Board of Education Non-Discrimination Policy- Administrative Regulation

Fayetteville-Manlius Board of Education Policy

Section

2000

Title

Non-Discrimination and Sexual Harassment - Admin. Reg.

Number

2100A

Non-Discrimination and Sexual Harassment

NON-DISCRIMINATION AND SEXUAL HARASSMENT

It is the It is It is the policy of It is the policy of the Fayetteville-Manlius Central School District that there be no discrimination against or in favor of any District student, employee or job applicant on the basis of age, gender or sexual orientation, race, ethnic background, religion, creed, country of origin, marital status, disability, or on other basis in accordance with the Individuals with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, Title IX, and other federal or state laws.

In keeping with this policy, the District does not tolerate harassment ordiscrimination againstanyone in one of the aforementioned protected groups. All employees and students must avoid such harassment or discrimination, and are responsible for assuring that the schools are free from such harassment ordiscriminationat all times. Any employee or student who feels he or she is a victim of any such act of discrimination or harassment may file a complaint under this policy with the Equal Opportunity Coordinator. A finding that an employee or student has engaged in conduct constituting such harassment or discriminationmay result in disciplinary action against such employee or student in the manner prescribed by law.

Sexual Harassment

The Fayetteville-Manlius Central School District sexual harassment policy prohibits unwelcome sexual advances, requests for sexual favors, threats and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment, or (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such has the purpose or effect of unreasonably interfering with an individual's performance, or creating an intimidating, hostile, or offensive environment. Examples of conduct that may be interpreted as sexual harassment include, but are not limited to, lewd or sexually suggestive comments; off-color language; jokes of a sexual nature; sexual slurs and other verbal, graphic or physical conduct relating to an individual's gender or sexual orientation; and the display of sexually-explicit pictures, greeting cards, articles, books, magazines, photographs, or cartoons.

Investigative Procedure

Complaints of prohibited harassment or any other types of discrimination, including alleged violations of Title IX of the Education Amendments of 1972, and of Section 504 of the Rehabilitation Act of 1973, will be promptly and thoroughly investigated.

Equal Opportunity Coordinator

Any employee or student who has a complaint of harassment or discrimination by anyone, including supervisors, co-workers, teachers, fellow students or visitors, should immediately bring the problem to the attention of the Assistant Superintendent for Personnel, who serves as the District’s Equal Opportunity Coordinator, referred to in this policy as the “Coordinator.” In the event the complaint is directed against the Assistant Superintendent for Personnel, the complaint should be brought to the attention of the Superintendent, who then shall serve as the Equal Opportunity Coordinator.

Complaints

A written complaint should be filed with the Coordinator, specifying the name of the person or persons perpetrating the alleged harassment or discrimination, the date, place and details of each act of alleged harassment or discrimination. After receipt of such a written complaint, the Coordinator, after consultation with counsel when appropriate, will initiate an investigation of the matters asserted in the complaint. For students, this investigation may be conducted by the Coordinator or the building administrator. In the event the complainant is not willing to sign a written statement, but necessary details can be ascertained by the Coordinator, the Coordinator shall, nevertheless, investigate the matter, to the extent reasonably possible, in order to determine the validity of the charges and initiate appropriate remedial action.

Interviewing Potential Witnesses

The Coordinator's investigation will include interviews with all relevant persons, including the complainant, the accused, and other potential witnesses. The Coordinator, whenever possible, should initiate the investigation by interviewing the complainant, and asking the complainant for the names of the witnesses and corroborating details. In cases where the complainant prefers to speak to someone of the same sex about the alleged harassment, every attempt will be made to find a suitable person to conduct this interview.

At the conclusion of the interview, the Coordinator, or other person who conducts the interview, will prepare a report based on the interview of the complainant. The Complainant will be asked to review the report and sign it, if it is deemed accurate. Where the complainant alleges the report is not accurate, changes will be made so that the report reflects the complainant's position as to what allegedly occurred. If the complainant still refuses to sign the report, the Coordinator will ascertain the reason and indicate this on the report.

The Coordinator will then interview corroborating witnesses, if any; investigate any corroborating details specified by the complainant; and obtain any additional, available documentary evidence relevant to the complaint. The Coordinator will follow the same procedure, in taking the statements of corroborating witnesses, as was followed in taking the statement from the complainant.

The Coordinator will then interview each person accused of engaging in the discrimination or harassment, and will also make a written report of this interview or interviews.

Final Report

At the conclusion of the investigatory process, a draft final report will be made of the investigation by the Coordinator. This report shall be issued to the Superintendent. After consultation with counsel when appropriate, this report will detail the Coordinator's conclusions as to witnesses' credibility and the likelihood of the acts occurring as they are alleged to have occurred.

Reprisals

No school employee or student shall take any reprisals or retaliate against any complainant or other person because he/she has filed a complaint, opposed discrimination or harassment, or cooperated in any investigation hereunder.

Corrective Action

If the investigation reveals that the complaint is valid, immediate and appropriate corrective action will be taken to stop the discrimination or harassment, and to prevent its recurrence. Disciplinary action against an employee or student guilty of discrimination or harassment, where warranted, shall be taken in a manner consistent with the Education Law, Civil Service Law, and any applicable collective bargaining agreement. The complainant shall be notified of the results of the investigation, and of any final remedial action taken. Corrective action for students will be determined by the building administrator.

Publication of the Policy

This policy will be distributed on a yearly basis to both employees and students, and shall be placed in any employee or student handbook that deals with the subject of employee or student conduct and discipline.

In addition, the following non-discrimination statement shall be published in the district annual handbook, September F-M News, Special Education Handbook, and all student and staff handbooks:

"The Fayetteville-Manlius School District does not discriminate on the basis of age, gender, sexual orientation, race, ethnic background, religion, creed, country of origin, marital status, or disability in the educational programs and activities which it operates. The School District will identify, evaluate and provide an appropriate public education to students who are handicapped and/or disabled within the meaning of Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act. Any parent who believes his or her child is disabled has the right to refer the child to the building principal for evaluation. No otherwise qualified individual with a disability solely on the basis of that disability, shall be denied benefits of, or be subject to, discrimination from any program or activity of the District. Any parent who believes his or her child has been denied the benefits of an appropriate education as a result of discrimination based on disability should contact the Building Principal or Assistant Superintendent for Personnel. Moreover, any person who believes his or her rights have been violated should contact the Assistant Superintendent for Personnel (692-1212)."


Reviewed and Revised:
February 10, 1992
April 1, 1993
May 27, 1993
November 8, 1993
January 8, 1996
March 8, 1999
March 10, 2003

Revised:
September 27, 2005
March 3, 2010






 








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