File: GB

EQUAL EMPLOYMENT OPPORTUNITY/

NON-DISCRIMINATION

I. Policy Statement

It is the policy of the Rockingham County School Board to comply with all applicable state and federal laws regarding non-discrimination in employment and educational programs and services. It is an equal opportunity employer and educational agency.

The Rockingham County School Board will not discriminate in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment or in educational programs and services on the basis of race, color, national origin, religion, sex (including pregnancy), gender, marital or economic status, age, disability, genetics, or veteran status and prohibits retaliation against anyone who files a complaint of discrimination, participates in such a proceeding, or otherwise opposes discrimination.

II. Notice of Policy/Prevention

This non-discrimination statement shall be posted in prominent areas of each school division building, and provided to any employee or candidate for employment upon request.

III. Complaint Procedure

A. File Report.

Any person who believes that they have not received equal employment opportunities should report the alleged discrimination to one of the compliance officers designated in this policy. Any employee who has knowledge of conduct which may constitute prohibited discrimination shall report such conduct to one of the compliance officers designated in this policy.

The reporting party should use the form, GB-F, to make complaints of discrimination. However, oral reports and other written reports will also be accepted. The complaint must be filed with one of the compliance officers designated in this policy.

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Any complaint that involves the compliance officer shall be reported to the Superintendent. Any complaint that involves the Superintendent shall be reported to the Chairperson of the School Board.

The complaint and the identity of the complainant and the person or persons allegedly responsible for the discrimination will be disclosed only to the extent necessary to fully investigate the complaint and only when such disclosure is required or permitted by law. A complainant who wishes to remain anonymous will be advised that anonymity may limit the school division’s ability to fully respond to the complaint.

B. Investigation

Upon receipt of a report of alleged discrimination, 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 school division. The investigation shall be completed as soon as practicable, after receipt of the report of alleged discrimination by the compliance officer.

The investigation may consist of personal interviews with the complainant, the person(s) alleged to have violated the policy and any others who may have knowledge of the alleged discrimination or the 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 school division shall take necessary steps to protect the complainant and others pending the investigation.

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 Board. 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 conducted under this policy or by an appropriate state or federal agency.

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C. Action by the Superintendent

After receiving the compliance officer’s report, the Superintendent shall issue a written decision regarding (1) whether this policy was violated and (2) what action if any should be taken. This written decision must be provided to the complainant. If the Superintendent concludes that prohibited discrimination occurred, the Rockingham County School Division 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 dismissal.

D. Appeal

If the superintendent determines that no prohibited discrimination occurred, the person who was allegedly subjected to discrimination 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.

Employees may choose to pursue their complaints arising under this policy through the relevant employee grievance procedure instead of the complaint procedure in this policy.

E. Compliance Officer and Alternate Compliance Officer

The Rockingham County School Board has designated the Executive Director of Human Resources as the Compliance Officer responsible for identifying, investigating, preventing and remedying prohibited discrimination. Complaints of discrimination may also be made to the Division Superintendent. The Compliance Officer shall:

1. receive reports or complaints of discrimination;

2. oversee the investigation of any alleged discrimination;

3. assess the training needs of the school division in connection with this policy;

4. arrange necessary training to achieve compliance with this policy;

5. insure that any discrimination investigation is conducted by an impartial investigator.

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IV. Retaliation

Retaliation against anyone who files a complaint of discrimination, participates in such a proceeding, or otherwise opposes discrimination is prohibited. The School division shall take appropriate action against any employee who retaliates against another employee or candidate for employment who reports alleged discrimination or participates in related proceedings.

V. 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 including initiating civil action, filing a complaint with outside agencies or seeking redress under state or federal law.

VI. False Charges

Employees who knowingly make false charges of discrimination may be subject to disciplinary action.

  Adopted:

Legal Refs.: 20 U.S.C. § 1681 et. seq.

29 U.S.C. § 701

42 U.S.C. § 6101 et. seq., 2000e-2 et. seq., and 12101 et. seq.

Cross Ref: AC Nondiscrimination

GBA Sexual Harassment/Harassment Based On Race, Color, National Origin, Religion, Sex (Including Pregnancy), Gender, Marital Or Economic Status, Age, Disability, Genetics, Or Veteran Status and Retaliation Against Anyone Who Files A Complaint Of Discrimination, Participates In Such A Proceeding, or Otherwise Opposes Discrimination

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