0100-R Equal Opportunity and Nondiscrimination Regulation

Prohibited Conduct

All District employees and students have the right to work and go to school in an environment that is free from all forms of unlawful discrimination based on actual or perceived race, color, national origin, creed, age, disability, pregnancy, pregnancy-related condition, ethnic group/ethnicity, weight, religion, religious practice, gender, sex, gender identity, gender expression, transgender status, gender dysphoria, sexual orientation, marital status, familial status, military or veteran status, genetic information, predisposing genetic characteristics, domestic violence victim status, use of a guide dog, hearing dog or service dog or any other characteristic or basis protected by applicable law.  

The Board is committed to providing an educational and working environment that promotes respect, dignity and equality and that is free from all forms of unlawful discrimination.  To this end, the Board condemns and strictly prohibits all forms of illegal discrimination on school grounds, school buses and at all school-sponsored or employment-related activities, programs and events, including those that take place at locations off-school premises. 

The procedures set forth in this regulation do not supersede any protection provided to complainants pursuant to existing State or federal law.

Definitions 

1. Discrimination is the act of denying rights, benefits, justice, equitable treatment or access to facilities available to all others to an individual or group of people because of any characteristic or basis protected by applicable law or this regulation.   
   
   In the employment context, discrimination includes treating or allowing similarly situated employees or applicants for employment to be treated differently with respect to hiring, firing, promotion or any other term or condition of employment because of any characteristic or basis protected by applicable law or this regulation.   
   
   The District’s prohibition of discrimination extends to conduct by school employees, officers, board members, volunteers, students and non-employees such as agents, contractors and vendors, which occurs on school grounds or at school-sponsored events, programs or activities, including those that take place at locations off of school premises or in another state.  
   
   Discriminatory behavior may be based on any characteristic or basis protected by applicable law or this regulation including, but not limited to, a person’s actual or perceived: 
   • race,
   • color,
   • national origin,
   • creed,
   • age,
   • disability,
   • pregnancy,
   • pregnancy-related condition,
   • ethnic group/ethnicity,
   • weight,
   • religion,
   • religious practice,
   • gender,
   • sex,
   • gender identity (defined as one’s self-conception as being male or female, as distinguished from actual biological sex or sex assigned at birth),
   • gender expression (defined as the manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyles, activities, voice or mannerisms),
   • transgender status,
   • gender dysphoria (defined as anxiety and/or discomfort regarding one’s sex assigned at birth),
   • sexual orientation,
   • marital status,
   • familial status,
   • military or veteran status,
   • genetic information,
   • predisposing genetic characteristics (defined as any inherited gene or chromosome, or alteration thereof, and determined by a genetic test or inferred from information derived from an individual or family member that is scientifically or medically believed to predispose an individual or the offspring of that individual to a disease or disability, or to be associated with a statistically significant increased risk of development of a physical or mental disease or disability),
   • domestic violence victim status, or
   • use of a guide dog, hearing dog or service dog
      
2. Complainant means an applicant, employee, student or vendor who alleges that (s)he has been subjected to discrimination that may be a violation of this policy and/or federal or State law or associated regulations, which has affected him/her.
    
3. Complaint means any alleged act of discrimination that may be a violation of policy 0100 and this regulation and/or federal or State law or associated regulations.
    
4. Compliance Officer means the employee(s) designated by the Board of Education to coordinate efforts to comply with and carry out the District’s responsibilities pursuant to applicable law. The Director of Special Services has been designated as the District’s Section 504 of the Rehabilitation Act of 1973 (“Section 504”)/Americans with Disabilities Act (“ADA”) Coordinator and, therefore, handles inquiries and complaints regarding unlawful discrimination or harassment based upon disability. The Assistant Superintendent for Secondary Education, Programs and Policy, the Assistant Superintendent for Elementary Education and the Payroll Manager have been designated as the District’s Compliance Officers to handle inquiries and complaints regarding any other form of discrimination or harassment, including complaints of violations of Title IX of the Educational Amendments of 1972 (“Title IX”).

Complaint Procedure

Any employee, student or applicant for employment who believes that he or she has been subjected to prohibited discrimination by a student, District employee or third party related to the District or who has witnessed anyone engaging in prohibited discrimination should report the alleged act to their Immediate Supervisor, Building Principal or designated Compliance Officer. 

If the person to whom a report is to be made is the accused or if the individual making the report is otherwise hesitant to bring the matter to the attention of his or her Immediate Supervisor, Building Principal or Compliance Officer, a report can be made to the Superintendent of Schools.  If the complaint involves the Superintendent of Schools or a Board of Education member, the complaint should be filed with the Board President.  If the complaint involves the Board President, then it should be filed with the Superintendent or the School Attorney.   

Individuals are encouraged to submit the complaint in writing; however, complaints may be filed verbally.

