5010P: Nondiscrimination and Affirmative Action

 

A.    Nondiscrimination

The District is committed to a positive workplace environment that celebrates diversity and focuses on inclusion to create a culture of belonging that provides a healthy sense of well-being for staff, volunteers, and contractors. The Bellevue School District is committed to an educational and working environment free from discrimination and harassment as described in Policy 5010. 

This procedure is to be used in the district’s staff relationship with employment problems covered by state and federal equal employment opportunity laws and/or for the affirmative action plan. No complainant’s status with the district will be adversely affected in any way because the complainant utilized these procedures.  For the purpose of this procedure, a “complaint” will mean a charge alleging specific acts, conditions or circumstances which are in violation of Policy 5010 or anti-discrimination laws. A “respondent” will mean the person alleged to be responsible or who may be responsible for the violation alleged in the complaint.

B.    Definitions

Discriminatory Harassment

Discriminatory harassment is unwelcome conduct that is:

1.  Directed toward a person based on a protected characteristic,

2.  Sufficiently severe, persistent, or pervasive;

3.  Unreasonably interferes with a person’s work environment or ability to perform job duties; and

4.  The cause of an intimidating, hostile, or offensive environment.

Microaggression

A "microaggression" is defined as a comment or action that subtly and often unconsciously or unintentionally expresses a biased attitude toward a member of a marginalized group:

Examples of subtle or implicit acts that may be discriminatory, include, but are not limited to:

• Unwelcome jokes or comments about a legally protected characteristic (e.g., racial, or ethnic jokes);
• Disparaging remarks to or about a person’s legally protected characteristic (e.g., negative, or offensive remarks or jokes about a person's religion or religious garments);
• Displaying negative or offensive posters or pictures about a legally protected characteristic;
• Physical conduct toward a person due to that person’s legally protected characteristic;
• Communications, including those conveyed electronically, such as by e-mail, telephone or voicemail, text messaging, or social media or other internet use, that directly or indirectly implicate a legally protected characteristic; or
• Any other unwelcome conduct that implicated a legally protected characteristic.

Malicious Harassment

Committing malicious and intentional acts because of one’s perception of the victim’s race, color, religion, ancestry, national origin, gender, sexual orientation or mental, physical, or sensory disability which;

1. Causes physical injury to the victim or another person.

2. Causes physical damage to or destruction of the property of the victim or another person; or

3. Threatens a specific person or group of persons and places that person, or members of a specific group of persons, in reasonable fear of harm to the persons or property.

C.    Affirmative Action Plan

To secure an equitable solution to a justifiable complaint the district will:

A.     Make efforts to modify the composition of the future work force to work toward a full utilization of the aged, persons with disabilities, ethnic minorities, women, and Vietnam veterans in the various job categories.

B.     Ensure that all applicants and staff are considered based on bona fide job-related qualifications. The purpose of the affirmative action plan is to actively include persons of under-utilized classes in the employment process, not to exclude others from it. The district will continue to emphasize, in all recruitment contacts, that nondiscrimination is a basic element in the district’s personnel procedures.

C.     Be responsible for reviewing all employment procedures and programs to ensure no indication of discriminatory practices. The district will continue to use the aged, persons with disabilities, ethnic minorities, women and Vietnam veterans in the recruitment and employment process. Recruitment from colleges and universities will include institutions with high percentages of students of various ethnic minorities.

D.     Contract and purchase all goods and services from persons, agencies, vendors, contractors, and organizations who comply with the appropriate laws and executive orders regarding discrimination.

E.      Take appropriate action to attract and retain the aged, persons with disabilities, ethnic minorities, women, and Vietnam Veterans at all levels and in all segments of the district’s work force. Criteria for selecting staff will be reviewed regularly to ensure that such statements relate directly to the requirements for specific positions. However, pursuant to state law there will be no preferential employment practices based on race or gender.

F.      Provide staff development training to assure that individuals of under-utilized groups are prepared for positions of new and increased responsibility.

