0521 0521Mission Goals Objectives
Nondiscrimination
The District shall promote nondiscrimination and an environment free of harassment based on an individual's race, color, religion, sex, sexual orientation, gender identity/expression, national origin, ancestry, disability, (including, but not limited to, intellectual disability, past or present history of mental disorder, physical disability or learning disability), genetic information, marital status or age or because of the race, color, religion, sex, sexual orientation, gender identity or expression, national origin, disability, genetic information, marital status or age of any other persons with whom the individual associates or status as a Veteran. The District provides equal access to the Boy Scouts and other designated youth groups.
In keeping with requirements of federal and state law, the District strives to remove any vestige of discrimination in employment, assignment and promotion of personnel; in educational opportunities and services offered to students; in student assignment to schools and classes; in student discipline; in location and use of facilities; in educational offerings and materials; in accommodating the public at public meetings; as well as the District website.
The Board encourages staff to improve human relationships within the schools and to establish channels through which citizens can communicate their concerns to the administration and the Board.
The Superintendent shall appoint and make known the individuals to contact on issues concerning the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1974, Title VI, Title VII, Title IX and other civil rights or discrimination issues. The Board will adopt and the District will publish grievance procedures providing for prompt and equitable resolution of student and employee complaints.
Federal civil rights laws prohibit discrimination against an individual because he/she has opposed any discrimination act or practice or because that person has filed a charge, testified, assisted or participated in an investigation, proceeding or hearing. ADA further prohibits anyone from coercing, intimidating, threatening or interfering with an individual for exercising the rights guaranteed under the Act.
(cf. 4000.1 - Title IX)
(cf. 4111 - Recruitment and Selection)
(cf. 4111.1/4211.1 - Affirmative Action)
(cf. 4118.11/4218.11 - Nondiscrimination)
(cf. 4118.112/4218.112 - Sex Discrimination and Sexual Harassment in the Workplace)
(cf. 4118.113/4218.113 - Harassment)
(cf. 5145.4 - Nondiscrimination)
(cf. 5145.5 - Sexual Harassment)
(cf. 5145.51 - Peer Sexual Harassment)
(cf. 5145.52 - Harassment)
(cf. 5145.6 - Student Grievance Procedure)
(cf. 6121 - Nondiscrimination)
(cf. 6121.1 - Equal Educational Opportunity)
Legal Reference: Title VII, Civil Rights Act, 42 U.S.C. 2000e, et seq.
29 CFR 1604.11, EEOC Guidelines on Sex Discrimination.
Title IX of the Educational Amendments of 1972, 20 U.S.C. 1681 et seq.
Title IX Final Rule, May 6, 2020
Age Discrimination in Education Act, 29 U.S.C. §621
Americans with Disabilities Act, 42 U.S.C. §12101
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794
Title II of the Genetic Information Act of 2008
Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d et. Seq.
34 CFR Section 106.8(b), OCR Guidelines for Title IX.
Definitions, OCR Guidelines on Sexual Harassment, Fed. Reg. Vol 62, #49, 29 CFR Sec. 1606.8 (a0 62 Fed Reg. 12033 (March 13, 1997) and 66 Fed. Reg. 5512 (January 19, 2001)
20 U.S.C. 7905 (Boy Scouts of America Equal Access Act
Meritor Savings Bank. FSB v. Vinson, 477 U.S. 57 (1986)
Faragher v. City of Boca Raton, No. 97-282 (U.S. Supreme Court, June 26,1998)
Gebbser v. Lago Vista Indiana School District, No. 99-1866, (U.S. Supreme Court, June 26,1998)
Davis v. Monro County Board of Education, No. 97-843, (U.S. Supreme Court, May 24, 1999.)
The Vietnam Era Veteran's Readjustment Act of 1974, as amended, 38 U.S.C. §4212
Title II of the Genetic Information Nondiscrimination Act of 2008
Connecticut General Statutes
46a-51 Definitions
46a-58 Deprivation of rights. Desecration of property. Placing of burning cross or noose on property. Penalty. (as amended by PA 17-127)
46a 60 Discriminatory employment practices prohibited.
46a-81a Discrimination on basis of sexual orientation: Definition
10-15c Discrimination in public schools prohibited. School attendance by five-year olds. (Amended by P.A. 97-247 to include "sexual orientation" and P.A. 11-55 to include "gender identity or expression")
10 153 Discrimination on account of marital status.
17a-101 Protection of children from abuse.
P.A. 17-127, An Act Concerning Discriminatory Practices Against Veterans, leaves of Absence for National Guard Members⃛
Public Law 111-256
Meacham v. Knolls Atomic Power Laboratory 128 S.Ct. 2395, 76 U.S.L.W. 4488 (2008)
Federal Express Corporation v. Holowecki 128 S.Ct. 1147, 76 U.S.L.W. 4110 (2008)
Kentucky Retirement Systems v. EEOC 128 S.Ct. 2361, 76 U.S.L.W. 4503 (2008)
Sprint/United Management Co. v. Mendelsohn 128 S.Ct. 1140, 76 U.S.L.W. 4107 (2008)
Bostock v. Clayton County, Georgia, 140 S.Ct. 1731, 2020 WL3146686 (June 15, 2020)
Policy adopted:
R0521
Mission-Goals-Objectives
Nondiscrimination
Grievance Procedure for Section 504 and Title VII Regulations
The Board of Education does not knowingly condone discrimination on the basis of an individual's race, color, religion, sex, sexual orientation, gender identity/expression, national origin, ancestry, disability, (including, but not limited to, intellectual disability, past or present history of mental disorder, physical disability or learning disability), genetic information, marital status or age or because of the race, color, religion, sex, sexual orientation, gender identity or expression, national origin, disability, genetic information, marital status, status as a Veteran or age of any other persons with whom the individual associates in admission or access to, or treatment, or employment in its programs or activities.
