5145.4 - Nondiscrimination Towards Students Affirmative Action

5145.4

Students

Nondiscrimination Toward Students Affirmative Action

The Windsor Locks Board of Education (Board) complies with all applicable state and federal laws prohibiting discrimination in its education program and activities on the basis of race, religion, color, national origin, sex, sexual orientation, gender identity or expression, marital status, age, disability (including pregnancy), or other legally protected status subject to the conditions and limitations established by law.

The Board subscribes to the intent, implementation, and spirit of state and federal nondiscrimination laws. Accordingly, the following are established on behalf of the student body:

1. Current policies and practices and the effects thereof concerning the treatment of students will be annually evaluated.

2. Appropriate remedial steps will be taken to eliminate the effects of any discrimination, which resulted or may have resulted from adherence to these practices.

3. Full cooperation is assured the Director of the Office for Civil Rights pursuant to Title IX regulations, on a humanistic as well as legal basis.

4. The Superintendent of Schools is designated to coordinate efforts to comply with and carry out responsibilities of the Board. This shall include:

a. appointing individuals to fill the roles of District Civil Rights Coordinator/Compliance Officer, 504/ADA Coordinator and Title IX Coordinator who are responsible for addressing inquiries, reports or complaints of discrimination occurring in the District’s education program or activities.

b. establishing a regulation to accompany this policy that includes protocols and grievance procedures regarding how students may inquire, report, or complain about prohibited discrimination occurring in the District’s education program and activities except for allegations of sexual harassment and disability discrimination. Disability discrimination and sexual harassment are addressed under separate policies and regulations. Allegations of sexual harassment shall be addressed in accordance with Board Policy 5145.5/4118.112/4218.112, Prohibition Against Sexual Harassment and its regulation, R5145.5/4218.112/4118.112, Prohibition Against Sexual Harassment: Response to Reports of Sexual Harassment and Grievance Procedures for Formal Complaints (R 5145.5). Allegations of disability discrimination shall be addressed in accordance with Board Policy 5145, Section 504 and Title II: Civil and Legal Rights and Responsibilities and its regulation, R5145, Administrative Regulation Regarding Students and Section 504 and Title II (R5145).

5. No student on the basis of race, religion, color, national origin, sex, sexual orientation, gender identity or expression, marital status, age, disability (including pregnancy), or other legally protected status subject to the conditions an limitations established by law shall be:

a. Subject to separate or different rules of behavior, sanctions, or other treatment;

b. Discriminated against in the application of any rules of appearance;

c. Provided different aids, benefits, or services or be provided such aids, benefits or services in a different manner;

d. Denied any such aid, benefit or service;

e. Otherwise limited in the enjoyment of any right, privilege, advantage or opportunity.

6. Notification of this policy will be made annually to students and parents.

Legal Reference:

Connecticut General Statutes

§ 10-15c Discrimination in public schools prohibited. School attendance by five-year-olds

§ 46a-81a, et seq. - Discrimination on basis of sexual orientation

§ 1-1n, “Gender Identity or Expression” defined

Federal Law

Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et seq.

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

Americans with Disabilities Act, 42 U.S.C. § 12101, et seq.

Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, et seq.

Policy Adopted: March 28, 2013

Policy Revised: October 8, 2020

WINDSOR LOCKS PUBLIC SCHOOLS

Windsor Locks, Connecticut

Students

Nondiscrimination Toward Students Affirmative Action

Designation of Civil Rights Coordinators/Compliance Officer

The Superintendent designates the Director of Special Services as the District’s Civil Rights Coordinator/Compliance Officer. The Civil Rights Coordinator/Compliance Officer is responsible for overseeing district compliance with state and federal nondiscrimination laws and for responding to inquiries, reports or complaints of discrimination occurring in the District’s education program or activities, except for those related to disability discrimination and sexual harassment.

Disability discrimination shall be addressed by the District’s 504/ADA Coordinator and allegations of sexual harassment shall be addressed by the District’s Title IX Coordinator. Students are directed to lodge complaints of disability discrimination and sexual harassment with the appropriate coordinator and in accordance with applicable board policies and regulations.

