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NEPN/NSBA Code: ACAA-R MSAD #37 STUDENT
DISCRIMINATION AND HARASSMENT COMPLAINT PROCEDURE
This
procedure has been adopted by the 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--Non-discrimination/Equal Opportunity and Affirmative Action and
ACAA--Harassment and Sexual Harassment of Students. Definitions 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, religion, ancestry, national origin, or
disability. B. "Discrimination or
harassment" means discrimination or harassment on the basis of race,
color, sex, 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 their concern promptly
to the Principal. Students who are
unsure whether discrimination or harassment has occurred are encouraged to
discuss the situation with the Principal. B. School 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 school staff will result in
disciplinary measures, up to and including expulsion or dismissal. D. Students are encouraged to utilize the
school unit'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 federal office for Civil Rights,
Regional Director, U.S. Department of Education, SW McCormack POCH Room 222,
Boston, MA 02109-4557 (telephone: 617-223-9622). Complaint
Handling and Investigation A. The Principal shall promptly inform
the Superintendent and the person(s) who is the subject of the complaint that
a complaint has been received. B. The 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 the school unit in light of the
particular circumstances and applicable policies and laws. C. The complaint will be investigated by
the 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
School Board, who should consult with legal counsel regarding 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 the school unit, 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. The
Principal shall keep a written record of the investigation process. 5. The
Principal may take interim remedial measures to reduce the risk of further
discrimination or harassment while the investigation is pending. 6. The
Principal shall consult with the Superintendent concerning the investigation,
conclusions, and any remedial and/or disciplinary actions. 7. The
investigation shall be completed within 21 business days of receiving the
complaint, if practicable. D. If the 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 14 business days after receiving the
notice of the resolution. The
Superintendent shall review the investigation report and may conduct further
investigation if deemed appropriate.
The Superintendent'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 SC § 1681, et seq.) Title
VI of the Civil Rights Act of 1964 (PL 88-352) 20
USC § 1232 g; 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 Adopted: October 31, 2001 |
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