Yarmouth School Department Affirmative Action Plan
NEPN/NSBA Code: AC-E


I. GENERAL POLICY STATEMENT

Statement of Nondiscrimination:

The Yarmouth School Department does not discriminate on the basis of race, age, color, ancestry or national origin, religion, sex, physical or mental disability, or sexual orientation, in admission to, access to, treatment in or employment in its programs and activities.
Compliance with Anti-Discrimination Laws
The Yarmouth School Department recognizes its obligation to comply with the provisions of the Equal Employment Opportunity Act of 1972 (PL 92-261), amending Title VII of the Civil Rights Act of 1964 (42 USC §2000e et seq.); Title IX of the Education Amendments of 1972 (20 USC §1681 et seq.); the Maine Human Rights Act of 1972 as amended (5 MRSA §4571 et seq.); Title VI of the Civil Rights Act of 1964 (42 USC §2000d et seq.); the Age Discrimination in Employment Act of 1967, as amended (29 USC §623 et seq.); the Age Discrimination Act of 1975, as amended (42 USC §6101 et seq.); Section 504 of the Rehabilitation Act of 1973 (29 USC §794 et seq.); and the Americans with Disabilities Act of 1990 (42 USC § 12101 et seq.).

Contacts for Inquiries or Complaints:

To make an inquiry or file a complaint concerning the above statement, an individual may contact one of the following:
Affirmative Action Officer
Yarmouth School Department
101 McCartney Street
Yarmouth, ME 04096
Office for Civil Rights Regional Director
U.S. Department of Education
S.W. McCormack Post Office & Courthouse, Room 222
Boston, MA 02109-4557
Telephone: (617) 223-9662
Maine Human Rights Commission
51 State House Station
Augusta, ME 04333
Telephone: (207) 624-6050

Complaint/Grievance Procedures:

Complaint/grievance procedures provide for the prompt and equitable resolution of complaints alleging discrimination based on race, age, color, ancestry or national origin, religion, sex, physical or mental disability, or sexual orientation. The procedures are found in policies ACAA-R (students) and ACAB-R (employees).

II. DISSEMINATION PROCEDURES: NOTICE AND POSTING

A. General Notice and Posting:

Notice of this Affirmative Action Plan, including but not limited to, the nondiscrimination and sexual harassment policies and grievance procedures contained therein, shall be distributed to all employees and students at the beginning of each school year.

The information contained in the General Policy Statement in Section I above shall be:

1. Posted in a conspicuous and accessible place in all school buildings of the Yarmouth School Department;
2. Included in written announcements, electronic web pages, bulletins, catalogs or application forms which are made available to applicants for employment, students and parents of elementary and secondary students, employees, and all unions or professional organizations holding collective bargaining or professional agreements with the School Department, or which are otherwise used in connection with the recruitment of students or employees;
3. Distributed to all personnel in charge of screening, recruiting, selection, hiring and promotion of employees or applicants;
4. Published annually in a local newspaper and/or school newspaper or electronic media;
5. Published annually in all school handbooks (student and employee handbooks); and
6. Sent to all secondary school, college or university placement services which request information on available job openings with the Yarmouth School Department.

B. Annual Notice of Employee Sexual Harassment Policy:

A copy of the complaint procedures (ACAA-R and ACAB-R) shall be distributed annually to all School Department employees.

C. Posting on Sexual Harassment and Employment Discrimination:

Workplace posters on sexual harassment and employment discrimination shall be posted in conspicuous and accessible places within the Yarmouth School Department where notices to employees are customarily posted (e.g., in each school department building).

D. Copies of Affirmative Action Plan Available:

A copy of this Affirmative Action Plan, including all of the policies contained therein, will be made available to any interested person by posting all policies on the Yarmouth School Department website.

III. TRAINING

A. Gender Equity Training:

The School Department shall be responsible for developing plans for in-service training programs on gender equity for teachers, administrators and the School Committee.

B. Sexual Harassment Training:

The School Department shall conduct education and training programs on sexual harassment: (1) for all new employees within one year of commencement of employment, and (2) for supervisory and managerial employees within one year of commencement of supervisory or managerial employment status.

IV. RESPONSIBILITY FOR IMPLEMENTATION:

The Superintendent of Schools holds ultimate responsibility for the operation, oversight and success of the School Department’s Affirmative Action Plan and nondiscrimination policies. These responsibilities shall be delegated in whole or in part to an Affirmative Action Officer who shall be appointed by and report directly to the Superintendent.
The responsibilities of the Affirmative Action Officer include but are not limited to the following:

1. Managing the organization and implementation of the Affirmative Action Plan;
2. Disseminating the required notices, policies and information regarding federal and state anti-discrimination laws to employees, applicants, students and parents, and others, where applicable;
3. Maintaining such records, reports and documents as the Officer may require to comply with federal and state record keeping requirements;
4. Coordinating the School Department’s efforts to comply with and carry out its responsibilities under all applicable federal and state anti-discrimination laws (including serving as the Title IX/ADA/ Section 504/Age Discrimination Coordinator as required by those laws);
5. Coordinating the investigation of complaints of discrimination based on race, age, color, ancestry or national origin, religion, sex or physical or mental disability in relation to employees, applicants for employment and students;
6. Reporting to the Superintendent when necessary any findings and recommendations for enforcing compliance with the Affirmative Action Plan;
7. Developing, coordinating and implementing plans for in-service gender equity training programs;
8. Developing, coordinating and implementing sexual harassment training programs for employees and supervisors.

