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.
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. 22-32-110(1)(k) C.R.S. 22-33-105(2)(c)
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
CROSS REFS: AC, Nondiscrimination/Equal Opportunity