In order to assist investigators, complainants should document the alleged discrimination in writing and, preferably, complete the District’s complaint form, as soon as it occurs and with as much detail as possible, including the following:  the nature of the alleged discrimination; dates, times and places that the alleged discrimination occurred; the name of the accused and any witnesses; and the complainant’s response to the discrimination. 

Any school employee who receives a complaint of discrimination from a student will inform the student of the employee’s obligation to report the complaint to the school administration, and then must immediately notify the Building Principal or the designated Compliance Officer.

 

Confidentiality

All information disclosed during the course of the investigation and any subsequent proceedings, if any, will be kept confidential to the extent possible.  However, because an individual's need for confidentiality must be balanced with the District's legal obligation to provide due process to the accused, to conduct a thorough investigation, and to take necessary action to resolve the complaint, the District retains the right to disclose this information, such as the identity of the complainant, the accused and any witnesses, in appropriate circumstances to individuals with a need to know. The staff member responsible for investigating complaints will discuss confidentiality standards and concerns with all complainants.  

 

 

If a complainant requests that his/her name not be revealed to the individual(s) against whom a complaint is filed, the staff member responsible for conducting the investigation will inform the complainant that:

 

1.  The request may limit the District's ability to respond to his/her complaint;
    
2. District policy and federal law prohibit retaliation against complainants and witnesses;
    
3. The District will attempt to prevent any retaliation; and  
    
4. The District will take strong responsive action if retaliation occurs.

 

If the complainant still requests confidentiality after being given the notice above, the investigator will take all reasonable steps to investigate and respond to the complaint consistent with the request as long as doing so does not preclude the District from responding effectively to the alleged discrimination. 

 

Investigation and Resolution Procedure

The investigation and resolution of complaints alleging illegal discrimination will be dealt with in the following prompt, thorough and impartial manner. 

 

1. Stage 1 --Initial (Building-level) Procedure

The Immediate Supervisor, Building Principal or designated Compliance Officer will conduct a preliminary review upon receipt of a verbal or written complaint of discrimination or if he/she observes discrimination.  Except in the case of severe or criminal conduct, the investigator should make all reasonable efforts to resolve complaints informally at the school level. The Superintendent of School shall be immediately informed of all discrimination complaints. The accused should not have supervisory authority over the investigator and should not have any direct or indirect control over the investigation.  

As soon as possible, the Immediate Supervisor, Building Principal or designated Compliance Officer will first determine whether the complaint alleges prohibited discrimination.  If it does, then he/she or a designated third party will begin an investigation of the complaint in accordance with the following steps: 

1. Interview the complainant. Ask the complainant specifically what action he/she wants taken in order to resolve the complaint. Refer the complainant, as appropriate, to school social workers, school psychologists, crisis team managers, other school staff, or appropriate outside agencies for counseling services.  

2. Review all documentation and information relevant to the complaint.  

3. Review any written documentation of the alleged discrimination prepared by the complainant.  If the complainant has not prepared written documentation, request that he/she do so, providing alternative formats for individuals with disabilities and young children who may have difficulty writing and need accommodation.  

4. Where appropriate, interview any witnesses to the complaint. Where appropriate, obtain a written statement from each witness. Caution each witness to keep the complaint and his/her statement confidential.  

5. Interview the accused and inform him/her that if the objectionable conduct has occurred, it must cease immediately.  Provide the accused with an opportunity to respond to the allegations verbally or in writing.  Instruct the accused to not retaliate against the complainant.  Warn the accused that if he/she retaliates against the complainant he/she may be subject to immediate disciplinary action.  

6. Where appropriate, suggest mediation as a potential means of resolving the complaint. In addition to mediation, use appropriate informal methods to resolve the complaint including, but not limited to, the following: 

   1. Discussion with the accused, informing him/her of the Board’s policies and indicating that the behavior must stop; 
   2. Suggesting counseling and/or sensitivity training;
   3. Conducting training for the department or school in which the behavior occurred, calling attention to the consequences of engaging in such behavior;
   4. Conducting training for the department or school in which the behavior occurred, calling attention to the consequences of engaging in such behavior;
   5. Writing letters of caution or reprimand; and/or
   6. Separating the parties
       
7. Where appropriate, parents/guardians of student complainants and accused students will be notified within one (1) school day of the District’s receipt of the written or verbal complaint.
    
8. The investigator will submit a copy of all investigation and interview documentation to the Superintendent.
    
9. Within 30 days of the District’s receipt of the complaint, the investigator will report back to the complainant and the accused notifying them in writing of the outcome of the building-level investigation and instructing the complainant to contact the investigator immediately if the objectionable behavior occurs again or if the accused retaliates against him/her. If additional time is needed to complete the investigation, the investigator will notify both the complainant and the accused of the additional time needed.

If the initial (building-level) investigation results in a determination that discrimination did occur, the investigator will promptly notify the Superintendent, who will then take prompt remedial and/or disciplinary action in accordance with federal and State law, Board policy or the applicable collective bargaining agreement.

