File:
JB
EQUAL EDUCATIONAL
OPPORTUNITIES/
NONDISCRIMINATION
I. Policy Statement
Equal educational opportunities
shall be available for all students, without regard to race, national origin,
gender, ethnicity, religion, disability or marital or parental status.
Educational programs shall be designed to meet the varying needs of all
students.
No student, on the basis of gender,
shall be denied equal access to programs, activities, services or benefits or
be limited in the exercise of any right, privilege, advantage or denied equal
access to educational and extracurricular programs and activities.
The School Board shall:
provide facilities,
programs and activities that are accessible, usable and available to qualified
disabled persons;
provide a free,
appropriate education, including non-academic and extracurricular services to
qualified disabled persons;
not exclude qualified
disabled persons, solely on the basis of their disabilities, from any
preschool, daycare, adult education or career and technical education programs;
and
not discriminate
against qualified disabled persons in the provision of health, welfare or
social services.
II. Complaint
Procedure
A. File Report
Any student who
believes he or she has been the victim of prohibited discrimination should
report the alleged discrimination as soon as possible to one of the compliance
officers designated in this policy or to any other school personnel. The
alleged discrimination should be reported as soon as possible, and the report
generally should be made within fifteen (15) school days of the
occurrence. Further, any student who has
knowledge of conduct which may constitute prohibited discrimination should
report such conduct to one of the compliance officers designated in this policy
or to any school personnel. Any employee
who has knowledge of conduct which may constitute prohibited discrimination
shall immediately report such conduct to one of the compliance officers
designated in this policy.
The reporting party
should use the form, Report of Discrimination, JB-F, to make complaints of
discrimination. However, oral reports
shall also be accepted. The complaint
should be filed with either the building principal or one of the compliance officers
designated in this policy. The principal
shall immediately forward any report of alleged prohibited discrimination to
the compliance officer. Any complaint
that involves the compliance officer shall be reported to the superintendent.
The complaint and identity of the
complainant and of the person or persons allegedly responsible for the
discrimination will not be disclosed except as required by law or policy, as
necessary to fully investigate the complaint or as authorized by the
complainant. A complainant who wishes to remain anonymous will be advised that
such confidentiality may limit the school division’s ability to fully respond
to the complaint.
B. Investigation
Upon receipt of a report
of alleged prohibited discrimination, the compliance officer shall immediately
authorize or undertake an investigation.
The investigation may be conducted by school personnel or a third party
designated by the school division. The investigation shall be completed as soon
as practicable, which should generally be not later than 14 calendar days after
receipt of the report by the compliance officer. Upon receiving the complaint,
the compliance officer shall acknowledge receipt of the complaint by giving
written notice that the complaint has been received to both the person
complaining of discrimination and the person or persons allegedly responsible
for the discrimination. Also upon
receiving the complaint, the compliance officer shall determine whether interim
measures should be taken pending the outcome of the investigation. If the
compliance officer determines that more than 14 days will be required to
investigate the complaint, the complainant and the person or persons allegedly
responsible for the discrimination will be notified of the reason for the
extended investigation and of the date by which the investigation will be
concluded.
The
investigation may consist of personal interviews with the complainant, the
person or persons allegedly responsible for the discrimination, and any others
who may have knowledge of the alleged discrimination or the circumstances
giving rise to the complaint. The
investigation may also include the inspection of any documents or information
deemed relevant by the investigator. The school division shall take necessary
steps to protect the complainant and others pending the completion of the
investigation.
Whether
a particular action or incident constitutes a violation of this policy requires
a case by case determination based on all of the facts and circumstances
revealed by a complete and thorough investigation.
The
compliance officer shall issue a written report to the superintendent upon
completion of the investigation. If the
complaint involves the superintendent, then the report shall be sent to the
School Board. The report shall include a
determination of whether the allegations are substantiated, whether this policy
was violated and recommendations for corrective action, if any.
All employees shall
cooperate with any investigation of alleged discrimination conducted under this
policy or by an appropriate state or federal agency.
C. Action by Superintendent
Within
5 calendar days of receiving the compliance officer’s report, the
superintendent or designee shall issue a decision regarding (1) whether this
policy was violated and (2) what action, if any, should be taken. This decision must be provided in writing to
the complainant. If the superintendent
determines that prohibited discrimination occurred, the Buena Vista City School
Division shall take prompt, appropriate action to address and remedy the violation
as well as prevent any recurrence. Such
action may include discipline up to and including expulsion or discharge.
D. Appeal
If
the superintendent or designee determines that no prohibited discrimination
occurred, the student who was allegedly subjected to discrimination may appeal
this finding to the School Board within 5 calendar days of receiving the
decision. Notice of appeal must be filed
with the superintendent who shall forward the record to the School Board. The School Board shall make a decision within
30 calendar days of receiving the record.
The School Board may ask for oral or written argument from the aggrieved
party and the superintendent and any other individual the School Board deems
relevant.
If the
Superintendent or designee determines that prohibited discrimination occurred
and discipline is imposed, the disciplined person may appeal the disciplinary
sanction in the same manner as any other such sanction would be appealed.
E. Compliance Officer and
Alternate Compliance Officer
The
Buena Vista City School Board has
designated THE DIRECTOR OF INSTRUCTION [2329 CHESTNUT AVENUE, SUITE A, BUENA VISTA, 540-261-2129] as the Compliance Officer responsible for identifying, preventing
and remedying prohibited discrimination.
Complaints of discrimination may also be made to the Alternate
Compliance Officer PERSONNEL MANAGER [SAME ADDRESS AND PHONE]. Note: this individual must be of the opposite
gender of the Compliance Officer. The
Compliance Officer shall:
receive reports or
complaints of discrimination;
oversee the
investigation of any alleged discrimination;
assess the training
needs of the school division in connection with this policy;
arrange necessary
training to achieve compliance with this policy;
insure that any
discrimination investigation is conducted by an impartial investigator who is
trained in the requirements of equal education opportunity, and has the
authority to protect the alleged victim and others during the investigation.
III.
Retaliation
Retaliation
against students or school personnel who report discrimination or participate
in the related proceedings is prohibited.
The school division shall take appropriate action against any student or
employee who retaliates against another student or employee who reports alleged
discrimination or participates in related proceedings.
IV.
Right to Alternative Complaint Procedure
Nothing
in this policy shall deny the right of any individual to pursue other avenues
of recourse to address concerns relating to prohibited discrimination including
initiating civil action, filing a complaint with outside agencies or seeking
redress under state or federal law.
V. Prevention and Notice of Policy
Training
to prevent discrimination should be included in employee and student orientations
as well as employee in-service training.
This
policy shall be (1) displayed in prominent areas of each division building in a
location accessible to students, parents and school personnel, (2) included in
the student and employee handbooks; and (3) sent to parents of all students
within 30 calendar days of the start of school.
All students and their parents/guardians shall be notified annually of
the names and contact information of the compliance officers.
VI.
False Charges
Students
or school personnel who make false charges of discrimination shall be subject
to disciplinary action.
Adopted: 04/26/04, 09/28/06
_____________________________________________________________________
_____________________________________________________________________
Legal
Refs: 20 U.S.C. sections
1681-1688.
29 U.S.C. sections 794.
42
U.S.C. sections 2000d-2000d-7.
34 CFR part 106.
Cross
Refs: AC Nondiscrimination
JFHA/GBA Sexual Harassment/Harassment Based
on Race, National Origin, Disability and Religion
©
2/04 VSBA