Harassment/Discrimination Complaint Procedure - Wayne ...
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3420-P; 6120-P; 6130-P; 8120-P
Harassment/Discrimination Complaint Procedure
Table of Contents
Summary
Process (Part A and Part B)
Definitions
Related Policies and Regulations
Postings & Notifications
Forms
Authority
Summary
The Wayne Central School District (WCSD) in its continuing effort to seek equity in
education and employment and in support of federal and state anti-discrimination
legislation, has adopted a complaint procedure for the prompt and equitable investigation
and resolution of allegations of unlawful discrimination on the basis of race, color,
national origin, religion, age, sex, sexual orientation, disability, veteran status or marital
status. Harassment is one form of unlawful discrimination on the basis of the above
protected categories. Conduct that may constitute harassment is described in the
Definitions section.This procedure may be used by any adult subjected to such treatment while on WCSD
property or in the course of conducting school related business and/or activities. All
rights and remedies provided through negotiated contracts will remain in force.
Furthermore, this procedure does not in any way deprive a complainant of the right to file
with outside enforcement agencies, such as the New York State Division of Human
Rights, the Equal Employment Opportunity Commission, the Office for Civil Rights of
the United States Department of Education and the Office of Federal Contract
Compliance of the United States Department of Labor. However, after filing with one of
these outside enforcement agencies, or upon the initiation of litigation, the complaint will
be referred to WCSD’s counsel for review. More detailed information may be obtained
from the building Title IX Compliance Officer.
This procedure provides a mechanism through which the WCSD may identify, respond
to, and prevent incidents of illegal discrimination. The WCSD recognizes and accepts its
responsibility in this regard and believes that the establishment of this internal, non-
adversarial grievance process will benefit, faculty, staff, and administration, permitting
investigation and resolution of problems without resorting to the frequently expensive
and time-consuming procedures of state and federal enforcement agencies or courts.
The complainant is not required to pursue the WCSD internal procedures before filing a
complaint with a state or federal agency. In addition, if the complainant chooses to pursue
the WCSD internal procedure, the complainant is free to file a complaint with the
appropriate state or federal agency at any point during the process. Upon filing with an
external agency, however, the WCSD internal complaint procedure will be terminated
and the matter referred to the district’s counsel for review, defense, or if deemed
appropriate by counsel, involvement in mediation, conciliation or settlement with the
external agency where the complaint was filed, or such other actions as may be in the
interests of the WCSD.
During any portion of the procedures detailed hereafter, the parties shall not employ
audio or video taping devices.
Process
PART A: Informal Resolution
IT IS THE COMPLAINANT’S RESPONSIBILITY TO BE CERTAIN THAT ANY
COMPLAINT IS FILED WITHIN THE 90 DAY PERIOD THAT IS APPLICABLE
UNDER THIS PARAGRAPH.1. Complaints or concerns that are reported to an administrator, manager or supervisor
concerning an act of discrimination or harassment (as defined herein) shall be
immediately referred to the Title IX Compliance Officer. Complaints may also be made
directly to the Title IX Compliance Officer. The Title IX Compliance Officer shall notify
the building principal and the superintendent of schools of any such complaints.
2. The Title IX Compliance Officer or designee, on an informal basis may receive initial
inquiries, reports and requests for consultation and counseling. Assistance will be
available whether or not a formal complaint is contemplated or even possible. It is the
responsibility of the Title IX Compliance Officer to initiate a prompt, thorough and
impartial investigation of the allegations. This investigation is to be conducted diligently.
All witnesses shall be interviewed and, if requested, the victim shall speak with an
individual of the same sex. Complainants are to be notified of the outcome of the
investigation.
Although in rare instances verbal complaints may be acted upon, the procedures set forth
here rest upon the submission of a written complaint that will enable there to be a full and
fair investigation of the facts.
3. Employees must file a written complaint with the Title IX Compliance Officer within
90 calendar days following the alleged discriminatory act or the date on which the
complainant first knew or reasonably should have known of such act. All such complaints
must be submitted on the forms provided by the WCSD (see Forms below). The Charge
of Harassment and/or Discrimination Form will be used for both the initiation of
complaints under the informal procedure and the conversion of the complaint to the
formal procedure.
4. The complaint shall contain:
a. The name, local and permanent address(es), and telephone number(s) of the
complainant.
b. A statement of facts explaining what happened and what the complainant believes
constituted the unlawful discriminatory acts in sufficient detail to give each
Respondent reasonable notice of what is claimed against him/her. The statement
should include the date, approximate time and place where the alleged acts of
unlawful discrimination or harassment occurred. If the acts occurred on more than
one date, the statement should also include the last date on which the acts occurred
as well as detailed information about the prior acts. The names of any potential
witnesses should be provided.
c. The name(s), address(es) and telephone number(s) of the respondent(s), i.e., the
person(s) claimed to have committed the act(s) of unlawful discrimination.
d. Identification of the status of the persons charged whether faculty, staff, or student.e. A statement indicating whether or not the complainant has filed or reported
information concerning the incidents referred to in the complaint with a non-
building official or agency, under any other complaint or complaint procedure. If
an external complaint has been filed, the statement should indicate the name of the
department or agency with which the information was filed and its address.
f. Such other or supplemental information as may be requested.
5. If the complainant brings a complaint beyond the period in which the complaint may
be addressed under these procedures, the Title IX Compliance Officer may terminate any
further processing of the complaint, refer the complaint to WCSD counsel or direct the
complainant to an alternative forum.
