Colchester, Connecticut

9.2 Agenda Item - 4118.11-R Discrimination Complaints

Board of Education Regular Meeting 6:00 PM - REVISED

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Book                         Policy Manual

Section                      4000 - Personnel Certified/Non-Certified

Title                        Discrimination Complaints - Administrative Regulations (Personnel)

Code                         4118.11-R

Status                       Active

Adopted                      June 13, 2017

Last Revised                 August 14, 2018




                                            DISCRIMINATION COMPLAINTS
                                      ADMINISTRATIVE REGULATIONS (PERSONNEL)



It is the policy of the Colchester Board of Education that any form of discrimination or harassment on the basis of protected
characteristics such as race, color, religion, age, sex, sexual orientation, marital status, national origin, disability (including
pregnancy), genetic information, veteran status or gender identity or expression is forbidden, whether by students, Board
employees or third parties subject to the control of the Board. Students, Board employees, and third parties are expected
to adhere to a standard of conduct that is respectful of the rights of all members of the school community.

It is the express policy of the Board to provide for the prompt and equitable resolution of complaints alleging any
discrimination on the basis of protected characteristics such as race, color, religion, age, sex, marital status, sexual
orientation, national origin, ancestry, disability (including pregnancy), genetic information, veteran status or gender identity
or expression.

If a complaint involves allegations of discrimination or harassment based on reasons such as gender/sex or disability, such
complaints will be handled under other appropriate policies Series 4000 #4118.11 Sex Discrimination & Sexual Harassment
in the Workplace; Series 4000 #4118.14 Employees & Section 504 of the Rehabilitation Act of 1973 & Title ll of the
Americans with Disabilities Act of 1990.

Preferably, complaints should be filed within thirty (30) calendar days of the alleged occurrence. Timely reporting of
complaints facilitates the investigation and resolution of such complaints. The district will investigate such complaints
promptly and equitably, and will take corrective action when allegations are verified.

The district will not tolerate any reprisals or retaliation that occur as a result of the good faith reporting of charges of
harassment or discrimination on the basis of race, color, religion, age, sex, sexual orientation, marital status, national
origin, disability (including pregnancy), genetic information, gender identity or expression, or veteran status. Any such
reprisals or retaliation will result in disciplinary action against the retaliator, and other corrective actions as appropriate.

The school district will periodically provide staff development for district administrators and periodically distribute this Policy
and implementing Administrative Regulations to staff and students in an effort to maintain an environment free of
harassment and discrimination.

Complaint Procedure

As soon as an individual feels that he or she has been subjected to discrimination or harassment on the basis of race, color,
religion, age, sex, sexual orientation, marital status, national origin, disability (including pregnancy), genetic information,
gender identity or expression, or veteran status he/she should make a written complaint to the Superintendent, or his/her
designee. The individual and any respondent (if applicable) will be provided a copy of the Board’s policy and regulation and
made aware of his/her rights.

The complaint should state the:

    A. Name of the complainant,

    B. Date of the complaint,

    C. Date(s) of the alleged harassment/discrimination,

    D. Name(s) of the harasser(s) or discriminator(s),

    E. Location where such harassment/discrimination occurred,

    F. Names of any witness(es) to the harassment/discrimination,

    G. Detailed statement of the circumstances constituting the alleged harassment/discrimination; and

    H. Proposed remedy.

Any individual who makes an oral complaint of harassment or discrimination will be provided a copy of this regulation and
will be requested to make a written complaint pursuant to the above procedure. If an individual is unable to make a written
complaint, the staff member receiving the oral complaint will either reduce the complaint to writing or assist the individual
with completing the written complaint form.

All complaints received by staff members are to be forwarded immediately to the Superintendent or his/her designee. Upon
receipt of a complaint alleging harassment or discrimination under this complaint procedure, the Superintendent or his/her
designee shall promptly investigate the complaint. During the course of the investigation, the investigator shall interview or
consult with all individuals reasonably believed to have relevant information, including the complainant, the alleged
harasser/discriminator (“respondent”) and any witnesses to the conduct. Complaints will be investigated promptly within
the timeframes identified below. Timeframes may be extended as needed given the complexity of the investigation,
availability of individuals with relevant information and other extenuating circumstances. Confidentiality will be maintained
by all persons involved in the investigation to the extent possible, as determined by the investigator.