Any party who is not satisfied with the outcome of the initial (building-level) investigation may request a District-level investigation by submitting a written complaint to the Superintendent of Schools within 30 days.

1. Stage 2 - District-Level Procedure

The Superintendent will promptly review all discrimination complaints that are referred to him/her, as well as those appealed to the Superintendent following an initial investigation.  In the event that the complaint involves the Superintendent or a Board of Education member, the complaint should be filed with or referred to the Board President, who will refer the complaint to a trained investigator not employed by the District for investigation.  If the complaint involves the Board President, it should be filed with or referred to the Superintendent or the District’s attorney.  

The Superintendent may, where appropriate, designate a Compliance officer who did not conduct the initial investigation or a third party to investigate the complaint or to assist with the investigation.  The accused may not have supervisory authority over the investigator and may not have direct or indirect control over the investigation. 

The District-level investigation should begin as soon as possible.  No later than 30 days following receipt of the complaint, the Superintendent or his/her designee will notify the complainant and the accused, in writing, of the outcome of the investigation (or, if more time is needed to complete the investigation, of the need for additional time).

If a District-level investigation results in a determination that discrimination did occur, prompt and appropriate corrective action will be taken to end the prohibited conduct.  Where appropriate, District investigators may suggest mediation as a means of exploring options of corrective action and informally resolving the complaint. 

Additional Rights

The complainant and the accused both have the right to be represented by a person of their choice, at their own expense, during all discrimination investigations and hearings.  Complainants have the right to register complaints of discrimination with the federal U.S. Department of Education’s Office of Civil Rights. Employee complainants also have the right to register complaints with the federal Equal Employment Opportunity Commission and/or the New York State Division of Human Rights.

Nothing in these regulations will be construed to limit the right of the complainant to file a lawsuit, criminal complaint or police report.

Interim Measures During the Investigation

If the complainant reports that he/she feels unsafe at school or work due to the nature of the complaint, the District will determine if accommodations need to be made until the issue is resolved.  Examples may include schedule changes so as to avoid contact between the parties.

Retaliation is Prohibited 

Retaliation occurs when an employer takes a materially adverse action because an applicant or employee asserts rights protected by applicable law.  The District will not tolerate, and will not itself take, any form of retaliatory action against any employee, student or applicant for employment who makes a complaint or who utilizes or participates in an investigation or the complaint procedure, even if the underlying discrimination allegation is unsuccessful.  Any employee or applicant for employment who is concerned about retaliation should review Board Policy No. 0116, Policy Against Retaliation, which includes a complaint and investigation procedure for resolving concerns about retaliation in the workplace.

Discipline/Penalties

If a District-level investigation results in a determination that discrimination did occur, prompt and appropriate corrective action will be taken to end the prohibited conduct.  Where appropriate, District investigators may suggest mediation as a means of exploring options of corrective action and informally resolving the complaint. 

If, after appropriate investigation, the District finds that a student, employee or third party has violated the District’s policy against discrimination, prompt and appropriate corrective action will be taken in accordance with applicable State and federal laws and regulations, Board policy and applicable contractual mandates.  Disciplinary measures available to school authorities include, but are not limited to, the following:

1. Students:  Discipline may range from a reprimand up to and including suspension or expulsion from school, to be imposed consistent with Board policy and regulations and applicable law.
    
2. Employees:  Discipline may range from a warning up to and including termination, to be imposed consistent with applicable law and contractual rights.
    
3. Volunteers:  Penalties may range from a warning up to and including loss of volunteer assignment.  
    
4. Vendors:  Penalties may range from a warning up to and including loss of District business.
    
5. Other individuals:  Penalties may range from a warning up to and including a denial of future access to District property.

False or bad faith statements will be considered when determining, among other things, credibility, procedural matters and whether a claim has merit.  Employees who oppose any practice made lawful pursuant to applicable law must do so in a reasonable manner, based on a reasonably good faith belief that the conduct opposed is unlawful or could become unlawful. In the event that the employee fails to do so, appropriate steps will be taken, which may include disciplinary action up to and including termination of employment.

Dissemination and Training

This policy and regulation will be available on the District’s website and will be published annually in appropriate school publications.  Additionally, students and employees will be informed of this policy and regulation by other appropriate means.  All new employees will receive information about this policy and regulation at new employee orientations.  All other employees will be provided information at least once a year regarding this policy and regulation and the District’s commitment to a discrimination-free learning and working environment.  

Staff members with specific responsibilities for investigating and resolving complaints of discrimination will receive yearly training on this policy and regulation.  

Building principals and program directors will be responsible for informing students and staff of the terms of this policy and regulation, including the procedures established for investigating and resolving complaints.

 

Approved by the Board of Education: 7/13/06
Revision Approved by the Board of Education: 12/14/17 

 

Download the Equal Opportunity and Nondiscrimination Regulation PDF