| Section 50.1 | Fair and Equal Opportunity and Treatment |
| Section 50.2 | Discrimination Prohibited |
| Section 50.3 | Assurances |
| Section 50.4 | Reporting of Violations |
| Section 50.5 | Procedure For Resolving Complaints |
Article 50
NONDISCRIMINATION & EQUAL OPPORTUNITY [1]
Adopted 1/15/02
Section 50.1 Fair and Equal Opportunity and Treatment
The District hereby affirms the right of every person to fair and equal treatment and opportunity relative to participating in and/or receiving the benefits of any District educational program, student activity, or employment, regardless of race, color, national origin, creed, religion, disability, sex, sexual orientation, marital status, political affiliation, age, or any other factor which cannot lawfully be used as a basis for decision.
Section 50.2 Discrimination Prohibited
(A) No person shall be discriminated against on the basis of race, color, national origin, creed, religion, disability, sex, sexual orientation, marital status, political affiliation, age, or any other factor which cannot lawfully be used as a basis for decision, relative to any District educational program, student activity, or employment.
(B) No student shall be denied membership or participation, on the basis of race, color, national origin, creed, religion, disability, sex, sexual orientation, marital status, political affiliation, age, or any other factor which cannot lawfully be used as a basis for decision, in any program or activity which is included in a school program of curricular or extracurricular activities, provided that:
(1) in the case of students with disabilities, such activity shall be appropriate to a student's special educational needs as identified by the committee on special education;
(2) male and female participation in extraclass athletic activities shall be in accordance with the Commissioner=s regulations and Title IX of the Education Amendments of 1972.
(C) Pursuant to the No Child Left Behind Act, the District shall not prevent, or otherwise deny participation in, constitutionally protected prayer in the District=s schools, consistent with guidance issued by the United States Secretary of Education, and applicable judicial decisions interpreting the religion clauses of the First Amendment of the United States Constitution.
The Board of Education shall submit to the appropriate federal agency all assurances required by statute and regulation, and adopt grievance procedures that provide for the prompt and equitable resolution of complaints alleging discrimination. Legal counsel will be sought regarding the requirements of particular statutes and individual cases.
Section 50.4 Reporting of Violations
Any person noting or suspecting a violation of this policy shall immediately report the matter to the Superintendent and/or the Board of Education.
Section 50.5 Procedure For Resolving Complaints
(A) Definitions
(1) AComplainant@ shall mean a person, including a student or employee, who alleges that there has been a violation of Title IX, Section 504 or the Americans with Disabilities Act (ADA) statute or regulations which affect him/her.
(2) AComplaint@ shall mean any alleged violation of Title IX, Section 504 or ADA statute or regulations.
(3) ACompliance Officer@ shall mean the employee designated by the Board of Education to coordinate efforts to comply with and carry out responsibilities under Title IX, Section 504 and the ADA.
(4) ARepresentative@ shall mean any person designated by the grievant as his/her counsel or to act in his/her behalf.
(B) The resolution of a complaint shall be dealt with in the following manner:
(1) Stage I B Investigation & Decision Of Compliance Officer
(a) Within thirty (30) days after the occurrence of the events giving rise to the complaint, the complainant shall file a written complaint with the Compliance Officer. The Compliance Officer:
(i) may informally discuss the complaint with the complainant, and
(ii) may request a more detailed statement from the complainant regarding the underlying facts of the complaint, and
(ii) shall promptly investigate the complaint, and all employees of the District shall cooperate with the Compliance Officer in such investigation.
(b) Within fifteen (15) days of the receipt of the complaint, the Compliance Officer shall make a finding in writing that there has or has not been a violation as alleged.
(c) In the event the Compliance Officer finds that there has been a violation, he/she shall propose a resolution of the complaint. If the complainant is not satisfied with the finding of the Compliance Officer or with the proposed resolution of the complaint, the complainant may, within fifteen (15) days after he/she has received the report of the Compliance Officer, file a written appeal for review by the Superintendent.
(2) Stage II Review By The Superintendent of Schools
(a) The Superintendent may request that the complainant, the Compliance Officer, or any member of the school District staff present a written statement to him/her setting forth any information that such person has relating to the complaint and the facts surrounding it.
(b) The Superintendent shall notify all parties concerned as to the time and place when an informal hearing will be held where such parties may appear and present oral and written statements supplementing their position in the case. Such hearing shall be held within fifteen (15) school days of the receipt of the appeal by the Superintendent.
(c) Within fifteen (15) days of the hearing, the Superintendent shall render a determination in writing which shall include:
(i) a finding that there has or has not been a violation, and
(ii) in the event of a violation, a proposal for equitably resolving the complaint.
(d) If the complainant is not satisfied with the determination of the Superintendent, the complainant may, within fifteen (15) days after its receipt, file with the Clerk of the Board of Education, a written appeal for review by the Board.
(3) Stage III Review By The Board of Education
(a) When an appeal for review by the Board has been made, the Superintendent shall submit all written statements and other materials concerning the case to the President of the Board.
(b) The Board shall notify all parties concerned of the time and place when a hearing will be held, with such hearing to be held within fifteen (15) schooldays of receipt of the appeal by the complainant.
(c) At such hearing, all parties concerned shall have the right to present further statements and testimony.
(d) The Board shall render a decision in writing within fifteen (15) days after the hearing has been concluded.