Implementation of the affirmative action plan will be the superintendent's responsibility. Administrators will help attain the established goals and purposes of this affirmative action plan.

1.     Dissemination

The district will disseminate information concerning employment and developments under the affirmative action plan on a planned basis to assist in achieving the goals set forth in this plan. Affirmative action information will be disseminated by:

A.     Distributing such information to staff;

B.     Publicizing such information in district communications;

C.     Informing all representative staff groups in the district.

2.     Staff Goals

The district will make a good faith effort to recruit, interview and employ individuals consistent with the district commitment to nondiscrimination and affirmative action for all positions and in every department, school and level of operation. Preferential or adverse employment practices, including demotions or termination will not be used to meet stated goals or timelines.

3.     Internal Audit and Monitoring System

The superintendent’s office, in compliance with WAC 162-12, Pre-employment Inquiry Guide, will record by age, race, sex and other protected groups applicant flow, new hires, promotions, transfer requests, transfers, administrative internships and terminations.

The district will evaluate the effectiveness of the nondiscrimination and affirmative action program and report its status to the board. Such reports may include recommendations for changes in the affirmative action program goals. The overall responsibility for monitoring and auditing this policy is assigned to the district office. The duties include:

A.     Analysis of the categories of employment in relation to affirmative action goals;

B.     Analysis of work force data and applicant flow;

C.     Maintaining records relative to affirmative action information;

D.     Preparation of reports of progress toward the goals and recommended changes required to maintain the vitality of the program;

E.      Identifying in a written report to the superintendent any employment practice or policy that is discriminatory or that does not meet the requirements of the affirmative action program; and

F.      Keeping the superintendent advised of the progress in implementing the goals and procedures of this affirmative action program.

D.      Complaint Process

To ensure fairness and consistency, the following process will be used in the district’s relationship with its staff members, volunteers, or contractors who work on behalf of the district.  This process specifically governs employment problems covered by Policy 5010, state and federal equal employment opportunity laws, and/or this affirmative action plan. No such person’s status with the district will be adversely affected in any way because the person utilized these procedures.

Complaint means a written charge filed by a staff member, volunteer, or contractor alleging specific acts, conditions, or circumstances, which are in violation of the anti-discrimination laws. Generally, the time period for filing a complaint is one year from the date of the occurrence that is the subject matter of the complaint. However, a complaint filing deadline may not be imposed if the complainant was prevented from filing due to:

1) Specific misrepresentations by the district that it had resolved the problem forming the basis of the complaint; or

2) Withholding of information that the district was required to provide under WAC 392-190-065 or WAC 392-190-005. Complaints may be submitted by mail, fax, e-mail or hand-delivery to any district, school or to the district compliance officer responsible for investigating discrimination complaints. Any district employee who receives a complaint that meets these criteria will promptly notify the compliance officer.  
 

1. Respondent means the person alleged to be responsible or who may be responsible for the violation alleged in the complaint.

Within two (2) business days after receiving an allegation of discrimination, the recipient and/or designee will acknowledge such receipt with the complainant.

This process's main purpose is to secure an equitable solution to a justifiable complaint. To this end, specific steps will be taken. The district is prohibited by law from intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with their right to file a complaint under this procedure and from retaliating against an individual for filing such a complaint.

No school employee, student, or volunteer may engage in reprisal or retaliation against a targeted individual, witness, or other person who brings forward information about an alleged act of discrimination. Retaliation is prohibited and will result in appropriate corrective action.

Should individuals not directly affiliated with the district engage in reprisal or retaliation against a targeted student, witness, or other person who brings forward information about an alleged act of discrimination, any and all steps at the district’s disposal (report to law enforcement personnel, issue no trespassing warning from district property, etc.) will be utilized to stop this behavior.

1. Informal Process for Resolution
   When a staff member, volunteer, or contractor has an employment problem that is a violation of this policy, they will discuss the problem with the immediate supervisor or appropriate Human Resources contact within sixty (60) days of the circumstances which gave rise to the problem.

In circumstances where a staff member may not feel comfortable in discussing the problem with their supervisor, they may discuss the issue with:

·       their employee group representative

·       a trusted colleague or mentor

·       District assigned mentor

·       Engagement Specialist for BIPOC Educators

·       District Civil Rights Coordinator

Informal resolution options may include but not be limited to:

·       Restorative conversation

·       Mediation

·       Safety Plan

·       Change in work duties or location

·       Education or training

During the informal process, the district will notify complainants of their right to file a formal complaint.

If the complaint is regarding the supervisor of the staff member, volunteer or contractor, the person may directly contact the Civil Rights Coordinator. If the discussion with the officer or immediate supervisor does not resolve the issue the person may proceed to the formal review procedures..
 

2. Formal Process for Resolution
   
   Level One: Complaint to District
   The complaint must set forth the specific acts, conditions, or circumstances alleged to be in violation. Upon receipt of a complaint, the compliance officer will provide the complainant with this procedure. The compliance officer will investigate the allegations within thirty (30) calendar days. The school district and complainant may agree to resolve the complaint in lieu of an investigation. The officer will provide the superintendent with a full written report of the complaint and the results of the investigation.
   
   The superintendent or designee will respond to the complainant with a written decision as expeditiously as possible, but in no event later than 30 calendar days following receipt of the written complaint, unless otherwise agreed to by the complainant or if exceptional circumstances related to the complaint require an extension of the time limit. In the event an extension is needed, the district will notify the complainant in writing of the reason for the extension and the anticipated response date. At the time the district responds to the complainant, the district must send a copy of the response to the Office of the Superintendent of Public Instruction (OSPI).
   
   The decision of the superintendent or designee will include:

          1) a summary of the results of the investigation;

          2) whether the district has failed to comply with anti-discrimination laws;

          3) if non-compliance is found, corrective measures the district deems necessary to correct                  it; and

          4) notice of the complainant’s right to appeal to the school board and the necessary filing                    information. The superintendent’s or designee’s response will be provided in a language                the complainant can understand and may require language assistance for complainants                with limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964. 

Any corrective measures deemed necessary will be instituted as expeditiously as possible, but in no event later than 30 calendar days following the superintendent’s mailing of a written response to the complaining party unless otherwise agreed to by the complainant.

Level Two - Appeal to Board of Directors
If a complainant disagrees with the superintendent’s or designee’s written decision, the complainant may file a written notice of appeal with the secretary of the board within ten (10) calendar days following the date upon which the complainant received the response. The board will schedule a hearing to commence by the twentieth (20) calendar day following the filing of the written notice of appeal unless otherwise agreed to by the complainant and the superintendent or for good cause. Both parties will be allowed to present such witnesses and testimony as the board deems relevant and material. Unless otherwise agreed to by the complainant, the board will render a written decision within thirty (30) calendar days following the filing of the notice of appeal and provide the complainant with a copy of the decision. The decision of the board will be provided in a language the complainant can understand, which may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act. The decision will include notice of the complainant’s right to appeal to the Office of Superintendent of Public Instruction and will identify where and to whom the appeal must be filed. The district will send a copy of the appeal decision to the Office of Superintendent of Public Instruction (OSPI).   

Level Three - Complaint to the Superintendent of Public Instruction
If a complainant disagrees with the decision of the board of directors, or if the district fails to comply with this procedure, the complainant may file a complaint with the Office of Superintendent of Public Instruction.

2. 1. A complaint must be received by the Office of Superintendent of Public Instruction on or before the twentieth (20) calendar day following the date upon which the complainant received written notice of the board of directors’ decision, unless the Office of Superintendent of Public Instruction grants an extension for good cause Complaints may be submitted by mail, fax, electronic mail, or hand delivery.
       
   2. A complaint must be in writing and include: 1) A description of the specific acts, conditions or circumstances alleged to violate applicable anti-discrimination laws; 2) The name and contact information, including address, of the complainant; 3) The name and address of the district subject to the complaint; 4) A copy of the district’s complaint and appeal decision, if any; and 5) A proposed resolution of the complaint or relief requested. If the allegations regard a specific student, the complaint must also include the name and address of the student, or in the case of a homeless child or youth, contact information.
       
   3. Upon receipt of a complaint, the Office of the Superintendent of Public Instruction may initiate an investigation, which may include conducting an independent on-site review. OSPI may also investigate additional issues related to the complaint that were not included in the initial complaint or appeal to the superintendent or board. Following the investigation, OSPI will make an independent determination as to whether the district has failed to comply with RCW 28A.642.010 or Chapter 392-190, WAC and will issue a written decision to the complainant and the district that addresses each allegation in the complaint and any other noncompliance issues it has identified. The written decision will include corrective actions deemed necessary to correct noncompliance and documentation the district must provide to demonstrate that corrective action has been completed. 
       

All corrective actions must be completed within the timelines established by OSPI in the written decision unless OSPI grants an extension. If timely compliance is not achieved, OSPI may take action including but not limited to referring the district to appropriate state or federal agencies empowered to order compliance. 

A complaint may be resolved at any time when, before the investigation, the district voluntarily agrees to resolve it. OSPI may provide technical assistance and dispute resolution methods to resolve a complaint. 
 

Level Four - Administrative Hearing 
A complainant or school district that desires to appeal the written decision of the Office of the Superintendent of Public Instruction may file a written notice of appeal with OSPI within thirty (30) calendar days following the date of receipt of that office’s written decision. OSPI will conduct a formal administrative hearing in conformance with the Administrative Procedures Act, Chapter 34.05, RCW.

Mediation

At any time during the discrimination complaint procedure set forth in WAC 392-190-065 through 392-190-075, a district may, at its own expense, offer mediation. The complainant and the district may agree to extend the discrimination complaint process deadlines in order to pursue mediation.

The purpose of mediation is to provide both the complainant and the district an opportunity to resolve disputes and reach a mutually acceptable agreement using an impartial mediator. Mediation must be voluntary and requires the mutual agreement of both parties.  It may be terminated by either party at any time during the mediation process. It may not be used to deny or delay a complainant’s right to utilize the complaint procedures. 

Mediation must be conducted by a qualified and impartial mediator who may not: 1) Be an employee of any school district, public charter school, or other public or private agency that is providing education related services to a student who is the subject of the complaint being mediated; or 2) Have a personal or professional conflict of interest. A mediator is not considered an employee of the district or charter school or other public or private agency solely because he or she serves as a mediator. 

If the parties reach agreement through mediation, they may execute a legally binding agreement that sets forth the resolution and states that all discussions that occurred during mediation will remain confidential and may not be used as evidence in any subsequent complaint, due process hearing or civil proceeding. The agreement must be signed by the complainant, and a district representative who has authority to bind the district.
 

Preservation of Records

The files containing copies of all correspondence relative to each complaint communicated to the district and the disposition, including any corrective measures instituted by the district, will be retained in the office of the district compliance officer for a period of 6 years.

Training

Staff will be provided with annual training on recognizing and preventing discrimination and discriminatory harassment. Staff will be fully informed of the formal and informal complaint processes and their rights under the policy and procedure.

Resources

1.     Civil Rights Coordinator

hr.info@bsd405.org

Human Resources

2.     State Contacts

Superintendent of Public Instruction Equity and Civil Rights Office

P.O. Box 47200

Olympia, WA 98504-7200

360.725.6162

Washington State Human Rights Commission 711 South Capitol Way, Suite 402

P.O. Box 42490

Olympia, WA 98504-2490

360.753.6770

Office of Civil Rights

U.S. Department of Education 915 Second Avenue, Room 3310

Seattle, WA 98174

206.607.1600

 

Date: 12.00; 06.11; 06.15; 9.24