File:  AC_R

 

 

           

Nondiscrimination/Equal Opportunity Regulations

 

This regulation may be used by any South Conejos School District employee who believes he or she has experienced or witnessed violations of the South Conejos School District Board of Education (the Board) policy AC or GBAA.

 

  1. The District recognizes that both the reporting party and the person against whom a complaint or report has been filed have strong interests in maintaining the confidentiality of the allegations and related information. Confidentiality cannot, however, be guaranteed. The privacy of the reporting party, the individual(s) against whom the complaint or report has been filed, and the witnesses will be respected as much as possible, but information may have to be disclosed consistent with the need to investigate, take remedial action to prevent future harassment or discrimination in violation of Board policy, and comply with any discovery or disclosure obligations.
  2. A person who knowingly makes a false report may be subject to disciplinary action.
  3. The time lines for District action contained in these regulations may be extended as deemed necessary by the District, such as when the investigation is complex, involving many witnesses, or the witnesses involved are not available due to travel, illness or personal circumstances. Any such extension shall be for a finite number of days that is made known to all parties. All time periods are calendar days.

 

Procedure – Informal

 

To submit an informal report of discrimination or harassment, the reporting party is encouraged to first submit the report informally to his or her immediate supervisor. The report may be submitted orally or in writing. If the immediate supervisor is believed to have participated in the alleged harassment or discrimination, the reporting party may address the matter informally, with the next level supervisor or the Office of EEOC. If the perpetrator is someone in another area of the District, or if the alleged violation is a Board policy or workplace or District-wide practice, the reporting party may seek to resolve the matter informally by contacting the school principal Upon receipt of a report or complaint of alleged harassment or discrimination, the school principal may conduct or authorize an informal investigation to address the report or complaint. Alternative Dispute Resolution (ADR) techniques such as mediation may be used when and where deemed appropriate by the District. If the report or complaint is not resolved to the satisfaction of the reporting party or if no result is produced within 14 days, the reporting party may submit a formal complaint under the process set out below.

 

Procedure – Formal

 

To submit a formal report of discrimination or harassment, the reporting party must submit a completed report form with the Superintendent within 10 days after the conclusion of the informal process.

 

After the report is properly filed, the Superintendent will notify the person or persons alleged to be responsible for the harassment or discrimination (Respondent) that a report has been filed.

 

The Respondent may receive a copy of the report upon request and/or be told the name of the reporting party, unless the Superintendent determines that such disclosure would not be in the best interests of addressing the complaint or would otherwise be detrimental to either party.

 

In any event, the Respondent is expected to have no contact of any kind with the reporting party, to cause anyone else to initiate such contact on his behalf, or, at any time, retaliate in any way against the reporting party for submitting a report under this regulation. Further, the Respondent is expected to cooperate fully in the investigation and is not to impede the investigation in any way, including but not limited to, discussing the report or facts related to it with any potential witness. The Superintendent shall initiate an investigation promptly after receiving the report.

 

The investigation may consist of personal interviews with the reporting party, the Respondent, and any other individuals who may have knowledge of the alleged incident(s) or circumstances giving rise to the report or complaint. In evaluating the alleged conduct, the investigator should consider the surrounding circumstances; any relevant documents; the nature of the behavior; past incidents or continuing patterns of behavior; the relationships between the parties involved; the context in which the alleged incidents occurred; and the age of the persons involved.

 

The reporting party and Respondent shall be informed of the results of the investigation. The Superintendent should report his or her conclusions within 20 days of the submission of the formal report. In the event the reporting party is not satisfied with the Superintendent’s decision, the reporting party may ask for a review by the School Board.

 

The reporting party may initiate a further review of the Superintendent’s decision by notifying the School Board in writing. Such notice must be received by the School Board within 15 days of the date the District Ombudsperson's decision is announced. The notice must contain all reasons the reporting party is requesting the review, and must contain a copy of the original report and the Superintendent’s decision.

 

A copy of reporting party's request for review will be provided to the Respondent by the Superintendent. The Superintendent will review the request for review, the original report, and Superintendent’s decision. The School Board is not required to conduct further investigation and may, but is not required to, meet with the reporting party and Respondent. The School Board may uphold the Superintendent’s decision, reverse the decision, or may remand the matter back to the Superintendent for further consideration and/or investigation. The School Board shall render the decision within 20 days of receiving the Reporting party's written request for review, unless the School Board determines that a longer period of time is necessary in the circumstances. The School Board decision shall be final, except that, if the School Board remands the matter for further consideration and/or investigation, the Superintendent shall, within 20 days of the date of the School Board remand, render a subsequent decision based on further consideration and/or investigation.

 

Adoption Date: December 17, 2019

 

 

LEGAL REFS:           Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681

34 C.F.R. Part 104

34 C.F.R. Part 106

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

Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621

Individuals with Disabilities Education Act, 20 U.S.C. §1400, et seq. Exceptional Children’s Education Act, C.R.S. 22-2-101, et seq.

Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 701

Americans with Disabilities Act of 1990, 42 U.S.C. § 12101

Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d

Title VII of the Civil Rights Act of 1964, as amended

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

C.R.S. 2-4-401 C.R.S. 18-9-121

C.R.S. 22-32-109(1)(ll)

C.R.S. 22-32-109.1(2)(a)(X)(B)

C.R.S. 22-32-110(1)(k) C.R.S. 22-33-105(2)(c)

C.R.S. 22-61-101

C.R.S. 22-93-101, et seq.

C.R.S. 24-34-301 through 24-34-308

C.R.S. 24-34-401 through 24-34-406 3

CCR 708-1

 

CROSS REFS:            AC, Nondiscrimination/Equal Opportunity

                              GBA, Open Hiring/Equal Employment Opportunity

                              GBAA, Sexual Harassment

                              JB, Equal Educational Opportunities

                              JBB*, Sexual Harassment