4118.11

4218.11

Personnel - Certified and Non-Certified

Nondiscrimination

The Preston Board of Education is an equal opportunity employer. The board does not discriminate on the basis of race, color, religious creed, age, marital status, national origin, ancestry, sex, sexual orientation, past or present history of mental disorder, mental retardation, learning disability, physical disability (including blindness), or other disability (except in the case of a bona fide occupational qualification or need) among applicants for employment, provided that the individual can perform the essential functions of the job with or without reasonable accommodations.

Equal Education Opportunity

Pursuant to the IDEA, Americans With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973, no otherwise qualified individual with handicaps shall, solely by reason of such handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program of the Board of Education.

Every student has the right to participate fully in classroom instruction and extracurricular activities which shall not be abridged or impaired because of age, sex, sexual orientation, race, religion, national origin, pregnancy, parenthood, marriage, or for any reason not related to his/her individual capabilities.

The Superintendent of Schools or designated Civil Rights Coordinator shall monitor compliance with this policy. Further compliance with policy is a responsibility of all district administrators in accordance with the procedures set forth in attached regulations.

Students shall not be discriminated against, including but not limited to, in:

A.  Admission

B.  Use of school facilities

C.  Vocational education

D.  Equal Education Opportunity

E.  Competitive athletics

F.  Student rules, regulations and benefits

G.  Financial assistance

H.  School sponsored extracurricular activities

I.  Course enrollments

J.  Counseling and guidance

K.  Physical education

L.  Graduation requirements

M.  Treatment of married and/or pregnant students

N.  Health services

O. Other aid, benefits, or services

Employees/applicants shall not be discriminated against, including but not limited to, in:

P.  Hiring and promotion

Q.  Compensation

R.  Job assignments

S.  Leaves of absence

T.  Fringe benefits

U.  Labor organization

V.  Contracts or professional agreements

Sexual harassment has been established as a form of sexual discrimination and is defined as follows: "Any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, when (1) submission to such conduct is made either explicitly or implicitly a -lean or condition of employment or participation in an educational function (2) submission or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting the individual or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work or educational performance or creating an intimidating, hostile or offensive working environment."

Examples of specific behaviors (that are unwanted and sexual in nature) that could constitute sexual harassment include, but are not limited to:

A.  Attempted rape/rape

B.  Inappropriate touching

C.  Sexual name calling Sexual rumors

D.  Display of unwanted affections

E.  Overly personal conversation

F.  Corner/blocking

G.  Harassing telephone calls

H.  Inappropriate gestures

I.  Leers

J.  Sexually explicit jokes/cartoons/pictures

K.  Sexually explicit comments

If an employee believes that he or she has been discriminated against in regard to either of the preceding policies, a grievance may be filed charging that the employee's personal rights have been denied or violated.

Employees wishing to discuss these regulations or rights under this policy, or wish to discuss or file a grievance, should contact the district's Civil Rights Coordinator/s or any administrator.

Forms are available in guidance offices or from the Civil Rights Coordinator/s. Contact with the Civil Rights Coordinator/s should take place within forty (40) calendar days of the alleged occurrence.

Complaints of discrimination will be reported to the U.S. Depaitment of Agriculture for resolution using the USDA's Program Discrimination Complaint Form."

Legal Reference: Civil Rights Act of 1964, Title VII, 42 U.S.C. 2000-e2(a).

Equal Employment Opportunity Commission Policy Guidance (N915.035) on Current Issues of Sexual Harassment, effective 10/15/88.

Title IX of the Education Amendments of 1972, 34 CFR Section 106. Meritor Savings Bank. FSB v. Vinson, 477 U.S. 57 (1986) Connecticut General Statutes

46a-60 Discriminatory employment practices prohibited.

Constitution of the State of Connecticut, Article I, Section 20. 7 CFR Part 15

Policy adopted: 05/9/16

Personnel - Certified and Non-Certified

Grievance Procedure

The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to problems which may arise concerning claims of discrimination. Evidence of reprisal against a complainant or witness shall be viewed as a violation of this policy.

Any person who wishes to inquire or to register a complaint concerning alleged discrimination in the Public Schools shall have an opportunity to bring such concerns to the attention of the Civil Rights Officers or Superintendent, who has the authority to resolve such complaints. The following grievance procedure shall be utilized by any student, parent or employee in making a complaint or inquiry. Officials shall be governed by this procedure.

Level I:  The complainant shall discuss the alleged discriminatory act or practice with the Civil Rights Officers or the individual closest to the daily decision-making level. This will normally be a principal, teacher, counselor, department chairperson, head custodian, or cafeteria manager. If satisfaction cannot be achieved through informal discussion, the following procedure must be initiated.

Level    The complainant shall, within forty (40) calendar days of the alleged incident, on forms provided, put the complaint in writing and file it with either of the Civil Rights Officers. Within five (5) working days a conference must be held. Within five (5) working days following the conference, the complaint must be resolved to the satisfaction of both parties or referred to the Superintendent of Schools. Within five (5) working days, the Civil Rights Officer shall notify the Superintendent and must notify the complainant of this notification. The Board will be apprised by the Superintendent of any grievance reaching Level II.

Level III:  Within ten (10) working days after receipt of such complaint, the Superintendent must hold a hearing; and within five (5) working days of the hearing, resolve the complaint, negotiate a long-term solution or refer the matter to the Board of Education for consideration.

Level IV: The Board of Education, Superintendent and the Civil Rights Officers shall proceed in accordance with appropriate laws or regulations.

Regulation approved: 5-9-16

Form

   Discrimination Grievance Form

Any student, parent/guardian, employee or employment applicant who feels that he/she has been discriminated against on the basis of race, color, age, national origin, sex or handicap may discuss and/or file a grievance with either of the Civil Rights Coordinators of the Public Schools. Reporting should take place within 40 calendar days of the alleged discrimination.

Civil Rights Coordinators: _________________________________

Name of Presenter/Complainant: ____________________________

Circle One:  Employee Employment Applicant Student Parent/Guardian

Home address: __________________________________________

Telephone: _____________________________________________

Date of Claim _______________ Date of Incident _______________

1.  Statement of Incident/Issue (include all pertinent information: who, how, where, when, how often, feelings, witness).

2.  Please attach any additional information/documentation as necessary.

Signature of Presenter: ______________________________________

Signature of Civil Rights Coordinator: ___________________________

Date Received: _____________________

Forms are available from Civil Rights Coordinators', Administrators' and Guidance Offices.