This page is no longer active. | R 1310 Freedom from Discrimination, Harassment, and Retaliation

Home

R 1310 Freedom from Discrimination, Harassment, and Retaliation

This Regulation outlines the responsibilities of the compliance officer and provides mechanisms for the resolution of grievances/complaints by employees, patrons, and/or students relating to discrimination, harassment, and/or retaliation as provided in Board Policy 1310.  For appeal procedures relating to the identification, evaluation, or placement of students under Section 504, see Regulation 2110 – Equal Education Opportunity.

Definitions

Compliance Officer – The administrator responsible for implementing this Policy and Regulation, including the alternative compliance officer when he or she is performing the duties of the compliance officer.

Day – A calendar day. 

Discrimination – Any unfair treatment, conferring benefits upon, refusing or denying benefits to, or providing other differential treatment to an individual or class of individuals based on race, color, religion, disability, age, sex, gender, national origin, or any other characteristic protected by law, or based on a belief that such a characteristic exists.

District/School District – The Kingsville R-I School District.

Grievance – A complaint alleging a violation of (1) any District policy, procedure, or practice covered by Title IX or Section 504, or (2) other federal or state civil rights laws, rules, and regulations or Board of Education policy prohibiting discrimination on the basis of race, color, religion, disability, age, sex, gender, national origin, other than a complaint regarding a student’s identification, evaluation, or placement under Section 504.  (The topics of the identification, evaluation, and placement of students under Section 504 are addressed in the following separate District policies and regulations:  Policy 2110 – Equal Education Opportunity, and Policy and Regulation 6250 – Instruction for Students with Disabilities.)

Grievant – Any student, parent/guardian, employee, or patron of the District who submits a grievance.  

Harassment – Any intimidation, ridicule, or other insulting or threatening verbal or physical conduct that is sufficiently severe or pervasive enough that it substantially or unreasonably alters the learning or workplace environment.  Conduct that could constitute illegal harassment includes, but is not limited to: graffiti, display of written material, pictures or electronic images, name calling, teasing or taunting, insults, slurs or derogatory remarks, jokes, gestures, threatening, intimidating, hostile acts, physical acts of aggression, assault or violence, theft, or damage to property, if such conduct is based on race, color, religion, disability, age, sex, gender, national origin, or any other characteristic protected by law, or based on a belief that such a characteristic exists.

Retaliation – Any discriminatory, harassing, or otherwise intimidating or threatening behavior directed at an individual who files a complaint of discrimination or harassment, or as a result of the individual’s cooperation or participation in related proceedings or investigations.

Section 504 – Section 504 of the Rehabilitation Act of 1973.

Sexual Harassment – A form of discrimination, as defined above, on the basis of sex.  Sexual harassment includes any unwelcome sexual advances, requests for sexual favors, sexually-motivated physical conduct, or other verbal or physical conduct or communication of a sexual nature when a) benefits or decisions are implicitly or explicitly conditioned upon submission to, or punishment is applied for refusing to comply with the advances, requests, or conduct of a sexual nature; or b) the learning or workplace environment becomes permeated with intimidation, ridicule, or insult that is based on sex or is sexual in nature and that it affects a student’s or employee’s ability to participate in or benefit from an educational or employment program or activity, or creates an intimidating, threatening, or abusive learning or workplace environment.  Sexual harassment may occur between individuals of the same or opposite sex or gender.  The District presumes that a student cannot consent to behavior of a sexual nature with an adult, regardless of the circumstance.

Title IX – Title IX of the Education Amendments of 1972.

Compliance Officer’s Responsibilities

The compliance officer or alternative compliance officer shall:

  1. Develop a systematic procedure for monitoring compliance and coordinate District compliance with Policy/Regulation 1310 and all applicable laws.
  2. Serve as the District’s designated Section 504, Americans with Disabilities Act (ADA), and Title IX coordinator, as well as the contact person for compliance with other discrimination laws.
  3. Receive all grievances regarding discrimination, harassment, and retaliation from students, parents/guardians, employees, and patrons of the District.
  4. Review all grievances and investigate or assign persons to investigate grievances.The compliance officer may delegate duties to building-level administrators, as appropriate.

Building-level administrators are in a unique position to identify and address discrimination, harassment, and retaliation between students, particularly when behaviors are reported through the disciplinary process and not through a grievance.

Building-level administrators will report all incidents of discrimination, harassment, and retaliation to the compliance officer for further assistance.The compliance officer may then determine that the incident has been appropriately addressed pursuant to this Policy and Regulation, or may recommend additional action in compliance with this Policy and Regulation.

