4118.11 - 4218.11 - Certified and Non-Certified Nondiscrimination

Personnel -- Certified/Non-Certified

4118.11/4218.11 - Nondiscrimination

In compliance with regulations of Title VII of the Civil Rights Act 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Civil Rights Act of 1964 and the Americans With Disabilities Act of 1990, the Board of Education (Board) adopts the following Equal Employment Opportunity Policy.

Equal Employment Opportunity

Both federal and state law prohibits discriminatory practices in hiring and employment. The Board prohibits discriminatory acts in all district matters dealing with employees and applicants for positions and requires equal employment opportunities for all employees and applicants. As an equal opportunity employer, the Board does not discriminate on the basis of race, color, religious creed, age, veterans’ status, genetic information, marital status, national origin, ancestry, sex, sexual orientation, gender identity or expression, pregnancy, physical disability, past or present history of mental disorder, intellectual disability, learning disability, or any other legally protected status, regarding any qualified individual who can perform the essential functions of the job with or without reasonable accommodations.

Employees/or applicants shall not be discriminated against with respect to terms and conditions of employment, including but not limited to:

Hiring and Promotion

Compensation

Job Assignments

Leaves of Absence

Fringe Benefits

The District recognizes that it is a discriminatory practice to request or require, on an initial employment application, a prospective employee’s age, date of birth, dates of attendance at or date of graduation from an educational institution on an initial employment application, unless requesting or requiring such information is based on a bona fide occupational qualification or need, or when such information is required to comply with any provision of state or federal law.

There are various forms of discrimination. Sexual harassment is a form of discrimination and is governed by Policy #4118.112/4218.2. Harassment may be a form of discrimination if based upon the target’s membership in a protected class and is governed by Policy #4118.113/4218.113. Discrimination on the basis of disabilities is prohibited and is governed by Policy #4118.14/42118.14. "Race" is inclusive of ethnic traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.

Grievance Procedure

The Superintendent shall establish regulations to accompany this policy. Such regulations shall, at a minimum, contain a Grievance Procedure providing for the prompt and equitable investigation and resolution of complaints concerning allegations of discrimination and harassment based upon

violations of the following: The Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, Title IX, Title VI, and Title VII.

The Grievance Procedure shall be disseminated widely and regularly in accordance with the regulations accompanying this policy.

The Superintendent shall appoint individuals to serve the role of District Civil Rights Coordinators/Compliance Officers. The names and contact information for such individuals will be published annually.

Federal civil rights laws prohibit discrimination and/or retaliation against an individual because he/she has opposed any discriminatory act or practice or because that person has filed a charge, testified, assisted or participated in an investigation, proceeding or hearing. The Board shall not retaliate against any person for these types of protected activities, or coerce, intimidate, threaten or interfere with an individual for exercising the rights guaranteed under these federal laws.

Legal Reference:

Connecticut General Statutes 10-15c Discrimination in public schools prohibited. School attendance by five-year olds (as amended by PA 21-2 §441.)

10-153 Discrimination on account of marital status. 46a-51 Definitions as amended by PA 17-127 and PA 21-2)

46a-60 Discriminatory employment practices prohibited.

P.A. 11-55 An Act Concerning Discrimination

Federal Law

Title VII of the Civil Rights Act of 1964

Section 504 and the Federal Vocational Rehabilitation Act of 1973, 20 U.S.C. 706(7)(b).

Americans With Disability Act of 1990, as amended by the ADA Amendments Act of 2008

Title IX of the Education Amendments of 1972.

The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. §4212

Title II of the Genetic Information Nondiscrimination Act of 2008

Policy Adopted: August 1988

Revised: November 1992, January 1993, October 2018, November 18, 2021, March 2022

R4118.11/4218.11- Nondiscrimination

Grievance Procedure for Use by Employees, Students and Third Parties

The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to problems which may arise concerning claims of discrimination. Evidence of reprisal against a complainant or witness shall be viewed as a violation of this policy.

