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NEPN/NSBA Code:
ACAB-R MSAD #37 POLICY EMPLOYEE
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 employee complaints of discrimination and
harassment as described in policies AC--Non-discrimination/Equal Opportunity
and Affirmative Action and ACAB--Harassment and Sexual Harassment of School
Employees. Definitions For
purposes of this procedure: A. A "complaint" is defined as
an allegation that an employee 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 employee who believes he/she has
been harassed or discriminated against is encouraged to try to resolve the
problem by informing the individual(s) that the behavior is unwelcome or
offensive and by requesting that the behavior stop. This shall not prevent the employee, however, from making an
immediate formal complaint. B. Any employee who believes he/she has
been discriminated against or harassed should report their concern promptly
to the Principal. If the employee is
uncomfortable reporting concerns to the Principal, he/she may report the
concern to the MSAD #37 Affirmative Action Officer. The report should be made in writing. Employees who are unsure as to
whether unlawful discrimination or harassment has occurred are encouraged to discuss
their concerns with the Principal.
Employees shall not be retaliated against for reporting suspected
discrimination or harassment. C. Any employee who believes he/she has
been discriminated against or harassed is encouraged to utilize the school unit's
complaint procedure. However,
employees are hereby notified that they also have the right to report
incidents of discrimination or harassment 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 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 rights conferred
under an applicable collective bargaining agreement shall be applied. 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 (consistent with any applicable
collective bargaining agreement provisions) to reduce the risk of further
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
harassment, if any; and 3. Inform
the employee 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 employee who made the
complaint is dissatisfied with the resolution, he/she may appeal 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 (34 CFR § 106.8 (b) Age
Discrimination in Employment Act (34 CFR § 110.25) Maine
Human Rights Act (5 MRSA § 4571 et seq., 4681 et seq.) Cross
Reference: AC –
Nondiscrimination/Equal Opportunity and Affirmative Action ACAB – Harassment and
Sexual Harassment of School Employees Adopted: November 28, 2001 |
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