  1. Monitor the status of grievances to ensure that additional discrimination, harassment, and retaliation do not occur, and recommend corrective actions and consequences.Oversee the grievance process, and maintain a record of all grievance matters filed, and solutions and/or actions taken by the District with respect to each grievance.
  2. Provide aggregate information regarding the number and frequency of grievances to the superintendent and/or Board as directed.
  3. Identify and address any patterns or systemic problems, including the uniform application of disciplinary consequences, and report such problems and patterns to the superintendent or the Board.
  4. Provide information about student, employee, parent, and patron rights as they relate to this Policy and Regulation.Ensure that annual notice of the compliance officer’s name, address, and telephone number is placed in school catalogs, handbooks, etc.Ensure the required public notice of Policy 1300 and Policy/Regulation 1310 is continuously publicized, as required by Policy 1300.
  5. Inform District personnel of the compliance officer’s responsibilities and assure periodic meetings and/or trainings to update staff on Section 504, the ADA, and Title IX policies, requirements, activities, and developments.
  6. Determine whether District employees with knowledge of discrimination, harassment, or retaliation failed to carry out their reporting duties, and recommend disciplinary action, if necessary.
  7. Provide ongoing review of District bulletins, catalogs, Board policies, counseling procedures, yearbooks, and administrative regulations and practices related to compliance with Section 504, the ADA, and Title IX.
  8. Review student-sponsored organizations and suggest criteria for compliance with Section 504, the ADA, and Title IX, as needed.
  9. Make recommendations regarding changing this Policy or implementation of this Policy, and seek legal advice when necessary to enforce this Policy.
  10. Become familiar with resource/information for assistance with LEA self-evaluation and remediation available from the Office for Civil Rights.
  11. Assure that cooperative training agreements and/or LEA contracts have appropriate nondiscrimination statements.
  12. Evaluate present practices relating to pregnant students and implementation thereof to determine compliance with Title IX regulations.
  13. Perform other duties as assigned by the superintendent.

General Provisions

Students, parents of elementary and secondary school students, employees, applicants for admission and employment, and sources of referral of applicants for admission and employment with the District have the right to file a formal complaint alleging noncompliance with regulations outlined in Section 504, the ADA, or Title IX.

The grievance procedures herein do not deny the right of the grievant to file formal complaints with other appropriate state or federal agencies, such as the Missouri Human Rights Commission, United States Department of Education Office for Civil Rights, or the Equal Employment Opportunity Commission.  Similarly, these procedures do not deny any right of the grievant to seek private counsel for complaints alleging discrimination.

Reporting

Persons who believe that they have been discriminated, harassed, and/or retaliated against in violation of Board Policies/Regulations should report the alleged discrimination, harassment and/or retaliation to the compliance officer, unless the compliance officer is unavailable or is the subject of a report.  In that case, the report should be made directly to the alternative compliance officer (see Board Policy 1310). 

All persons must report incidents or behaviors that could constitute discrimination, harassment, or retaliation under this policy directly to the compliance officer or alternative compliance officer.  All District employees shall instruct all persons seeking to make a grievance to communicate directly with the compliance officer.  District employees are required to report any observations or other information regarding actions prohibited by this Policy to the compliance officer for investigation. 

If a verbal grievance is made, the person will be asked to submit a written complaint to the compliance officer.  If such person refuses or is unable to submit a written complaint, the compliance officer will summarize the verbal complaint in writing. 

Even if a grievance is not directly filed, if the compliance officer otherwise learns about possible discrimination, harassment, or retaliation, the District will conduct a prompt, impartial, adequate, reliable, and through investigation to determine whether unlawful conduct occurred and will implement the appropriate interim measures, if necessary.  The District may take action upon finding a violation of law, District policy, or District expectations even if a grievance is not directly filed.  Any attempts to voluntarily resolve a grievance will not delay the investigation once a report has been made to the District.

Investigation

The District will promptly investigate all grievances, even if an outside enforcing agency (such as law enforcement, Children’s Division, or the Office for Civil Rights) is also investigating a complaint arising from the same circumstances.  All individuals are required to cooperate fully in any grievance investigation.  The compliance officer or other designated investigator may utilize an attorney or other professionals to conduct the investigation, as needed.  The compliance officer’s obligation to conduct this investigation shall not be extinguished by the fact that a criminal investigation involving the same or similar allegations is also pending or has been concluded.

In determining whether an alleged incident or behavior constitutes discrimination, harassment, or retaliation in violation of Board Policy 1300 and/or 1310, the District will consider the surrounding circumstances, the nature of the behavior, victim and witness statements, the relationships between all parties involved, prior incidents and behaviors, the context in which the alleged incident or behavior occurred, and all other relevant information.  Whether a particular incident or behavior constitutes a violation of Board policy requires a determination based on all available facts and surrounding circumstances. 

Investigation timelines are aspirational and may be shortened or extended at the discretion of the compliance officer or alternative compliance officer.  The grievant will be notified in the event that a deadline under this policy is extended.