Any person who wishes to inquire or to register a complaint concerning alleged discrimination in the Windsor Locks Public Schools shall have an opportunity to bring such concerns to the attention of one of the District’s Civil Rights Coordinators or Compliance Officers (i.e. Title IX Coordinator, 504 Coordinator) or the Superintendent, who has the authority to resolve such complaints.

The following Grievance Procedure shall be utilized by any student, parent, employee or third party in making a complaint or inquiry regarding discrimination. The Grievance Procedure applies to any form of alleged discrimination prohibited by state or federal law and/or Board policy.

Level I: The complainant shall discuss the alleged discriminatory act or practice with the appropriate Civil Right Coordinator/Compliance Officer or the individual closest to the daily decision-making level. This will normally be a Principal, teacher, counselor, Department Chairperson, Head Custodian, or Cafeteria Manager. If satisfaction cannot be achieved through informal discussion, the following procedure may be initiated.

Level II: The complainant shall, within forty (40) calendar days of the alleged incident, on forms provided, put the complaint in writing and file it with the appropriate Civil Rights Coordinator/Compliance Officer. Within five (5) working days of receipt of the complaint, a conference must be held. Within five (5) working days following the conference, the complaint must be resolved to the satisfaction of both parties or be referred to the Superintendent of Schools. Within five (5) working days, the Civil Rights Coordinator/Compliance Officer shall notify the Superintendent and must notify the complainant of this notification. The Board will be apprised by the Superintendent of any grievance reaching Level II.

Level III: Within ten (10) working days after receipt of notification by the Civil Rights Coordinator/Compliance Officer, the Superintendent must hold a hearing with the complainant; and within five (5) working days of the hearing, resolve the complaint or issue a determination.

Level IV: The Board of Education, Superintendent, and the Civil Rights Coordinators/Officers shall proceed in accordance with appropriate laws or regulations and provide the Complainant written notice of the final outcome in a timely fashion.

If discrimination is found, immediate and appropriate action will be taken to stop the discrimination and deter its recurrence. The Board is committed to providing a safe educational environment free from discrimination.

In addition to the internal complaint procedures set forth herein, complaints of discrimination and/or discriminatory harassment can be reported to:

Fax: 617-289-0150; TDD: 877-521-2172

Email: OCR.Boston@ed.gov

http://www2.ed.gov/about/offices/list/ocr/complaintintro.html

Dissemination of Grievance Procedures

To effectively inform all concerned persons about the process of grieving a complaint, the adopted Grievance Procedures is to be disseminated to students, parents/guardians, employees, and other interested parties. This information must be provided on a continuing basis. This Grievance Procedure shall be disseminated in a variety of ways, including, but not limited to, dissemination in: student/parent handbooks; bulletins or postings in district schools with the name of the coordinators posted on the school and/or district website; via a letter home to each student at the beginning of each school year and/or included as part of a school orientation package or employee orientation packet.

Public Notice of Non Discrimination

Public Schools shall provide continuing notice to the public, personnel, and students that it does not discriminate on the basis of race, color, religious creed, age, veterans’ status, genetic information, marital status, national origin, ancestry, sex, sexual orientation, gender identity or expression, pregnancy, physical disability, past or present history of mental disorder, intellectual disability, learning disability or other legally protected status with regard to admission or access to, or treatment or employment in programs and activities of the school district. Continuing notification may include the posting of notices, publication in local newspapers, and placement of notices in school publications, in student/parent handbooks, on district websites and through distribution of memoranda or other written communication.

Legal Reference:

Connecticut General Statutes

10-153 Discrimination on account of marital status.

46a-60 Discriminatory employment practices prohibited.

P.A. 11-55 An Act Concerning Discrimination

Federal Law

Title VII of the Civil Rights Act of 1964

Section 504 and the Federal Vocational Rehabilitation Act of 1973, 20 U.S.C. 706(7)(b).

Americans With Disability Act of 1990, as amended by the ADA Amendments Act of 2008

Title IX of the Education Amendments of 1972.

The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. §4212

Title II of the Genetic Information Nondiscrimination Act of 2008

Regulation Approved: October 2018

Revised: November 18, 2021