Nondiscrimination & Title IX

In affirming that there shall be no discrimination, harassment, or violence against anyone in the school system, the Board of Education intends this regulation to define what constitutes a violation of the Board's nondiscrimination policy and to provide processes to prohibit discrimination, harassment, and violence. This regulation is further intended to delineate procedures to resolve conflicts that arise and to ensure accountability.

Introduction

1. It is recognized that discrimination or harassment complaints may arise from a variety of situations and circumstances. Students and adults are encouraged to report concerns of discrimination, whether actual or perceived, so that they may be investigated and resolved, either through discipline or education.
2. It is the intent of these procedures to assure that discrimination or harassment complaints are resolved in a timely, orderly, and equitable manner that serves to fulfill the intent of the Board policy against discrimination. All administrators are required to make a conscientious effort to fully understand the nature and basis of any discrimination or harassment complaint and resolve it or refer it to the appropriate source for resolution in a timely manner.
3. The filing of a discrimination or harassment complaint will not be used as a basis for actions that adversely affect any party's standing in the school system.
4. The School District will support teachers and administrators in promoting high standards of academic scholarship in a safe, non-threatening environment that respects the potential of each student without regard for individual differences. Students will have an opportunity to participate in discussions advocating nondiscrimination. Staff development aimed at the elimination of harassment and discrimination will be provided to all employees in the School District.
5. Support services, such as school counseling, and the nondiscrimination school liaison are available for students who experience discrimination or harassment.

 

Definitions

1. Harassment

Behavior toward students or adults based, in whole or in part, on race, ethnicity, national origin, gender, sexual orientation, age, disability, or religion which interferes with a person's school performance or creates an intimidating, hostile, or offensive school environment. 

2. Sexual Harassment

Verbal, visual, or physical sexual or gender-based behavior that occurs when one person has formal or informal power over the other and

• Such behavior creates an intimidating, hostile, or offensive educational environment; or
• Such behavior interferes with an individual's educational performance or adversely affects an individual's learning opportunities.

3. Violation or Suspected Violation of the Nondiscrimination Policy

It is a violation of the nondiscrimination policy if, on District property, in District vehicles, or in connection with any District program, activity, or event, a District employee or student

• Engages in behavior that has the purpose or effect of creating an intimidating, hostile, or offensive educational environment or that interferes with or intrudes upon an individual's rights or educational performance, opportunities or benefits on the basis of an individual's race, ethnicity, national origin, gender, sexual orientation, age, disability or religion;
• Harasses, intimidates, threatens or harms an individual on the basis of the individual's race, ethnicity, national origin, gender, sexual orientation, age, disability, or religion;
• Harasses or intimidates another individual or individuals by name-calling, using derogatory slurs, or wearing or displaying items or images that, depending upon the facts, circumstances, and context, are reasonably likely to or do create ill will or hatred toward the individual or individuals, on the basis of race, ethnicity, national origin, gender, sexual orientation, age, disability or religion;
• Damages, defaces, or destroys the property of any individual because of that individual's race, ethnicity, national origin, gender, sexual orientation, age, disability, or religion; or
• Excludes any qualified individual from participation in, denies any qualified individual the benefits of, or otherwise discriminates against any qualified individual in connection with any District program, activity, or event on the basis of the individual's race, ethnicity, national origin, gender, sexual orientation, age, disability, or religion.

Procedures to Resolve Conflicts

Students who witness or know of a violation or suspected violation of the policy are encouraged to promptly report to the school principal or another adult staff member. Confidentiality will be maintained throughout the process, with information made available only to persons having a legitimate educational interest in the records of the proceedings. 