Inquiries regarding compliance, including receipt and investigation of any complaint alleging non-compliance may be directed to the Superintendent of Schools, or in the Superintendent's absence, the Supervisor of Special Services.
Definitions
A "grievance" is a complaint by an employee, or group of employees, or a student or group of students based upon an alleged violation of the provisions of Section 504, or Title VII.
The term "employee" is considered to apply to any employee of the Nutmeg Board of Education. The term "student" is considered to apply to any student enrolled in the Nutmeg Public Schools. The term "teacher" is considered to apply to any teacher employed by the Nutmeg Board of Education. The "teacher", "employee", or "student" may include a group of teachers or a group of employees or a group of students who are similarly affected by a grievance.
An "aggrieved person" is the person or persons making the claim.
The term "days", when used in this article, shall, except when otherwise indicated, mean working days.
Purpose
The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may arise under the provisions of Section 504, or Title VII.
The parties agree that these proceedings shall be kept as informal and confidential as may be appropriate at any level of the procedure.
Nothing herein contained shall be construed as limiting the right of the complainant having a problem to discuss the matter informally with any appropriate member of the administration.
Any complainant shall have the right at any time to present any grievance to such persons and through such channels as are designated for that purpose in this article.
Time Limits
Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum, and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement in writing.
If a complainant does not file a grievance in writing as provided herein within 30 days after the aggrieved person knew or should have known of the act or condition on which the grievance is based, then the grievance shall be considered waived.
Informal Procedure
Any student, employee or applicant to a program who feels that he/she has been discriminated against on the basis of race, color, national origin, sex, sexual orientation or handicap shall contact the building Principal/supervisor within 30 days of the alleged occurrence to discuss the nature of the complaint.
The Principal/supervisor shall maintain a written record which shall contain the following:
1. Full name and address of complainant.
2. Full name and position of person(s) who allegedly discriminated against the complainant.
3. A concise statement of the facts constituting the alleged discrimination.
4. Dates of the alleged discrimination.
At the time the alleged discrimination complaint is filed, Principal/supervisor shall review and explain the grievance procedures with the complainant and answer any questions. An investigation of the complaint shall begin as soon as practical, but in no case, more than ten (10) working days from the time the complaint was received. Within this time limit, the Principal/supervisor shall meet informally with the complainant and the individual(s) against whom the complaint was lodged and shall provide confidential counseling where advisable and shall finally seek an informal agreement between the parties concerned. Every attempt shall be made to seek a solution and resolve the alleged discrimination complaint at this level.
If the complainant is not satisfied with these initial informal procedures, within twenty (20) school days from the date of the original discussion with the principal/supervisor, more formal procedures may be initiated by the complainant to further explore and resolve the problem.
Formal Procedure
1. Level One - School Principal
If a complainant is not satisfied with the disposition of the problem through informal procedures, he/she may submit his/her claim as a formal grievance in writing to the Principal.
The Principal shall within five (5) days render a decision and the reasons therefore in writing to the complainant, with a copy to the Superintendent of Schools.
2. Level Two - Superintendent of Schools
If the complainant is not satisfied with the disposition of his/her grievance at Level One, or if no decision has been rendered within five (5) days after presentation of the grievance in writing, the complainant may file a written appeal for a hearing by the Superintendent of Schools within five (5) days.
The Superintendent of Schools shall represent the administration at Level Two of the grievance procedure. Within ten (10) days after receipt of the written appeal for a hearing by the Superintendent, the Superintendent shall meet with the complainant for the purpose of resolving the grievance. A full record of such hearing shall be kept by the Superintendent. The Superintendent shall within three (3) days of the hearing render the decision and the reasons therefore in writing to the complainant.
3. Level Three - Board of Education
If the complainant is not satisfied with the disposition of the grievance at Level Two, or if no decision has been rendered within three (3) days after first meeting with the Superintendent, the person may file the grievance again with the Board of Education within five (5) days.
Within fifteen (15) days after receiving the written appeal, the Board shall meet with the complainant for the purpose of resolving the grievance. The decision of the Board shall be rendered in writing within three (3) days.
General Provisions
Decisions rendered at all levels of the formal grievance shall be in writing setting forth the decision and the reasons therefore.
All documents, communications and records dealing with the processing of a grievance shall be filed separately from the existing files of the participants.
Any person may also file a complaint of illegal discrimination with the Office for Civil Rights, Washington, D.C., at the same time he/she files the grievance during or after use of the grievance process, or without using the grievance process at all. If a complaint is filed with the Office for Civil Rights, it must be filed in writing no later than 180 days after the occurrence of the possible discrimination.
The ______________________________ is the Title VII, and Section 504 Coordinator and may be contacted at _____________________________________________.
Regulation approved: