0521- Equal Opportunity Plan / Non-Discrimination

Nondiscrimination In compliance with regulations of Title VII of the Civil Rights Act 1964, Title IX of the Education Amendments of 1972 and Section 504 of the Rehabilitation Act of 1973, the Civil Rights Act of 1987 and the American With Disabilities Act, the Hamden Board of Education adopts the following Equal Employment Opportunity and Equal Education Opportunity Policies.

Both federal and state law prohibit discriminatory practices in hiring and employment. It is the policy of the Hamden Board of Education to prohibit acts of discrimination in all matters dealing with employees and applicants for positions with the school district and to further the principle of equal employment opportunity in all actions affecting employees and applicants. As an equal opportunity employer, the Hamden Board of Education does not discriminate on the basis of race, color, religion, creed, age, marital status, national origin, ancestry, gender, sexual orientation, past or present history of mental disorder, mental retardation, or learning disability, regarding any individual who can perform the essential functions of the job with or without reasonable accommodations physical disability (including blindness) or other disability (except in the case of a bona-fide occupational qualification or need.)

Employee/or applicants shall not be discriminated against, including but not limited to, the areas of:

Hiring and Promotion

Compensation

Job Assignments

Leaves of Absence

Fringe Benefits

Labor Organization

Contracts or Professional Agreements

Equal Education Opportunity

Pursuant to the Individuals with Disabilities Education Act (IDEA), Americans With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973, no otherwise qualified individual with handicaps shall, solely by reason of such handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program of the Hamden Board of Education.

Every student has the right to participate fully in classroom instruction and extracurricular activities and shall not be abridged or impaired because of age, sex, race, religion, national origin, pregnancy, parenthood, marriage, or for any reason not related to his/her individual capabilities.

The Civil Rights Coordinator for the Hamden Board of Education has the responsibility to monitor the compliance of this policy. The names and location of the Civil Rights Coordinator and the Title IX Coordinator may be obtained from the Superintendent’s office.

Students shall not be discriminated against, including but not limited to, in the areas of:

Admission

Use of School Facilities

Vocational Education

Competitive Athletics

Student Rules, Regulations and Benefits

Financial Assistance

School-sponsored Extracurricular Activities

Enrollment in Courses

Counseling and Guidance

Physical Education

Graduation Requirements

Treatment as a Married and/or Pregnant Student

Health Services

Transportation Services

Most Other Aid, Benefits or Services

Sexual Harassment Sexual harassment has been established as a form of sexual discrimination and is defined as follows: "Any unwelcome sexual advances, requests for sexual favors, or 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 employment or participation in an educational function (2) submission or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting the individual or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work or educational performance or creating an intimidating, hostile or offensive working environment."

Examples of specific behaviors (that are unwanted and sexual in nature) that could constitute sexual harassment include, but not be limited to:

Touching

Verbal comments

Sexual name calling

Sexual rumors

Inappropriate public display

Too personal a conversation of affections

Corner/blocking

Gestures

Leers

Jokes/cartoons/pictures

Attempted rape/rape

Pulling at clothes

Harassing telephone calls

If you believe that you have been discriminated against in regard to either of the preceding policies, you may file a grievance that your rights have been denied or violated.

The names of the Title IX or Civil Rights Coordinator may be obtained from the Superintendent’s office.

Forms are available from our school principals or central office Title IX Officer. Contact with the Title IX Officer should take place within forty (40) calendar days of the alleged occurrence.

Discrimination Grievance Procedure

The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to problems which may arise concerning claims of discrimination. Evidence of reprisal against a complainant or witness shall be viewed as a violation of this policy.

Any person who wishes to inquire or to register a complaint concerning alleged discrimination in the Hamden Public Schools shall have an opportunity to bring such concerns to the attention of the Civil Rights Officers or Superintendent, who has the authority to resolve such complaints. The following grievance procedure shall be utilized by any student, parent or employee in making a complaint or inquiry. Officials shall be governed by this procedure.

Level I: The complainant shall discuss the alleged discriminatory act or practice with the Civil Rights Officers or the individual closest to the daily decision-making level. This will normally be a principal, teacher, counselor, department chairperson, head custodian, or cafeteria manager. If satisfaction cannot be achieved through informal discussion, the following procedure must be initiated.

Level II: The complainant shall, within forty (40) calendar days of the alleged incident, on forms provided, put the complaint in writing and file it with either of the Civil Rights Officers. Within five (5) working days a conference must be held. Within five (5) working days following the conference, the complaint must be resolved to the satisfaction of both parties or referred to the Superintendent of Schools. Within five (5) working days, the Civil Rights Officer shall notify the Superintendent and must notify the complainant of this notification. The Board will be apprised by the Superintendent of any grievance reaching Level II.

Level III: Within ten (10) working days after receipt of such complaint, the Superintendent must hold a hearing; and within five (5) working days of the hearing, resolve the complaint, negotiate a long-term solution or refer the matter to the Board of Education for consideration.

Level IV: The Board of Education, Superintendent and the Civil Rights Officers shall proceed in accordance with appropriate laws or regulations.

Legal Reference: Connecticut General Statutes

• 10-153 Discrimination on account of marital status.
• 46a-60 Discriminatory employment practices prohibited.
• Federal Law Title VII of the Civil Rights Act 1964 Section 504 and the Federal Vocational Rehabilitation Act of 1973, 20 U.S.C. 706(7)(b).
• American Disability Act of 1989.
• Chalk v. The United States District Court of Central California.
• Title IX of the Education Amendments of 1972.
• Civil Rights Act of 1987.
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Policy adopted: December 9, 1997

HAMDEN PUBLIC SCHOOLS Hamden, Connecticut

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Connecticut 0521 Form

REPORT FORM FOR COMPLAINTS OF DISCRIMINATION

Complainant: _________________________________________________________

Home Address: _______________________________________________________

Home Phone: _________________________________________________________

School building: _______________________________________________________

Date of Alleged Incident(s): _____________________________________________

Alleged harassment was based on: (Check all that apply.)

Race

Color

National Origin

Gender Disability

Religion

Ancestry

Age

Sexual Orientation

Name of person you believe violated the District’s nondiscrimination policy:

_____________________________________________________________

If the alleged discrimination was directed against another person, identify the other person:

_____________________________________________________________

Describe the incident as clearly as possible, including any verbal statements (i.e., threats, derogatory remarks, demands, etc.) and any actions or activities. Attach additional pages if necessary: __________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

When and where incident occurred: _________________________________________

List any witnesses who were present: ________________________________________

_____________________________________________________________

This complaint is based on my honest belief that _________________________________ has discriminated against me or another person. I certify that the information provided in this complaint is true, correct and complete to the best of my knowledge. 

Complainant’s Signature and Date _________________________________

Received By Date ________________________________________