Policy Statement And Grievance Procedures For Discrimination, Harassment And Retaliation Based On Race, Color, National Origin & Disability And For Sexual Harassment
I. Policy Statement
The MONROE CITY SCHOOL DISTRICT (hereinafter sometimes referred to as "School
District") is committed to maintaining a learning/working environment free from
sexual harassment and discrimination or harassment based on race, color,
national origin or disability, and free from retaliation directed at any person
as a result of their efforts (i) to report prohibited harassment or
discrimination, or (ii) to protect the rights of any person that is the subject
of a report of discrimination or harassment prohibited by this policy.
Therefore, the School District prohibits sexual harassment and discrimination,
harassment or retaliation based on race, color, national origin or disability
against any student or school personnel at school or any school sponsored
activity.
It shall be a violation of this policy for any student or school personnel to
harass, discriminate or retaliate against a student or any school personnel on
the basis of race, color, national origin or disability and to sexually harass.
Further, it shall be a violation of this policy for any school personnel to
tolerate sexual harassment, or discrimination or harassment based on a student's
or employee's race, color, national origin or disability, or to tolerate
retaliation against any person for (i) their report of harassment or
discrimination for a reason prohibited by this policy, or (ii) their acting to
protect the rights of any person that is the subject of a report of prohibited
discrimination or harassment directed at students, school personnel or third
parties participating in, observing or otherwise engaged in school sponsored
activities.
For the purpose of this policy, school personnel includes school board members,
school employees, agents, volunteers, contractors or other persons subject to
the supervision and control of the Monroe City School District.
The School District, through the office of the Superintendent, shall: (1)
promptly investigate all complaints, written or verbal, of sexual harassment, or
discrimination, harassment or retaliation based on race, color, national origin
or disability; (2) promptly take appropriate action to stop any discrimination,
harassment or retaliation; and (3) take appropriate action against any student
or school personnel who violates this policy and take any other action
reasonably calculated to end and prevent further discrimination, harassment or
retaliation of school personnel or students
II. Definitions: Discrimination, Harassment or Retaliation Based on Race, Color,
National
Origin, or Disability
Discrimination, harassment or retaliation based on race, color, national origin
or disability consists of physical or verbal conduct relating to an individual's
race, color, national origin or disability when the conduct:
(i) creates an intimidating, hostile or offensive working or educational
environment;
or
(ii) substantially or unreasonably interferes with an individual's work or
education; or
(iii) otherwise is sufficiently serious to limit an individual's employment
opportunities or to limit a student's ability to participate in or benefit from
the education program.
Examples of conduct which may constitute discrimination, harassment or
retaliation based on race, color, national origin or disability if it meets the
immediately preceding definition include:
graffiti containing racially offensive language.
name calling, jokes or rumors.
physical acts of aggression against a person or his property because of that
person's race, color, national origin or disability.
hostile acts which are based on another's race, color, national origin or
disability.
written or graphic material which is posted or circulated and which intimidates
or threatens individuals based on their race, color, national origin or
disability.
III. Sexual Harassment.
Sexual harassment consists of unwelcome sexual advances, requests for sexual
favors,
sexually motivated physical conduct or other verbal or physical conduct or
communication of a sexual nature when:
(i)submission to that conduct or communication is made a term or condition,
either explicitly or implicitly, of obtaining or retaining employment or
education; or
(ii) submission to or rejection of the conduct or communication by an individual
is used as a factor in decisions affecting that individual's employment or
education; or
(iii)that conduct or communication substantially or unreasonably interferes with
an individual's employment or education, or creates an intimidating, hostile or
offensive employment or educational environment (i.e. the conduct is
sufficiently serious to limit a student's or employee's ability to participate
in or benefit from the educational program or work environment).
Examples of conduct which may constitute sexual harassment if it meets the
immediately preceding definition include:
unwelcome sexual physical contact.
unwelcome ongoing or repeated sexual flirtation or propositions, or remarks.
sexual slurs, leering, epithets, threats, verbal abuse, derogatory comments or
sexually degrading descriptions.
graphic comments about an individual's body.
sexual jokes, notes, stories, drawings, gestures or pictures.
spreading sexual rumors.
touching an individual's body or clothes in a sexual way.
displaying sexual objects, pictures, cartoons or posters.
impeding or blocking movement in a sexually intimidating manner.
