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Policies

1122 - NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

  1. General Statement

    The School Board does not discriminate (including anti-Semitism [as defined in Bylaw 0100]) on the basis of race, ethnicity, color, national origin, sex (including sexual orientation, transgender status, or gender identity), recognized disability, pregnancy, marital status, age (except as authorized by law), religion, military status, ancestry, or genetic information which are classes protected by State and/or Federal law (collectively, "protected classes") in its programs and activities, including employment opportunities.

    It is the legal obligation and the policy of the Board to employ only those persons who are best qualified, with or without reasonable accommodations.

    Further, nothing in this policy shall be construed to abridge the rights of students or school employees that are protected by the First Amendment to the Constitution of the United States;
     
  2. District Compliance Officer(s)

    The Superintendent shall appoint compliance officer(s) whose responsibility it will be to require that Federal and State regulations are complied with and that any inquiries or complaints are dealt with promptly in accordance with law. The Superintendent shall also require that proper notice of nondiscrimination for Title II, Title VI, and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendment Act of 1972, Section 504 of the Rehabilitation Act of 1973, Americans with Disabilities Act of 1990, and the Age Discrimination in Employment Act will be provided to staff members and the general public. Any sections of the District's collectively-bargained, negotiated agreements dealing with hiring, promotion, and tenure will contain a statement of nondiscrimination similar to that in the Board's statement above;
     
    1. ​​​​​​Compliance Officer(s)

      The Board designates the following persons to serve as the District's "Compliance Officer(s)" (also known as "Civil Rights Coordinators"; hereinafter referred to as the "COs"):

      Patrick Keegan
      Assistant Superintendent for Human Resources and Employee Relationships
      941-255-0808 ext. 3122
      1445 Education Way
      Port Charlotte, Florida 33948
      patrick.keegan@yourcharlotteschools.net

      Adrienne McElroy
      Director of Human Resources
      941-255-0808 ext. 3044
      1445 Education Way
      Port Charlotte, Florida 33948
      adrienne.mcelroy@yourcharlotteschools.net;

       
    2. Section 504 Compliance Officer/ADA Coordinator

      The Board designates the following individual(s) to serve as the District's Section 504 Compliance Officer/ADA Coordinator:


      Rebecca Marazon
      Coordinator of Psychological Services
      (941) 255-0808, Ext 3071
      1445 Education Way
      Port Charlotte, FL 33948
      rebecca.marazon@yourcharlotteschools.net;
       
    3. Title IX Coordinator

      The Board designates the following individual(s) to serve as the District's Title IX Coordinator:


      Patrick Keegan
      Assistant Superintendent for Human Resources and Employee Relationships
      941-255-0808 ext. 3122
      1445 Education Way
      Port Charlotte, Florida 33948
      patrick.keegan@yourcharlotteschools.net

      Adrienne McElroy
      Director of Human Resources
      941-255-0808 ext. 3044
      1445 Education Way
      Port Charlotte, Florida 33948
      adrienne.mcelroy@yourcharlotteschools.net;

       
    4. Publication Required

      The name(s), title(s), and contact information of this/these individual(s) will be published annually in the School District Annual Report to the public and/or on the School District's website;

       
  3. Complaint Procedures

    If an employee believes that s/he has been subjected to unlawful discrimination, s/he may utilize the following complaint procedures as a means of reaching, at the lowest possible administrative level, a prompt and equitable resolution of the matter. Nothing contained in this policy is intended to interfere with the rights of any individual to pursue a complaint of unlawful harassment or retaliation with the U.S. Department of Education's Office for Civil Rights ("OCR"), the Florida Commission on Human Relations ("FCHR"), or the Equal Employment Opportunity Commission ("EEOC").

    In accordance with Federal and State law, employees will be notified of their right to file an internal complaint regarding an alleged violation, misinterpretation or misapplication of Federal and/or State law. In addition, employees will be notified of their right to file a complaint with the OCR, FCHR, or EEOC.

    Internal complaints must be in writing and identify the specific circumstances or areas of dispute that have given rise to the complaint, and offer possible solutions to the dispute. The complaint must be filed with a compliance officer within the time limits specified below. The compliance officer is available to assist individuals in filing a complaint.


    Internal Complaint Procedure

    The following internal complaint procedure is available to employees for the prompt and equitable resolution of complaints alleging discrimination that is prohibited in this policy . This complaint procedure is not available to unsuccessful applicants. Use of the internal complaint procedure is not a prerequisite to the pursuit of other remedies, including the filing of a complaint with the OCR, FCHR, or EEOC.
     
