Administrative Procedure – Nondiscrimination Coordinator and Complaint Manager

School Board

The Nondiscrimination Coordinator directs the District’s compliance with federal and State laws governing discrimination and harassment in the workplace. The Complaint Manager administers the complaint process in Board policy 2:260, Uniform Grievance Procedure.

Superintendent Responsibilities

A. Appoints individuals to serve as a Nondiscrimination Coordinator and Complaint Manager whose skill set suggest they could effectively fulfill the responsibilities identified in this procedure. One individual may serve in both capacities. The Superintendent may serve in either capacity. If possible, at least two Complaint Managers are appointed, one of each gender.

B. Identifies individuals to supervise the performance of the Nondiscrimination Coordinator and Complaint Manager. The supervisor must understand the responsibilities of each role and have authority to take action. If possible, a different individual is assigned to supervise each role as a control measure, e.g., the Human Resources Manager supervises the Nondiscrimination Coordinator’s performance and the Superintendent supervises the Complaint Manager’s performance.

C. Requires each Nondiscrimination Coordinator and/or Complaint Manager to possess or obtain:

1. In-depth knowledge of Board policies as well as rules and conduct codes for students and employees.

2. General knowledge of State and federal laws concerning equal employment and educational opportunities.

3. Ability to:

a. Communicate effectively, both orally and in writing, and to establish rapport with others;

b. Plan, implement, evaluate, and report activities conducted;

c. Be both consistent and flexible as circumstances warrant; and

d. Analyze, clarify, and mediate differences of opinion.

D. Facilitates the effective performance of the Nondiscrimination Coordinator and Complain Managers by:

1. Providing them with clear expectations concerning their roles and responsibilities.

2. Communicating to employees and students their functions and responsibilities.

3. Providing them resources and professional development opportunities.

4. Providing them access to the Board Attorney for legal advice concerning their responsibilities.

Nondiscrimination Coordinator Responsibilities

A. Directs the District’s efforts to provide equal employment and educational opportunities and prohibit the harassment of employees, students, and others. Manages compliance with Board policies 2:260, Uniform Grievance Procedure; 2:265, Title IX Sexual Harassment Grievance Procedure; 5:10, Equal Employment Opportunity and Minority Recruitment; 5:20, Workplace Harassment Prohibited; 5:90, Abused and Neglected Child Reporting; 7:10, Equal Educational Opportunities; 7:20, Harassment of Students Prohibited; 7:180, Prevention of and Response to Bullying, Intimidation, and Harassment; and 7:185, Teen Dating Violence Prohibited.

B. Develops and manages a program that will fully inform all employees and students about the District’s commitment to equal employment and educational opportunities and a harassment-free environment. A component of this program is to inform employees and students about Board policies and administrative procedures.

C. Provides ongoing consultation, technical assistance, and information services regarding compliance requirements and programs.

D. Assists the Human Resources Manager with monitoring compliance with the recordkeeping and notice requirements contained in federal and State laws concerning discrimination and harassment in schools and the workplace.

E. Maintains grievance and compliance records and files.

F. Makes recommendations for action by appropriate decision makers.

G. Establishes a positive climate for nondiscrimination compliance efforts. This effort includes encouraging individuals to come forward with suggestions and complaints.

Complaint Manager Responsibilities

A. Implements and administers the grievance process contained in Board policy 2:260, Uniform Grievance Procedure.

B. Manages complaints alleging a violation of any Board policy or procedure listed in the next section.

C. Assists complainants and potential complainants by, among other things, providing consultation and information to them.

D. Attempts to resolve complaints without resorting to the formal grievance process provided in Board policy 2:260, Uniform Grievance Procedure.

E. Informs potential complainants, complainants, and witnesses that the District prohibits any form of retaliation against anyone who, in good faith, brings a complaint or provides information to the individual investigating a complaint.

F. Receives formal complaints and notifies relevant individuals of the ensuing process.

G. Investigates complaints or appoints a qualified individual to undertake the investigation on his or her behalf. Each complaint shall be investigated promptly, thoroughly, and impartially, and as confidentially as possible.

H. For each formal complaint, prepares a comprehensive written report describing the: (a) complaint, (b) investigation, and (c) findings and recommendations. Provides the report to the Superintendent or School Board if the Superintendent is an alleged responsible party.

I. Receives a request from a complainant to appeal the Superintendent’s resolution of the complaint and promptly forwards all relevant material to the Board.

J. Monitors compliance with all requirements and timelines specified in Board policy 2:260, Uniform Grievance Procedure.

Applicable Policies and Procedures

Section 2

2:260 Uniform Grievance Procedure

2:260-AP2 Nondiscrimination Coordinator and Complaint Manager

2:265 Title IX Sexual Harassment Grievance Procedure

2:265-AP1 Title IX Sexual Harassment Response

2:265-AP2 Formal Title IX Sexual Harassment Complaint Grievance Process

Section 5

5:10 Equal Employment Opportunity and Minority Recruitment

5:20 Workplace Harassment Prohibited

5:20-AP Sample Questions and Considerations for Conducting the Internal Harassment in the Workplace Investigation

Section 6

6:120 Education of Children with Disabilities

6:140 Education of Homeless Children

6:140-AP Education of Homeless Children

6:170 Title I Programs

6:260 Complaints About Curriculum, Instructional Materials, and Programs

Section 7 - Students

7:10 Equal Educational Opportunities

7:10-AP1 Accommodating Transgender Students or Gender Non-Conforming Students; Inclusion

7:20 Harassment of Students Prohibited

7:20-AP Harassment of Students Prohibited

7:180 Prevention of and Response to Bullying, Intimidation, and Harassment

7:190 Student Behavior

Section 8 - Community Relations

8:70 Accommodating Individuals with Disabilities

8:110 Public Suggestions and Concerns

Resources

U.S. Equal Employment Opportunity Commission, www.eeoc.gov.

“Enforcement Guidance and Related Documents,” U.S. Equal Employment Opportunity Commission, https://www.eeoc.gov/laws-guidance-0.

“Sex Discrimination Frequently Asked Questions,” U.S. Dept. of Education, Office for Civil Rights, www2.ed.gov/about/offices/list/ocr/frontpage/faq/sex.html .

“Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties,” Office for Civil Rights, www.ed.gov/about/offices/list/ocr/docs/shguide.html.