Policy - ACAA-R
EFFECTIVE DATE: 2-4-16
CANCELS SHEET DATED: NEW
REPLACES POLICY: ACAA-RB
REVIEWED BY POLICY COMMITTEE: 12-16-15
STUDENT DISCRIMINATION AND HARASSMENT
This procedure has been adopted by RSU #74 Board in order to provide a method of prompt and equitable resolution of student complaints of discrimination or discriminatory harassment as described in policies AC – Nondiscrimination/Equal Opportunity and Affirmative Action and ACAA – Harassment and Sexual Harassment of Students.
For purposes of this procedure:
A. A “Complaint” is defined as an allegation that a student has been discriminated against or harassed on the basis of race, color, sex, sexual orientation, religion, ancestry, national origin, or disability; and
B. “Discrimination or harassment” means discrimination or harassment on the basis of race, color, sex, sexual orientation, religion, ancestry, national origin, or disability.
How to Make a Complaint
A. Any student who believes he/she has been discriminated against or harassed should report his/her concern promptly to the Building Principal. Students who are unsure whether discrimination or harassment has occurred are encouraged to discuss the situation with the Building Principal.
B. RSU #74 staff are expected to report possible incidents of discrimination or harassment of students. Parents and other adults are also encouraged to report any concerns about possible discrimination or harassment of students.
C. Students and others will not be retaliated against for making a complaint. Any retaliation by students or RSU #74 staff will result in disciplinary measures, up to and including expulsion or dismissal.
D. Students are encouraged to utilize RSU #74’s complaint procedure. However, students are hereby notified that they also have the right to report complaints to the Maine Human Rights Commission, 51 State House Station, Augusta, ME 04333 (telephone: 207-624-6050) and/or to the U.S. Department of Education, Office for Civil Rights/ED, 5 Post Office Square, Suite 900, Boston, MA 02109-3921 (telephone: 617-223-9622; TDD: 877-521-2172; fax: 617-289-0150).
Complaint Handling and Investigation
A. Building Principal shall promptly inform the Superintendent and the person(s) who is the subject of the complaint that a complaint has been received.
B. Building Principal may pursue an informal resolution of the complaint with the agreement of the parties involved. The informal resolution is subject to the approval of the Superintendent, who shall consider whether the informal resolution is in the best interest of RSU #74 in light of the particular circumstances and applicable policies and laws.
C. The complaint will be investigated by Building Principal, unless the Superintendent chooses to investigate the complaint or designates another person to investigate it on his/her behalf. Any complaint about an employee who holds a supervisory position shall be investigated by a person who is
not subject to that supervisor’s authority. Any complaint about the Superintendent should be submitted to the Chair of the RSU #74 School Board, who should consult with legal counsel concerning the handling and investigation of the complaint.
1. The person who is the subject of the complaint will be provided with an opportunity to be heard as part of the investigation.
2. If the complaint is against an employee of RSU #74, any applicable individual or collective bargaining contract provisions shall be followed.
3. Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws.
4. Building Principal shall keep a written record of the investigation process.
5. Building Principal may take interim remedial measures to reduce the risk of further discrimination or harassment while the investigation is pending.
6. Building Principal shall consult with the Superintendent concerning the investigation, conclusions, and any remedial and/or disciplinary actions.
7. The investigation shall be completed within twenty one (21) business days of receiving the complaint, if practicable.
D. If Building Principal determines that discrimination or harassment occurred, he/she shall, in consultation with the Superintendent:
1. Determine what remedial action is required, if any;
2. Determine what disciplinary action should be taken against the person(s) who engaged in discrimination or harassment, if any; and
3. Inform the student who made the complaint in writing of the results of the investigation and its resolution (in accordance with applicable state and federal privacy laws).
E. If the student’s parents/legal guardians are dissatisfied with the resolution, an appeal may be made in writing to the Superintendent within twenty one (21) business days after receiving notice of the resolution. The Superintendent shall review the investigation report and may conduct further investigation if deemed appropriate.
F. If the student’s parents/legal guardians are dissatisfied with the decision of the Superintendent, an appeal may be submitted to RSU #74 Board in writing within twenty one (21) business days after receiving notice of the decision. The RSU #74 Board will consider the appeal in executive session, to the extent permitted by law, at its next regular meeting or a special meeting. The Superintendent shall submit the investigation report and any other witnesses or documents that he/she believes will be helpful to the RSU #74 Board. The student, his/her parents/legal guardians and his/her representative shall be allowed to be heard. The person(s) against whom the complaint was made shall be invited and allowed to be heard. The RSU #74 Board’s decision shall be final.
Legal Reference: Americans with Disabilities Act (28 CFR § 35.07)
Section 504 of the Vocational Rehabilitation Act (34 CFR § 104.7)
Title IX of the Education Amendments of 1972 (20 USC § 1681 et seq.)
Title VI of the Civil Rights Act of 1964 (PL 88-352)
20 USC § 1232g; 34 CFR Part 99
5 MRSA §§ 4571; 4602; 4681 et seq.
20-A MRSA §§ 6001 et seq.
Cross Reference: AC - Nondiscrimination/Equal Opportunity and Affirmative Action
ACAA - Harassment and Sexual Harassment of Students