If, after investigation, it is determined that it is more likely than not (preponderance of the evidence standard) that discrimination, harassment, and/or retaliation in violation of Policies 1300 and/or 1310 occurred, the District will promptly and appropriately discipline any student, teacher, administrator, or other school personnel who is found to have violated Board Policy 1300 and/or 1310, and/or take other appropriate corrective action reasonably calculated to end the harassment, discrimination, and/or retaliation.

Grievance Process

No student or employee of the District shall intimidate, harass, or retaliate against any person filing a grievance or any person participating in the investigation or resolution of a grievance.  Upon receiving a grievance, and after consultation with the compliance officer, the District may implement interim measures as described in this policy as necessary to prevent further potential discrimination, harassment, or retaliation during the pending investigation.  

If the individual designated to hear a grievance or appeal pursuant to this process is the subject of the grievance, the compliance officer may designate an alternative person to hear the grievance, or the next highest step of the grievance process may be used, at the discretion of the compliance officer or alternative compliance officer. 

Failure of the grievant to appeal a decision within the timelines provided by this policy will be considered acceptance of the findings and any corrective action taken.

Level I:  Compliance Officer

A grievance is filed with the District’s compliance officer.  The complaint shall state the nature of the grievance, the remedy requested, and the grievant’s signature and date of the grievance.  The grievant may request that a meeting concerning the complaint be held with the compliance officer.  A minor student may be accompanied by a parent or guardian at any such meeting. 

The compliance officer may, at his or her discretion, delegate the investigation to a building-level administrator or other appropriate supervisor. 

Upon receipt of the grievance, an investigation shall begin promptly, but no later than ten (10) calendar days after the compliance officer receives the grievance.  The compliance officer or his/her designee shall conduct a prompt, impartial, adequate, reliable, and thorough investigation, including the opportunity for the grievant and other parties involved to identify witnesses and provide information and other evidence.  The compliance officer or designee will evaluate all relevant information and documentation related to the grievance.

The investigation shall be completed and a written report filed no later than forty-five (45) calendar days from the date of receipt of the grievance.  The written report shall include a determination of whether the allegations have been substantiated as factual and as a violation of Board Policy/Regulation 1310 by a preponderance of the evidence.  If a violation of Board Policy/Regulation 1310 is found, the compliance officer or designee’s report will also recommend corrective action to address the discrimination, harassment, or retaliation, to prevent recurrence, and to remedy its effects. 

The grievant, the victim (if someone other than the victim filed the grievance), and any alleged perpetrator will be notified in writing, within seven (7) days of the completion of the written report, regarding whether the District’s compliance officer or designee determined that the District’s Policy 1300 and/or 1310 was violated.

Level II:  Superintendent

Within ten (10) days after issuance of the Level I decision, the grievant, the victim (if someone other than the victim filed the grievance), or any alleged perpetrator may appeal the compliance officer’s decision to the superintendent by notifying the superintendent in writing.  The superintendent may, at his/her discretion, designate another person to review the matter when appropriate.  A written decision will be rendered by the superintendent or his/her designee within fourteen (14) days after receiving the written appeal, stating whether a violation of Board Policy/Regulation 1300 and/or 1310 was found, and if so, stating what corrective actions will be implemented.

The grievant, the victim (if someone other than the victim filed the grievance), and any alleged perpetrator will be notified in writing, within seven (7) days of the completion of the written report, of the superintendent or designee’s findings.

Level III:  Board of Education

Within ten (10) days after issuance of the Level II decision, the grievant, the victim (if someone other than the victim filed the grievance), or any alleged perpetrator may appeal the superintendent or designee’s decision to the Board of Education by notifying the Board secretary in writing.  The grievant and any alleged perpetrator may be permitted to address the Board, at the Board’s discretion, and the Board may call for the presence of other persons as deemed necessary.  The Board will issue a written decision within fourteen (14) days of the Board’s next regularly scheduled meeting regarding whether a violation of Board Policy/Regulation 1300 and/or 1310 was found, and if so, stating what corrective actions will be implemented.  The Board secretary will give the compliance office or alternative compliance officer a copy of the appeal and Board’s decision.

The grievant, the victim (if someone other than the victim filed the grievance), and any alleged perpetrator will be notified in writing, within seven (7) days of the completion of the Board’s written decision, of the Board’s findings.  The decision of the Board is final.

Confidentiality

To the extent permitted by law and in accordance with Board Policy, the District will keep confidential the identity of the grievant and any grievance or other document that is generated or received pertaining to grievances.  Information may be disclosed if necessary to further the investigation, appeal, or resolution of a grievance, or if necessary to carry out disciplinary procedures. 

The District may contact law enforcement or seek a court order to enforce this Policy when necessary, or when actions may constitute criminal behavior. 


Last Updated: October 2018