Each person charged with the screening, selection, recruiting, hiring and/or promotion of applicants or employees in the School Department shall adhere to the policy of nondiscrimination and equal employment opportunity established in the Affirmative Action Plan.

V. ASSESSMENT OF CURRENT WORKFORCE: UTILIZATION ANALYSIS

The Yarmouth School Department shall periodically assess the numbers of minorities, women and persons with disabilities in its workforce and determine where imbalances exist. Such assessment shall determine whether there is underutilization of a particular gender or minority or of persons with disabilities in different job categories in the School Department.
The term “underutilization” is defined by the Office of Federal Contract Compliances as having fewer minorities or women in a particular job classification than would reasonably be expected by their availability in the job market where an employer can reasonably expect to recruit new employees. In determining whether underutilization in the workforce exists, the School Department shall consider relevant local workforce statistics, the School Department’s workforce profile, the nature and validity of its job classifications and the number, frequency and category of vacancies.

VI. GOALS, PROCEDURES AND TIMETABLES

If an assessment determines that imbalances exist in the Yarmouth School Department workforce with respect to numbers of minorities, women and persons with disabilities, the School Department shall develop realistic goals for necessary action and related procedures and timetables for correcting such imbalances.

VII. POLICY ON RECRUITING AND HIRING OF ADMINISTRATIVE STAFF

The procedures in the following section are designed to establish a nondiscriminatory hiring practice for positions requiring administrative certification. The procedures are based upon the “Model Administrative Hiring Procedure” published by the Maine Department of Education in its “Final Report of the Equity Committee,” April 1991.

A. Job Description Development/Review:

Written job descriptions shall be developed for each position requiring administrative certification. To ensure that each job description accurately represents the current functions and projected needs in the event of a vacancy, the Superintendent/designee shall:

1. Conduct a review of the job description with input from those people affected by the position to ensure that the information contained in it is relevant to the position;
2. Develop the criteria (skills, knowledge, abilities) required to perform the duties and responsibilities of the position, and review and revise such criteria, as necessary; and
3. Determine the minimum qualifications (training, education and experience) for the position.

B. Recruitment:

Except where special circumstances may warrant a departure from any or all of the following procedures, the Superintendent/designee shall:

1. Advertise to attract a wide pool of candidates;
2. Ensure wide media coverage with at least one statewide ad (e.g., an ad in the Portland, Maine, Sunday newspaper) and with emphasis on media which targets underutilized classes as identified in the School Department’s Affirmative Action Plan; and
3. Post notification of the job vacancy internally in accordance with standard School Department procedures.

C. Screening

To ensure that a nondiscriminatory and efficient screening process will occur, the Superintendent/designee shall:

1. Eliminate all applicants who do not meet the minimum qualifications;
2. Ensure that all applications are reviewed by more than one individual, with attention given to perceived conflicts of interest;
3. Provide orientation on confidentiality and equity issues to screeners;
4. Conduct a preliminary reference check, if appropriate;
5. Select candidates for interview based on the degree to which they meet the criteria and demonstrate the skills, knowledge and abilities outlined in the job description.

D. Interviewing

The Superintendent/designee shall:

1. Appoint an interview panel with representation from various groups with whom the person selected for the position will work on a regular basis;
2. Provide orientation to the panel on the process, the weighting of criteria and the nomination/hiring procedure; and
3. Conduct training to ensure that panel members are aware of the legal aspects of interviewing, including confidentiality and equity issues.

The interview panel shall:

1. Design interview questions that match the duties/responsibilities of the position and the criteria outlined in the job description; and
2. Provide the opportunity for each candidate interviewed to respond to the same questions.

E. Recommendation

The interview panel shall:

1. Assess each candidate on the same basis, including the criteria outlined in the job description; and
2. Submit a selection recommendation to the Superintendent.

F. Selection/Employment:

The Superintendent shall:

1. Have references contacted (and site visits made if appropriate) to check perceived strengths and weaknesses of the candidate(s);
2. Review the material on the selected candidate(s) to determine whether additional information is needed;
3. Inform the interview panel of the final selection determination; and
4. Nominate/employ the selected candidate(s) in accordance with local school policies.

G. Notification:

The Superintendent shall:

1. Offer the position to the selected candidate; and
2. Ensure that unsuccessful candidates are notified once acceptance is assured.

H. Orientation and Support:

To ensure that new administrators are provided with the proper information about the job expectations, the Superintendent/designee shall provide an orientation that includes expectations of the duties and responsibilities of the position and the policies and procedures of the Yarmouth School Department.

I. Record Keeping:

To ensure that the confidentiality of employee and applicant records is properly maintained, the Superintendent shall provide for the maintenance in secure files of all applications and documentation of the hiring, screening and interview process as well as hiring statistics for the School Department for a period of three years.


Adopted: October 8, 1998

Revised: March 25, 2010


Cross Reference: AC - Nondiscrimination/Equal Opportunity and Affirmative Action
ACAA - Harassment and Sexual Harassment of Students
ACAA-R – Student Discrimination and Harassment Complaint Procedure
ACAB – Harassment and Sexual Harassment of School Employees
ACAB-R – Employee Discrimination and Harassment Complaint Procedure