File:  AC

 

 

           

Nondiscrimination/Equal Opportunity

 

South Conejos School District RE 10 is subject to the following laws:

 

·      Titles VI and VII of the Civil Rights Act of 1964,

·      Title IX of the Education Amendments of 1972,

·      Section 504 of the Rehabilitation Act of 1973,

·       the Age Discrimination in Employment Act of 1967,

·      the Americans with Disabilities Act, the Genetic

·      Information Nondiscrimination Act of 2008, and the Colorado Antidiscrimination Act.

 

Accordingly, the District is committed to prohibiting discrimination on the basis of disability, need for special education services (whether actual or perceived), race, creed, color, sex, marital status, sexual orientation, transgender status, gender identity, gender expression, national origin, religion, ancestry, age, genetic information, or protected activity, in admissions, access to, treatment, or employment in educational programs or activities which it operates. The District values the diversity of the family, and of the social and cultural backgrounds of the students, parents/ guardians, and personnel who participate in its programs and activities. Respect for the dignity and worth of each individual shall be a consideration in the establishment of all policies by the South Conejos School District RE 10 Board of Education and in the administration of those policies by the administration.

 

 

This policy and regulation shall be used to address all concerns regarding unlawful discrimination and harassment, except those regarding sexual harassment which are addressed in policies GBAA and JBB*.

 

In keeping with these statements, the following shall be objectives of this school district:

 

1.              To promote the rights and responsibilities of all individuals as set forth in the state and federal constitutions, pertinent legislation and applicable judicial interpretations.

 

2.              To encourage positive experiences in terms of human values for children and adults who have differing personal and family characteristics or who come from various socio-economic, racial and ethnic groups.

 

3.              To consider carefully, in all decisions made which affect the schools, the potential benefits or adverse consequences that those decisions might have on the human relations aspects of all segments of society.

 

4.              To utilize educational experiences to build each individual's pride in the community in which he or she lives.

 

5.              To initiate a process of reviewing all policies and practices of this school district in order to achieve the objectives of this policy to the greatest extent possible.

 

6.              To document, investigate and resolve promptly any complaints of unlawful discrimination and harassment.

 

7.              To document, investigate and appropriately discipline staff and students found to be responsible for incidents of harassment or unlawful discrimination in violation of district policy.

 

           This policy applies to all educational and employment decisions of the District. It applies also to all programs, events and activities in which District students and personnel may participate, including, but not limited to, sporting events and other extra-curricular activities. The Board expects that all staff, students, and visitors of the District shall treat other staff, students, and visitors with respect and dignity, and shall not engage in any intimidation, discrimination, physical harm and/or harassment against such persons on account of disability, need for special education services (whether actual or perceived), race, creed, color, sex, marital status, sexual orientation, transgender status, gender identity, gender expression, national origin, religion, ancestry, age, genetic information, or protected activity,

 

           Specifically, the District expects that its students shall not be illegally discriminated against on the basis of disability, need for special education services (whether actual or perceived), race, creed, color, sex, marital status, sexual orientation, transgender status, gender identity, gender expression, national origin, religion, ancestry, age, genetic information, or protected activity in regard to access to and participation in course offerings, athletics, counseling, employment assistance, and extracurricular activities.

 

           The superintendent or designee shall be designated to be responsible for coordinating District implementation of this policy and to serve as the District's Title IX, Section 504 and ADA coordinator and/or compliance officer. The designee(s) shall annually notify District students and employees of this policy, its accompanying regulation, and the name, location, address, and telephone number of the designee(s). Such notice shall be provided by a posting at each school and work site, or by other means that are reasonably designed to provide notice to each student and employee. Other notice relating to the subject matter of this policy shall be provided as required by law.

 

           The term "protected activity" generally means opposition to unlawful discrimination or participation in making a complaint of discrimination or harassment. Individuals or groups are in violation of this policy if on District property, including but not limited to any District vehicle, or at a District-sponsored activity, regardless of where it occurs, if they: 1. Make demeaning remarks directly or indirectly such as name-calling, racial slurs or jokes, or threaten or physically harm an individual on the basis of disability, need for special education services (whether actual or perceived), race, creed, color, sex, marital status, sexual orientation, transgender status, gender identity, gender expression, national origin, religion, ancestry, age, genetic information, or participation in protected activity. 2. Display visual or written material, or use or deface school property or materials to demean the disability, need for special education services (whether actual or perceived), race, creed, color, sex, marital status, sexual orientation, transgender status, gender identity, gender expression, national origin, religion, ancestry, age, genetic information, or participation in protected activity of an individual or group. 3. Damage, deface or destroy private property of any person because of that person's disability, need for special education services (whether actual or perceived), race, creed, color, sex, marital status, sexual orientation, transgender status, gender identity, gender expression, national origin, religion, ancestry, age, genetic information, or participation in a protected activity.