IV. Complaint Procedure
A. Formal Procedure
1. File Report
Any student or school personnel who believes he or she has been the victim of
sexual harassment or the victim of discrimination, harassment or retaliation
based on race, color, national origin or disability by a student, school
personnel or a third party should report the alleged discrimination, harassment
or retaliation to one of the compliance officers designated in this policy or to
any school personnel. The alleged discrimination, harassment or retaliation
should be reported as soon as possible, and the report generally should be made
within fifteen (15) school days of the occurrence. Further, any student who has
knowledge of conduct which may constitute prohibited discrimination, harassment
or retaliation should report such conduct to one of the compliance officers
designated in this policy or to any school personnel. Any school personnel who
have notice that a student or other school personnel may have been a victim of
prohibited discrimination, harassment or retaliation shall immediately report
the alleged discrimination, harassment or retaliation to one of the compliance
officers designated in this policy.
The reporting party should create the complaint in writing and may use any form
provided to him or her by the School District for that purpose, to make
complaints of discrimination, harassment or retaliation. However, oral reports
and other written reports shall also be accepted. The complaint should be filed
with either the building principal or one of the compliance officers designated
in this policy. Any complaint that involves the compliance officer or principal
shall be reported to the Superintendent.
The complaint and identity of the complainant and alleged violator or harasser
will be disclosed only to the extent necessary to fully investigate the
complaint and only when such disclosure is required or permitted by law.
Additionally, a complainant who wishes to remain anonymous shall be advised that
such confidentiality may limit the Monroe City School District's ability to
fully respond to the complaint.
2. Investigation
Upon receipt of a report of alleged prohibited discrimination, harassment or
retaliation, the compliance officer shall immediately authorize or undertake an
investigation. The investigation may be conducted by school personnel or a third
party designated by the Monroe City School District. The investigation shall be
completed as soon as practicable, which generally should be not later than 14
calendar days after receipt of the report by the compliance officer. Upon
receiving the complaint, the compliance officer shall acknowledge receipt of the
complaint by giving written notice that the complaint has been received to both
the person complaining of discrimination, harassment or retaliation and the
person accused of discrimination, harassment or retaliation. Also, upon
receiving the complaint, the compliance officer shall determine whether interim
measures should be taken pending the outcome of the investigation. Such interim
measures may include, but are not limited to, separating the alleged violator or
harasser and the complainant and, in cases involving potential criminal conduct,
determining whether law enforcement officials should be notified. If the
compliance officer determines that more than 14 days will be required to
investigate the complaint, the complainant and the accused shall be notified of
the reason for the extended investigation and of the date by which the
investigation will be concluded. If the alleged discrimination, harassment or
retaliation may also constitute child abuse, then it must be reported to local
law enforcement and other regulatory or oversight agencies of the State.
The investigation may consist of personal interviews with the complainant, the
alleged violator or harasser, and any others who may have knowledge of the
alleged discrimination, harassment, retaliation or other circumstances giving
rise to the complaint. The investigation may also consist of the inspection of
any other documents or information deemed relevant by the investigator. The
Monroe City School District shall take necessary steps to protect the
complainant and others pending the completion of the investigation.
In determining whether alleged conduct constitutes a violation of this policy,
the Monroe City School District shall consider, at a minimum: (1) the
surrounding circumstances; (2) the nature of the behavior; (3) past incidents or
past or continuing patterns of behavior; (4) the relationship between the
parties: (5) how often the conduct occurred; (6) the identity of the alleged
perpetrator in relation to the alleged victim (i.e. whether the alleged
perpetrator was in a position of power over the alleged victim); (7) the
location of the alleged discrimination, harassment or retaliation; (8) the ages
of the parties and (9) the context in which the alleged incidents occurred.
Whether a particular action or incident constitutes a violation of this policy
requires a case-by-case determination based on all of the facts and
circumstances revealed after a complete and thorough investigation.
The compliance officer shall issue a written report to the superintendent upon
completion of the investigation. If the complaint involves the Superintendent,
then the report shall be sent to the School District. The report shall include a
determination of whether the allegations are substantiated, whether this policy
was violated and recommendations for corrective action, if any.
All employees shall cooperate with any investigation of alleged discrimination,
harassment or retaliation conducted under this policy or by an appropriate state
or federal agency.
3. Action by Superintendent
Within 5 calendar days of receiving the compliance officer's report, the
Superintendent or his designee shall issue a decision regarding whether this
policy was violated. This decision must be provided in writing to the
complainant and the alleged perpetrator. If the Superintendent or his designee
determines that prohibited discrimination, harassment or retaliation occurred,
the School District shall take prompt, appropriate action to address and remedy
the violation as well as prevent any recurrence. Such action may include
discipline up to and including expulsion or discharge. Whether or not the
Superintendent or his designee determines that prohibited discrimination,
harassment or retaliation occurred, the Superintendent or his designee may
determine that school-wide or division-wide training be conducted or that the
complainant receives counseling.
