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Adoption Date: 9/1/2012
Regulations - Regulations


6122R EMPLOYEE DISCRIMINATION GRIEVANCE GUIDELINES

General Statement

 

The Marcus Whitman Central School District does not discriminate on the basis of sex, sexual orientation, age, military status, veteran status, marital status, political affiliation, race, creed or religion, color, national origin, use of a recognized guide dog, hearing dog or service animal, or disability in the employment and educational opportunities it offers, including vocational educational opportunities as required by Title IX of the 1972 Educational Amendments, Section 504 of the Rehabilitation Act of 1973 and Section 296 et seq. of the Executive Law of New York State.

 

Guidelines

 

Employees of the Marcus Whitman Central School District are protected from discrimination in the following areas:

 1)      Access to employment, including:

a.      Recruitment policies and practices

b.      Advertising

c.       Application procedures

d.      Testing and interviewing practices

 

2)

Hiring

 and promotion, including:

 

a.

Selection practices

 

b.

Application of nepotism policies

 

c.

Demotion, lay off, termination

 

d.

Tenure

 3)       Compensation, including:

a.       Wages and salaries

b.      Extra compensations

 

4)      Job assignments, including:

a.      Classification and position descriptions b. Lines of progression

c.      Seniority lists

d.      Assignment and placement

 

5)      Leaves of absence, including:

a.       Leaves for temporary disability

b.      Childbearing leave and related medical conditions

c.       Childrearing leave

n

 

 

 

 

 

 

 

 

6)

Fringe

 benefits, including:

 

a.

Insurance plans

 

b.

Retirement plans

 

c.

Vacation time

 

d.

Travel opportunities

 

e.

Selection and support for training

 

f.

Employer-sponsored  programs

 

7)      Labor organization contracts or professional agreements.

 

Grievance Process

 

Any employee  suspecting  discrimination  on the  basis of sex, sexual orientation,  age, marital status, military status, veteran status, political affiliation, race, creed or religion,color, national origin, disability, or use of a recognized guide dog, hearing dog or service dog may make a claim of discrimination. This claim or grievance is filed with the Superintendent/designee  who will assist with the grievance process if necessary. The following information should be included on the grievance:

 

1)      The  exact  nature  of  the  grievance  -  actions,   policies,  or  practices   believed  to  be discriminatory and any person(s) believed to be responsible.

 

2)      The date, time and place of the alleged discriminatory action(s).

 

3)      The names of witnesses or persons who have knowledge about the grievance.

 

4)      Any available written documentation or evidence that is relevant to the grievance.

 

5)      The actions that could be taken to correct the grievance.

 

The Superintendent/designee  shall cause a review of the grievance to be conducted (including necessary meetings and interviews) and a written response mailed to the complainant within ten (10) school days after receipt of the complaint.

 

If it is agreed  that  discrimination  occurred,  corrective  action  will  be taken  to restore denied rights.

 

If there  is not agreement, a written appeal may be submitted to the Board of Education indicating the reasons for disagreement.  The Board of Education shall consider the appeal at its next regularly scheduled meeting following receipt of the appeal.

A complaint of illegal discrimination may also be filed with the Federal Office for Civil Rights, United States Department of Education, or the New York State Division of Human Rights.

 

Prohibition of Retaliatory Behavior

 

The Board prohibits any retaliatory behavior directed against complainants, victims, witnesses, and/or any other individuals who participated in the investigation of a complaint of discrimination. Follow-up inquiries shall be made to ensure that discrimination has not resumed and that all those involved in the investigation of the discrimination complaint have not suffered retaliation.

 

 

 

 

 

 

NOTE:      Refer also to Regulation #3420R --Harassment in the School District