Upon receipt of a written complaint of discrimination, the investigator should:

    1. offer to meet with the complainant and respondent (if applicable) within ten (10) business days (provided that such
       timeframe may be reasonably extended based on the availability of necessary witnesses and/or participants during
       periods of time when school is not in session) to discuss the nature of the complaint, identify individuals the
       complainant believes has relevant information, and obtain any relevant documents the complainant may have;

    2. provide the complainant and respondent (if applicable) with a copy of the Board’s non-discrimination policy and
       accompanying regulations;

    3. investigate the factual basis of the complaint, including, as applicable, conducting interviews with individuals
       deemed relevant to the complaint;

    4. conduct an investigation that is adequate, reliable, and impartial. Investigate the factual basis for the complaint,
       including conducting interviews with individuals with information and review of documents relevant to the complaint;

    5. maintain confidentiality to the extent practicable throughout the investigative process, in accordance with state and
       federal law;

    6. communicate the outcome of the investigation in writing to the complainant and respondent (if any) (to the extent
       permitted by state and federal confidentiality requirements), within thirty (30) business days (provided that such
       timeframe may be extended by fifteen (15) business days during periods of time when school is in session or
       reasonably extended based on the availability of necessary witnesses and/or participants during periods of time
       when school is not in session) from the date the complaint was received by the Superintendent’s office. The
       complainant and respondent (if any) shall be notified of such extension. The written notice shall include a finding
       whether the complaint was substantiated and if so, shall identify, to the extent possible, how the district will remedy
       the discrimination or harassment, adhering to the requirements of state and federal law;
    7. if a complaint is made during summer recess, the complaint will be reviewed and addressed as quickly as possible
       given the availability of staff and/or other individuals who may have information relevant to the complaint. If fixed
       timeframes cannot be met, the complainant and respondent (if any) will receive notice and interim measures may
       be implemented as necessary (see sub-paragraph 6);

    8. whenever allegations are verified, ensure that appropriate corrective action is taken (including, but not limited to,
       disciplinary action) aimed at preventing the recurrence of the harassment or discrimination. Corrective action should
       include steps to avoid continuing discrimination;

    9. if either party to the complaint is not satisfied with the findings and conclusions of the investigation, the complainant
       may present the complaint and written outcome to the Superintendent within thirty (30) calendar days of receiving
       the findings. Upon review of a written request from the party requesting an appeal, the Superintendent shall review
       the investigative results of the investigator and determine if further action and/or investigation is warranted. Such
       action may include consultation with a designated investigator (if applicable), complainant, and respondent (if any)
       and meeting with appropriate individuals to attempt to resolve the complaint, or a decision affirming or overruling a
       designated investigator’s conclusions or findings (if applicable). The Superintendent shall provide written notice to
       the complainant and respondent (if any) of the proposed actions within fifteen (15) business days (provided that
       such timeframe may be reasonably extended based on the availability of necessary witnesses and/or participants
       during periods of time when school is not in session) following the receipt of the written request for review.

If a complaint involves allegations of discrimination or harassment based on reasons such as gender/sex or disability, such
complaints will be handled under other appropriate policies Series 4000 #4118.11 Sex Discrimination & Sexual Harassment
in the Workplace; Series 4000 #4118.14 Employees & Section 504 of the Rehabilitation Act of 1973 & Title ll of the
Americans with Disabilities Act of 1990.

Any employee also may file a complaint with the Office for Civil Rights, U.S. Department of Education (“OCR”):

       Office for Civil Rights, Boston Office
       U.S. Department of Education
       8th Floor
       5 Post Office Square
       Boston, MA 02109- 3921
       (617) 289-0111
       http://www2.ed.gov/about/offices/list/ocr/docs/howto.html

Employees may also file a complaint regarding employment discrimination with the Equal Employment Opportunity
Commission:

       Equal Employment Opportunity Commission, Boston Area Office
       John F. Kennedy Federal Building
       475 Government Center
       Boston, MA 02203
       (800-669-4000)

Employees may also file a complaint with the Connecticut Commission on Human Rights and Opportunities:

       Connecticut Commission on Human Rights and Opportunities
       450 Columbus Blvd.
       Hartford, CT 06103-1835
       (800-477-5737)

Anyone who has questions or concerns about these regulations may contact:

       Director of Pupil Services and Special Education
       215 Halls Hill Road
       Colchester, CT 06415
       860.537.3103

Anyone who has questions or concerns about the Board’s policies regarding discrimination on the basis of gender/sex may
contact the Board’s Title IX Coordinator:

       Director of Pupil Services and Special Education
       215 Halls Hill Road
       Colchester, CT 06415
       860.537.3103

Anyone who has questions or concerns about the Board’s policies regarding discrimination on the basis of gender/sex may
contact the Board’s Section 504/ADA Coordinator:

       Director of Pupil Services and Special Education
       215 Halls Hill Road
       Colchester, CT 06415
       860.537.3103


       Discrimination Complaint Form.pdf (106 KB)