4. Appeal
If the Superintendent or his designee determines that no prohibited
discrimination, harassment or retaliation occurred, the employee or student who
was allegedly subjected to discrimination, harassment or retaliation may appeal
this finding to the School Board within 5 calendar days of receiving the
decision. Notice of appeal must be filed with the Superintendent who shall
forward the record to the School Board. The School Board shall make a decision
within 30 calendar days of receiving the record. The School Board may ask for
oral or written argument from the aggrieved party and the superintendent and any
other individual the School Board deems relevant. If the Superintendent or his
designee determines that prohibited discrimination, harassment or retaliation
occurred and discipline is imposed, the disciplined person may appeal the
disciplinary sanction in the same manner as any other such sanction would be
appealed.
Employees may choose to pursue their complaints under this policy through the
school district's employee grievance procedure or other procedures established
for reporting discrimination, harassment or retaliation instead of the complaint
procedure in this policy.
5. Compliance Officer and Alternate Compliance Officer
The Monroe City School District has designated the Superintendent of Schools,
James A. Dupree, Ed.D., 2101 Roselawn Avenue; Monroe, Louisiana 71201; (318)
325-0601 (Ext. 3002) as the Compliance Officer responsible for identifying,
preventing and remedying prohibited discrimination, harassment or retaliation.
In addition to the Superintendent, the Executive Director of Human Resources,
Betty Carroll, 2101 Roselawn Avenue; Monroe, Louisiana 71201; (318) 325-0601
(Ext. 3005 ) and the Section 504 Coordinator, Sallie Sutherland, 4600 Central
Avenue; Monroe, Louisiana 71203 (318) 388-3747 (Ext. 3051), are designated as
Compliance Officers to whom reports of discrimination, harassment or retaliation
may be made. In addition, complaints may be directed to the school principal at
any school where the prohibited conduct is alleged to have occurred.
The Superintendent and those persons designated above as Compliance Officers
shall:
receive reports or complaints of discrimination, harassment or retaliation;
oversee the investigation of any alleged discrimination, harassment or
retaliation;
assess the training needs of the Monroe City School District in connection with
this policy;
arrange necessary training to achieve compliance with this policy;
insure that any discrimination, harassment or retaliation investigation is
conducted by an impartial person who is trained in the requirements of equal
employment/education opportunity, including the authority to protect the alleged
victim and others during the investigation.
B. Informal Procedure
If the complainant and the person accused of discrimination, harassment or
retaliation agree, the student's principal may arrange for them to resolve the
complaint informally with the help of a counselor, teacher, or administrator.
If the complainant and the person accused of discrimination, harassment or
retaliation agree to resolve the complaint informally, they shall each be
informed that they have the right to abandon the informal procedure at any time
in favor of the initiation of the Formal Procedures set forth herein. The
Superintendent, any other Compliance Officer concerned in the matter, or the
School District shall notify the complainant and the person accused of
discrimination, harassment or retaliation in writing when the complaint has been
resolved. The written notice shall state whether the prohibited discrimination,
harassment or retaliation occurred.
V. Retaliation
Retaliation against students, school personnel or any other persons who report
discrimination or harassment or participate in any related proceedings to
protect the rights of any person that is the subject of a report of
discrimination or harassment is prohibited. The School District shall take
appropriate action against students, school personnel or any other persons who
retaliate against any student, school personnel or any other person who reports
alleged discrimination or harassment or participates in related proceedings to
protect the rights of any person that is the subject of a report of
discrimination or harassment prohibited by this policy.
VI. Right to Alternative Complaint Procedure
Nothing in this policy shall deny the right of any individual to pursue other
avenues of recourse to address concerns relating to prohibited discrimination,
harassment or retaliation, including initiating civil action, filing a complaint
with outside agencies, seeking redress under state or federal law, or other
avenues of redress available in other policies of the School District.
VII. Prevention and Notice of Policy
Training to prevent sexual harassment and to prevent discrimination, harassment
or retaliation based on race, color, national origin or disability should be
included in employee and student orientations as well as employee in-service
training.
This policy shall be (1) displayed in prominent areas of each building in a
location accessible to students, parents and school personnel, (2) included in
the student and employee handbooks; and (3) sent to parents of all students
within 30 calendar days after completion, and within 30 days of the start of
school for each year hereafter. Further, all students and their
parents/guardians and employees shall be notified annually of the names and
contact information of the compliance officers.
VIII. False Charges
Students or school personnel who knowingly make false charges of discrimination,
harassment or retaliation shall be subject to disciplinary action as well as any
civil or criminal legal proceedings.