(see above)

 

 

 

 

Students who believe they have been the subject of discrimination or harassment in violation of this policy, or other policies of the District, or who have witnessed such behavior directed towards another individual, are encouraged to make a report according to regulation JBB-R. Staff members who witness, or are otherwise informed of, a student being subjected to behavior that may constitute discrimination or harassment in violation of this policy, or other policies of the District, shall report such information according to regulation JBB-R.

 

Staff members who believe they have been the subject of discrimination or harassment in violation of this policy, or other policies of the District, or who have witnessed such behavior directed towards another individual who is not a student, are encouraged to make a report according to regulation AC-R. Staff members are encouraged to report harassment before it becomes severe or pervasive.

 

The District desires to have an opportunity to address harassment before it rises to the level of unlawful harassment. Retaliation against persons who bring a complaint of actual or perceived racial, sexual, or other harassment or discrimination is prohibited by the District, and may be unlawful.

 

Persons who believe they have experienced or observed retaliation should report it according to regulation JBB-R or AC-R as appropriate. Retaliatory behavior may result in immediate discharge or disciplinary action of the responsible staff member, or expulsion or suspension of the responsible student, or other remedial action, as deemed appropriate in the circumstances by the District. Any student or staff member who violates this policy may be subject to disciplinary action, discharge or expulsion, or other action as deemed appropriate by the District, as outlined in applicable Board policies and regulations. Employees have the right under law to file a complaint of unlawful harassment with the EEOC or the Colorado Civil Rights Commission. The deadlines for filing such complaints are 300 days under federal law, and 180 days under Colorado law, counted from the last date of unlawful harassment.

 

Harassing conduct may take many forms, including but not limited to:

 

1.              verbal acts and name-calling;

 

2.              graphic depictions and written statements, which may include use of cell phones or the Internet;

 

3.              conduct that may be physically threatening, harmful or humiliating.

 

(See above)

 

Students and district employees shall receive periodic training related to recognizing and preventing unlawful discrimination and harassment. District employees shall receive additional training related to handling reports of unlawful discrimination and harassment. The training will include, but not be limited to:

 

·      awareness of groups protected under state and federal law and/or targeted groups;

·      how to recognize and react to unlawful discrimination and harassment; and

·      proven harassment prevention strategies.

 

Adopted:12/12/1999

Revised Adoption: 11/19/2019

 

 

 

LEGAL REFS.:      Title IX of the Education Amendments of 1972 U.S.C. 1681 34 C.F.R. part 104 and 34 C.R.R. Part 106

                              Fair Labor Standards Act, 29 U.S.C 201

                               20 U.S.C. §1681 (Title VII, Education Amendments of 1972)

                              20 U.S.C. §1701-1758 (Equal Employment Opportunity Act of

                              1972)

                              29 U.S.C. §621 et seq. (Age Discrimination in Employment Act of 1967)

                              29 U.S.C. §701 et seq. (Section 504 of the Rehabilitation Act of 1973)

                              42 U.S.C. §12101 et seq. (Title II of the Americans with Disabilities Act)

                              42 U.S.C. §2000d (Title VI of the Civil Rights Act of 1964, as amended in 1972)

                              42 U.S.C. §2000e (Title VII of the Civil Rights Act of 1964)

                              42 U.S.C. §2000ff et seq. (Genetic Information Nondiscrimination Act of 2008)

                              34 C.F.R. Part 100

                              C.R.S. 2-4-401(13.5) (definition of sexual orientation)

                              C.R.S. 18-9-121 (bias-motivated crimes)

                              C.R.S. 22-32-109(1)(ll) (Board duty to adopt written policies prohibiting discrimination)

                              C.R.S. 24-34-301(7) (definition of sexual orientation)

                              C.R.S. 24-34-301 et seq. (Colorado Civil Rights Division)

                              C.R.S. 24-34-401 et seq. (discriminatory or unfair employment practices)

                              C.R.S. 24-34-601 (unlawful discrimination in places of public accommodation)

                              C.R.S. 24-34-602 (penalty and civil liability for unlawful discrimination)

 

CROSS REFS.:      

                              GBA, Open Hiring/Equal Employment Opportunity

                              GBAA, Sexual Harassment

                              JB, Equal Educational Opportunities

                              JBB*, Sexual Harassment

                              JBB-R Sexual Harassment R

                              AC-R Nondiscrimination/Equal Opportunity – Regulation

                              AC- E – Nondiscrimination/Equal Opportunity - Exhibit