Nondiscrimination and Affirmative Action - 5010P

Nondiscrimination

To ensure fairness and consistency, the following grievance procedure is to be used in the district’s relationship with its staff with regard to employment problems covered by state and federal equal employment opportunity laws and/or this affirmative action program.  No staff member’s status with the district shall be adversely affected in any way because the staff member utilized these procedures.  As used in this procedure, “Grievance” shall mean a complaint which has been filed by a complainant (a student, an employee, a parent or guardian) relating to alleged violations of any anti-discrimination law including Title IX regulations and Washington Administrative Code (WAC) 392-190, Section 504 of the Rehabilitation Act of 1973, 42 USC 12101 – 12213 Americans with Disabilities Act (ADA) or Title VII of the Civil Rights Act of 1964.  A complaint shall mean a charge alleging specific acts, conditions or circumstances, which are in violation of the anti-discrimination laws.  A respondent shall mean the person alleged to be responsible or who may be responsible for the violation alleged in the complaint.

The primary purpose of this procedure is to secure an equitable solution to a justifiable complaint to this and, the following steps shall be taken.

Affirmative Action Plan

The needs of all persons in a pluralistic society must be understood in order to continue to create an employment atmosphere compatible with and receptive to all persons.  The following goals shall assure that a meaningful educational experience may continue to exist for students and staff alike.  The district will:

1. Make efforts to modify the composition of the future work force in order to work towards a full utilization of aged, disabled, ethnic minorities, women and Vietnam veterans in the various job categories.
2. Ensure that all applicants and staff are considered on the basis of bona fide job-related qualifications. 
   The purpose of the affirmative action plan is to actively include persons of under-utilized classes in the employment process, not to exclude others from it.  The district shall continue to emphasize in all recruitment contacts that nondiscrimination is a basic element in the district’s personnel procedures.
3. Be responsible for reviewing all employment procedures and programs to assure that there is no indication of discriminatory practices.  The district shall continue to use aged, disabled, ethnic minorities, women and Vietnam veterans in the recruitment and employment process.  Job descriptions for classified staff shall be sent to the Washington Employment Service and other organizations who are recruiting sources for groups that may be under-utilized in the district’s work force.  Recruitment from colleges and universities shall include institutions with high percentages of students of various ethnic minorities.
4. Take appropriate action to attract and retain aged, disabled, ethnic minorities and women at all levels and in all segments of the district’s work force.  Criteria for selecting staff shall be reviewed regularly to assure that such statements relate directly to the requirements for specific positions.  However, pursuant to state law there shall be no preferential employment practices based on race or gender. 

Dissemination

The district shall disseminate information concerning developments under the affirmative action plan on a planned basis to assist in achieving the goals set forth in the plan.  Affirmative action information shall be disseminated by:

1. Printing and distributing such information to staff, school libraries, and offices;
2. Publicizing such information in district newsletters;
3. Conducting meetings with administrative staff to explain the intent and advantages of the policy and plan;
4. Conducting faculty meetings and meetings with classified staff;
5. Informing appropriate and interested recruiting and hiring sources; and
6. Informing all representative staff groups in the district.

Grievance Procedure

To ensure fairness and consistency, the following review procedures are to be used in the district’s relationship with its staff with regard to employment problems covered by state and federal equal employment opportunity laws and/or the affirmative actin program.  No staff member’s status with the district shall be adversely affected in any way because the staff member utilized these procedures. 

As used in this procedure, “Grievance” shall mean a complaint which has been filed by a complainant (a student, an employee, a parent or guardian) relating to alleged violations of any anti-discrimination law including Title IV regulations and Washington Administrative Code (WAS) 392-190, Section 504 of the Rehabilitation Act of 1973 or Title VII of the Civil Rights Act of 1964.

A complaint shall mean a charge alleging specific acts, conditions or circumstances, which are in violation of the anti-discrimination laws.  A respondent shall mean the person alleged to be responsible or who may be responsible for the violation alleged in the complaint.

The primary purpose of this procedure is to secure an equitable solution to a justifiable complaint to this and, the following steps shall be taken:

Informal Review Procedures

When a staff member has an employment problem concerning equal employment opportunity, he/she shall discuss the problem with the immediate supervisor, Human Resources Director or Superintendent within 60 days of the circumstances which gave rise to the problem.  The staff member may also ask the Affirmative Action/Title IX officer to participate in the informal review procedure.  It is intended that the informal discussion shall resolve the issue.  If the staff member feels he/she cannot approach the supervisor because of the supervisor’s involvement in the alleged discrimination, the staff member may directly contact the Affirmative Action/Title IX officer before pursuing formal procedures.  If the discussion with the officer or immediate supervisor does not resolve the issue the staff member may proceed to the formal review procedures.

Level One – Formal Review

The complaint must be signed by the complaining party and set forth the specific acts, conditions, or circumstances alleged to be in violation.  The affirmative action officer shall investigate the allegations set forth within 30 calendar days of the filing of the charge.  The officer shall provide the Superintendent with a full written report of the complaint and the results of the investigation.  The Superintendent shall respond in writing to the complainant as expeditiously as possible, but in no event later than 30 calendar days following receipt of the written complaint.  The Superintendent shall state that the district either:

1. Denies the allegations contained in the written complaint received by the district, or
2. Shall implement reasonable measures to eliminate any such act, conditions or circumstance.

Such corrective measures deemed necessary shall be instituted as expeditiously as possible, but in no event later than 30 calendar days following the Superintendent’s mailing of a written response to the complaining party.

Level Two – Appeal to the Board of Directors

If a complainant remains aggrieved as a result of the action or inaction of the Superintendent he/she may file a written notice of appeal with the secretary of the Board by the 10^th calendar day following:

1. The date upon which the complainant received the Superintendent’s response; or
2. The expiration of the 30-calendar day response period stated in Level One, whichever occurs first.

The Board shall schedule a hearing to commence by the 20^th calendar day following the filing of the written notice of appeal.  Both parties shall be allowed to present such witnesses and testimony as the Board deems relevant and material.  The Board shall render a written decision by the 10^th calendar day following the termination of the hearing and shall provide a copy to all parties involved.

Level Three – Appeal to the Superintendent of Public Instruction

In the event a complainant charging discrimination remains aggrieved with the decision of the Board of Directors in connection with any matter which, if established, would constitute a violation, the complainant may appeal the Board’s decision to the Superintendent of Public Instruction. 

1. A notice of appeal must be received by the Superintendent of public instruction on or before the tenth (10^th) day following the date upon which the complainant received written notice of the Board of Directors’ decision.
2. A notice of appeal must be in writing in the form required by the Superintendent of Public Instruction and must set forth:
   1. A concise statement of the original complaint and the portion(s) of the Board of Directors’ decision which is appealed; and
   2. The suggested recommendations for resolution or remediation of the alleged complaint set forth in the original statement of complaint.

Preservation of Records

The files containing copies of all correspondence relative to each complaint communicated to the district and the disposition, including any corrective measures instituted by the district, shall be retained in the office of the district compliance officer for a period of five years.

Date:10/22/02