Procedure

• AC and the Related Regulations and Exhibits, which address nondiscrimination on the Basis of Sex (Compliance with Title IX) and nondiscrimination on the Basis of Disability under Section 504 and the Americans with Disabilities Act
• JFH Student Complaints and Grievances (regarding violation of Board policies or school rules) 

Any violation or suspected violation of the nondiscrimination policy, AC, which is not addressed by the procedures specifically provided above, shall be handled by the following complaint procedure.  Every effort shall be made to resolve the complaint at the lowest possible level below: 

Students, employees, or members of the public who have personal knowledge of a violation or suspected violation of the nondiscrimination policy that does not fall under the specific procedures listed above, shall initiate a review by contacting the building principal or supervisor as soon as possible after the alleged violation.  Students may also report to a teacher or counselor on the school's staff that will act or arrange for a staff member to act as the Student Grievance Liaison. The principal or supervisor shall investigate any allegation of violation of the nondiscrimination policy, and attempt to resolve the matter informally by facilitating a discussion between those involved. If the alleged violation is based upon the conduct of the principal or supervisor of the complainant, the report should be made to that person's immediate supervisor.

In determining whether there has been a violation of the nondiscrimination policy, the principal or supervisor should consider all the facts, the surrounding circumstances, the nature of the behavior, the relationships between the parties involved, and the context in which the alleged incident occurred.

If the matter has not been informally resolved, the complainant may submit the Report Form for Alleged Discrimination, Harassment, or Violence (Form AC-E1) to the principal or supervisor. The form will also advise the complainant about persons who are available to assist the complainant in the process. The principal or supervisor shall make, or shall designate another to make, such additional investigation as necessary to determine the complete facts involved. Any person investigating a complaint at this level is expected to have appropriate training in investigating and resolving complaints of discrimination. They shall make a written report within ten school days from the date the written complaint is received. The report shall be made on the Alleged Discrimination, Harassment, Violence Follow-Up Report Form (AC-E2) and shall contain the specific findings and conclusion as to the alleged violation of the nondiscrimination policy. Any report that contains the name of a District student shall be considered an educational record and shall be kept confidential pursuant to state and federal public records laws.

If resolution is not achieved, the complainant may file a written appeal within ten days of review of the Level II report at the District level (Assistant Superintendents of Elementary, Secondary Education, the Chief Operations Officer or designee). The written appeal shall state, with specificity, the reasons and facts that support the disagreement with the Level II decision. The appropriate Director at the District level shall have ten days to review the records of the complaint and investigation and to issue a written decision.

If the issue has not been resolved by the Level III decision, a final appeal may be made to the Superintendent of Schools or designee within five days of receipt of the Level III decision. The Superintendent, or designee, based upon an independent investigation, shall issue a written decision as a final resolution of the complaint within ten (20) days of receiving the investigation report.

Nondiscrimination Regulations Flow Chart

Level	Decision-Maker	Respondent Action	District Action
I	School principal or immediate supervisor	Report as soon after event giving rise to claim	Resolve informally utilizing District's disciplinary regulations (inappropriate behavior will constitute disciplinary actions). (See BVSD File: JG for reference.)
II	School principal or immediate supervisor	File a formal written complaint ASAP after event giving rise to claim or after failure	Report findings (ten working days) 1. No violation of District Policy; 2. No violation of District's Nondiscrimination Policy; however, inappropriate behavior by respondent (disciplinary action may be taken); or 3. Violation of District Nondiscrimination Policy (disciplinary action must be taken).
III	Assistant Superintendent (elementary, secondary), Chief Operations Officer or designee	File a written appeal within ten days of review of report at Level II *	Written decision sent within ten days of appeal or receipt of external investigation report (if applicable) which may:  affirm; reverse; modify; remand
IV	Superintendent or designee	File a written complaint within ten days of appeal of Level III	Written decision within twenty days of appeal; which may affirm; reverse; modify; or remand. The Superintendent's or designee's decision is final.

The Nondiscrimination Flow Chart will be placed in the student-parent handbook, teacher handbook, and on posters that will be placed in all District buildings.

Special Provisions

• Failure on the part of the student/family/employee to initiate and/or follow up on a complaint in a timely manner may result in the complaint being considered abandoned. A complaint must be filed within twenty school days of the alleged violation of the nondiscrimination policy.
• In general, students and employees shall continue attendance at school and pursue their studies or employment, as directed, while complaints are pending resolution.
• Records of an ongoing investigation shall be kept confidential pursuant to state and federal law.