''
213.010 - 213.137, RSMo.
Female Employees' Wages, |