    1. The right of a person to a prompt and equitable resolution of the complaint shall not be impaired by the person’s pursuit of other remedies. Use of this internal complaint procedure is not a prerequisite to the pursuit of other remedies;
       
    2. The employee may be represented, at his/her own cost, at any of the above-described meetings/hearings;
       
    3. The Superintendent will render his/her decision within ten (10) work days of the hearing;
       
    4. The Superintendent will, within ten (10) work days of receiving the written appeal, conduct a hearing with all parties involved in an attempt to resolve the complaint;
       
    5. The compliance officer will conduct an independent investigation of the matter (which may or may not include a hearing). This complaint procedure contemplates informal, but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to present witnesses and other evidence relevant to the complaint. The compliance officer will provide the complainant with a written disposition of the complaint within ten (10) work days. If no decision is rendered within ten (10) work days, or the decision is unsatisfactory in the opinion of the complainant, the employee may file, in writing, an appeal with the Superintendent;
       
    6. If the informal discussion does not resolve the matter, or if the employee skips Step A, the individual may file a formal written complaint with the compliance officer. The written complaint must contain the name and address of the individual or representative filing the complaint, be signed by the complainant or someone authorized to sign for the complainant, describe the alleged discriminatory action in sufficient detail to inform the compliance officer of the nature and date of the alleged violation, and propose a resolution. The complaint must be filed within thirty (30) calendar days of the circumstances or event giving rise to the complaint unless the time for filing is extended by the compliance officer for good cause;
       
    7. An employee with a complaint based on alleged discrimination may first discuss the problem with the compliance officer;

If it is determined that the complainant was subjected to unlawful discrimination, the CO must identify what corrective action will be taken to stop, remedy, and prevent the recurrence of the discrimination/retaliation. The corrective action should be reasonable, timely, age-appropriate and effective, and tailored to the specific situation;

  1. Filing a Complaint with OCR/FCHR /EEOC

    At any time, if an employee believes that s/he has been subjected to unlawful discrimination, s/he individual may file a complaint with the OCR, FCHR, or EEOC;
     
  2. Retaliation

    Retaliation against a person who makes a report or files a complaint alleging unlawful discrimination, or participates as a witness in an investigation, is prohibited. Specifically, the Board will not discriminate/retaliate against, coerce, intimidate, threaten or interfere with any individual because the person opposed any act or practice prohibited by this policy, or because that individual made a charge, testified, assisted or participated in any manner in an investigation, proceeding, or hearing under those laws, or because that individual exercised, enjoyed, aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by those laws;
     
  3. Training

    The compliance officers will also oversee the training of employees in the District so that all employees understand their rights and responsibilities under Federal and State law, and are informed of the Board's policies and practices with respect to fully implementing and complying with the requirements of Federal and State law;
     
  4. Notice

    Notice of the Board's policy on nondiscrimination in employment practices and the identity of the compliance officers will be posted throughout the District, and published in the District's recruitment statements or general information publications as required by Federal and State law and this policy;
     
  5. Retention of Investigatory Records and Materials

    All individuals charged with conducting investigations under this policy shall retain all information, documents, electronically stored information ("ESI"), and electronic media (as defined in Policy 8315) created and received as part of an investigation, including, but not limited to;
     
    1. All written reports/allegations/complaints/statements;
       
    2. Narratives of all verbal reports/allegations/complaints/statements;
       
    3. A narrative of all actions taken by District personnel;
       
    4. Any written documentation of actions taken by District personnel;
       
    5. Written witness statements;
       
    6. Narratives of, notes from, or audio, video, or digital recordings of witness statements;
       
    7. All documentary evidence;
       
    8. E-mails, texts, or social media posts pertaining to the investigation;
       
    9. Contemporaneous notes in whatever form made (e.g., handwritten, keyed into a computer or tablet, etc.) pertaining to the investigation;
       
    10. Written disciplinary sanctions issued to students or employees and a narrative of verbal disciplinary sanctions issued to students or employees for violations of the policies and procedures prohibiting discrimination or harassment;
       
    11. Dated written determinations to the parties;
       
    12. Dated written descriptions of verbal notifications to the parties;
       
    13. Written documentation of any interim measures offered and/or provided to complainants, including no contact orders issued to both parties, the dates issued, and the dates the parties acknowledged receipt; and
       
    14. Documentation of all actions taken, both individual and systemic, to stop the discrimination or harassment, prevent its recurrence, eliminate any hostile environment, and remedy its discriminatory effects;

The information, documents, ESI, and electronic media (as defined in Policy 8315) retained may include public records and records exempt from disclosure under Federal and/or State law (e.g., student records).

 

The information, documents, ESI, and electronic media (as defined in Policy 8315) created or received as part of an investigation shall be retained in accordance with Policy 8310, Policy 8315, Policy 8320, and Policy 8330 for not less than three (3) years, but longer if required by the District's records retention schedule.

 

Revised 8/9/16

Revised 10/17/17

Revised 10/9/18

Revised 1/14/20

 

© Neola 2019

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