Any student 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. Civil Rights Coordinator/Compliance Officer, Title IX Coordinator, 504 Coordinator) or the Superintendent, who has the authority to resolve such complaints.

Discrimination Complaints

It is the express policy of the Board of Education (Board) to provide for the prompt and equitable resolution of student complaints alleging discrimination on the basis of protected characteristics such as race, religion, color, national origin, sex, sexual orientation, gender identity or expression, marital status, age, disability (including pregnancy), or other legally protected status subject to the conditions and limitations established by law. In order to facilitate the timely resolution of such complaints, any student who feels that he/she has been discriminated against on the basis of these protected characteristics (except for disability discrimination and for sexual harassment) should file a written complaint with the Office of the Superintendent of Schools or directly with the District’s Civil Rights Coordinator/Compliance Officer. Forms will be made available for this purpose.

Grievance Procedure for Discrimination Complaints

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.

The following Grievance Procedure shall be utilized by any student wishing to make a complaint of any form of alleged discrimination prohibited by state or federal law and/or Board policy except for sexual harassment and disability discrimination which have their own procedures.

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: While there is not a specific deadline for filing, the complainant is encouraged to put the complaint in writing on a District provided form, and to file it with the appropriate Civil Rights Coordinator/Compliance Officer within forty (40) calendar days of the alleged incident. 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 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.

Timelines provided for in the grievance procedure may be modified by agreement or modified in response to unforeseen or unusual circumstances necessitating a delay.

Retaliation against any individuals who report discrimination or participate in the investigation of a discrimination complaint is prohibited; such retaliation will be considered discrimination.

For Reports or Complaints of Disability Discrimination and Sexual Harassment

Students wishing to report or complain of disability discrimination are directed to Board Policy 5145, Section 504 and Title II: Civil and Legal Rights and Responsibilities and its regulation, R5145, Administrative Regulation Regarding Students and Section 504 and Title II, for specific protocols and grievance procedures for the making of reports or complaints of disability discrimination occurring in the District’s education program or activities. Inquiries, reports or

complaints of disability discrimination shall be brought to the attention of the District’s 504/ADA Coordinator and will be responded to in accordance with the protocols and grievance procedures set forth in R 5145.5.

Students wishing to report or complain of sexual harassment are directed to Board Policy, 5145.5/4218.112/4118.112, Prohibition Against Sexual Harassment and its regulation R5145.5, Prohibition Against Sexual Harassment: Response to Reports of Sexual Harassment and

Grievance Procedures for Formal Complaints (R5145.5) for specific protocols for the informal reporting of sexual harassment and for grievance procedures for formal complaints of sexual harassment. Inquiries, reports or complaints of sexual harassment shall be brought to the attention of the District’s Title IX Coordinator and will be responded to in accordance with the protocols and grievance procedures set forth in R5145.5.

Additional or Alternative Reporting of Discrimination

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

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.

Regulation Approved: March 28, 2013

Regulation Revised: October 8, 2020

WINDSOR LOCKS PUBLIC SCHOOLS

Windsor Locks, Connecticut

Form

WINDSOR LOCKS PUBLIC SCHOOLS

DISCRIMINATION COMPLAINT FORM

(For use by students for complaints of discrimination on the basis of race, religion, color, national origin, sex, sexual orientation, gender identity or expression, marital status, age, disability or other legally protected status except for sexual harassment*)

*A different form(s) shall be used for reports/complaints of sexual harassment; see Board Policy 5145.5/4218.112/4118.112, Prohibition Against Sexual Harassment and related forms

Name of complainant  ______________________________________________________________

Date of complaint  ________________________________________________________________

Date of alleged discrimination/harassment ________________________________________________________________________________________________________________________________________

Name(s) of any witness(es) to the discrimination/harassment _______________________________________________________________________________________________________________________________________

Detailed statement of the circumstances constituting the alleged discrimination or discriminatory harassment (include where, when and what happened, the frequency and duration of occurrence and who was involved, providing the full names of participants and witnesses and share specific language used, where applicable); attach any evidence, i.e., copies of text messages, postings, other communications, pictures, etc.).

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Received by:

_______________________________ ____________

Name of Individual Receiving Date of Receipt

Written Complaint

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Signature