NONDISCRIMINATION

FILE: AC

Critical

A. Anti-Discrimination Law Compliance

As a political subdivision, employer, recipient of federal funds and educational institution, the Board of Education is prohibited from, and hereby declares a policy against, engaging in unlawful discrimination, including harassment creating a hostile environment, on the basis of race, color, religion, sex, national origin, ancestry, disability, age or use of leave protected by the Family and Medical Leave Act, in its programs, activities and with regard to employment. The Board is an equal opportunity employer.

Marital, maternal or paternal status shall not affect the rights and privileges of district students to receive an education. Those students are eligible to participate in all activities and receive all honors the same as any other students enrolled in the school district.

B. Collateral Prohibitions

As part of this obligation, the Board is also prohibited from, and declares a policy against:

(1) Retaliatory actions based on making complaints of prohibited discrimination or participation in an investigation, formal proceeding or informal resolution concerning prohibited discrimination;

(2) Aiding, abetting, inciting, compelling or coercing discrimination; and

(3) Discrimination against any person because of such person’s association with a person protected from discrimination due to one or more of the above-stated characteristics.

C. Compliance Officer Appointment

To ensure that these obligations are met, the Board designates the following individual to act as the district’s nondiscrimination laws compliance coordinator, who shall also be the appointee for all laws specifically mandating such an appointment, and who shall have the duty of keeping the superintendent informed of the state of compliance with this policy district wide:

Administrative Assistant

Board of Education Office

914 Frisco

Seneca, Missouri 65865

417 776-3426

D. Reporting and Complaint

Complaints and reports regarding discharge of the duties summarized in this policy should be addressed to the compliance coordinator. Any employee of the district or member of the Board of Education who becomes apprised of a possible violation of this policy must report the matter to the coordinator. In the event the compliance coordinator is the subject of a report that would otherwise be made to the compliance coordinator, reports should instead be directed to: Superintendent of Schools, Board of Education Office, P. O. Box 469, Seneca, Missouri, 417 776-3426, who will assume the coordinator’s duties for the purpose of that complaint.

E. Grievance Procedure and Resolution of Complaints

The administration will establish an effective grievance procedure and take any other actions necessary to carry out this policy, with due regard for the substantive and procedural rights of all parties concerned.

F. Confidentiality and Records

To the extent permitted by law, any public record held by this school district that is generated or received pursuant to this policy shall be closed and available only to the Board acting as a quorum, a committee appointed by the Board to carry out this policy on a permanent or ad hoc basis, the compliance coordinator and other administrators whose duties require access to the record in order to carry out this policy. Such persons may share access, on an individual basis, to such records with complainants or participants in a grievance or other resolution, only to the extent such disclosure promotes the purposes of this policy and is not prohibited by FERPA or any other law. Certain other limited disclosures may be required when material in the records is integral to an action affecting a constitutionally recognized property or liberty interest.

G. Public Notice and Dissemination

A copy of this policy will be posted in a public area of each building used for instruction and/or administrative offices. A copy of this policy will also be distributed annually to employees, parents or guardians, and students. The administration is directed to further publicize this policy and provide for such training or instruction as necessary to ensure district wide compliance with anti-discrimination laws, including instruction in recognizing behavior indicative of a violation of this policy.

H. Limitations

Nothing in this policy shall be construed as creating a cause of action. Neither the proscriptions of, nor actions taken under, this policy shall on that basis estop the Board from fully arguing for or against the existence of any fact and the scope or meaning of any law in any forum.

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Note: The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or forms for related information.

Adopted: 10/?/92

Revised: 4/13/99, 1/15/01

Legal Refs: P.L. 92-318, Education Amendments of 1972, Title IX 45 CFR, Parts 81, 86 (Federal Register, June 4, 1975; August 11, 1975)

Legal Refs: "Notice of Nondiscrimination," Office of Civil Rights, U.S. Dept. of Ed., September 1996

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

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

Americans with Disabilities Act, 42 U.S.C. §§ 12101 - 12213

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

Rehabilitation Act of 1973, 29 U.S.C. § 794

Family and Medical Leave Act, Prohibited Acts, 29 U.S.C. § 2615

Fair Labor Standards Act, Equal Pay Provisions, 29 U.S.C. § 206(d)

Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 - 1487

Age Discrimination in Employment Act, 29 U.S.C. §§ 621 et seq.

Age Discrimination Act of 1975, 42 U.S.C. §§ 6101 et seq.

Missouri Human Rights Act, §§ 213.010 et seq., RSMo.

Female Employees' Wages, §§ 290.400 et seq., RSMo.

Gebser et al. v. Lago Vista Ind. School Dist., 118 S.Ct. 1989 (1998)

Faragher v. City of Boca Raton, 118 S.Ct. 2275 (1998)

Burlington Industries v. Ellerth, 118 S.Ct. 2257 (1998)

Oncale v. Sundowner Offshore, 118 S.Ct. 998 (1998)

Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993)

Davis v. Monroe County Bd. of Ed., 120 F.3d (11th Cir. 1997), Cert. granted, S.Ct. (1998)

Seneca R-VII School District, Seneca, Missouri

Portions © 2000 Missouri School Boards’ Association

For Office Use Only: AC-C.1D (10/00)