6. If a complainant elects to have the matter dealt with in an informal manner, the Title
IX Compliance Officer will attempt to reasonably resolve the problem to the mutual
satisfaction of the parties.
7. In seeking an informal resolution, the Title IX Compliance Officer shall attempt to
review all relevant information, interview pertinent witnesses, and bring together the
complainant and the respondent, if desirable. If a resolution satisfactory to both the
complainant and the respondent is reached within 24 calendar days from the filing of the
complaint, through the efforts of the Title IX Compliance Officer, the officer shall close
the case, sending a written notice to that effect to the complainant and respondent. The
written notice, a copy of which shall be attached to the original complaint form in the
officer’s file, shall contain the terms of any agreement reached by complainant and
respondent, and shall be signed and dated by the complainant, the respondent and the
Title IX Compliance Officer. (See Forms for the Memorandum: Status - Resolved form).
8. If the Title IX Compliance Officer is unable to resolve the complaint to the mutual
satisfaction of the complainant and respondent within 24 calendar days from the filing of
the complaint, the officer shall so notify the complainant. The Title IX Compliance
Officer shall again advise the complainant of his or her right to proceed to the next step
internally and/or the right to separately file with appropriate external enforcement
agencies.
The time limitations set forth above in paragraphs 7 and 8, may be extended by mutual
agreement of the complainant and respondent with the approval of the Title IX
Compliance Officer. Such extension shall be confirmed in writing by the complainant
and respondent.
9. At any time, subsequent to the filing of the Charge of Harassment and/or
Discrimination Form, under Part A, the complainant may elect to proceed as specified in
Part B of this document and forego the informal resolution procedure.PART B: The Formal Complaint Procedure 1. The formal complaint proceeding is commenced by the filing of a complaint form as described in Part A (4). The 90 day time limit also applies to the filing of a formal complaint. 2. If the complainant first pursued the informal process and subsequently wishes to pursue a formal complaint, he/she may do so by checking the appropriate box, and signing and dating the complaint form. 3. The complaint, together with a statement, if applicable, from the Title IX Compliance Officer indicating that informal resolution was not possible, shall be forwarded to the district’s counsel within 10 calendar days from the filing of the formal complaint. 4. If an informal resolution was not pursued, the Title IX Compliance Officer shall forward the complaint to the district’s counsel within 10 calendar days from the filing of the complaint. 5. Upon receipt of a complaint, the Title IX Compliance Officer will provide an initialed, signed, date-stamped copy of the complaint to the Complainant. As soon as reasonably possible after the date of filing of the complaint, the Title IX Compliance Officer will mail a notice of complaint and a copy of the complaint to the Respondent(s). Alternatively, such notice with a copy of the complaint may be given by personal delivery, provided such delivery is made by the Title IX Compliance Officer (or designee) and, that proper proof of such delivery, including the date, time and place where such delivery occurred is entered in the records maintained by or for the Title IX Compliance Officer. 6. Upon completion of an investigation, the Title IX Compliance Officer, Superintendent of Schools or the Board of Education shall promptly determine whether or not harassment and/or discrimination has occurred and issue written findings. The Title IX Compliance Officer, Superintendent of Schools or the Board of Education shall take immediate, appropriate and corrective action upon the determination of harassment and/or discrimination. They shall notify the complainant of any findings and action taken. 7. If the complainant is dissatisfied with the Title IX Compliance Officer’s decision, the complainant may elect to file a complaint with one or more state and federal agencies. The Title IX Compliance Officer will provide general information on state and federal guidelines and laws, as well as names and addresses of various enforcement agencies. Definitions In support of this procedure, the following definitions are included:
Discrimination and/or Harassment on the Basis of Protected Characteristic(s) other than Sex/Gender – harassment based on race, color, age, religion, national origin, disability, sexual orientation or other protected characteristics is oral, written, graphic or physical conduct relating to an individual's protected characteristics that is sufficiently severe, pervasive, or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the educational institution’s programs or activities. Quid Pro Quo Sexual Harassment - unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature by one in a position of power or influence constitutes “quid pro quo sexual harassment” when 1) submission by an individual is made either an explicit or implicit term or condition of employment or of academic standing, or 2) submission to or rejection of such conduct is used as the basis for academic or employment decisions affecting that employee. As defined here, “quid pro quo sexual harassment” normally arises in the context of an authority relationship. This relationship may be direct as in the case of a supervisor and subordinate or teacher or it may be indirect when the harasser has the power to influence others who have authority over the victim. Hostile Environment Sexual Harassment - unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature constitute “hostile environment sexual harassment” when such conduct is directed toward an individual because of his or her gender and has the purpose or effect of 1) creating an intimidating, hostile, or offensive work or academic environment, or 2) unreasonably interfering with another’s work or academic performance. Generally, a single sexual joke, offensive epithet, or request for a date does not constitute hostile environment sexual harassment; however, being subjected to such jokes, epithets or requests repeatedly may constitute hostile environment sexual harassment. In determining whether alleged sexual harassing conduct warrants corrective action, all relevant circumstances, including the context in which the conduct occurred, will be considered. Facts will be judged on the basis of what is reasonable to persons of ordinary sensitivity and not on the particular sensitivity or reaction of an individual. In cases of alleged sexual harassment, the protections of the First Amendment must be considered if issues of speech or artistic expression are involved. Free speech rights apply in the classroom and in all other education programs and activities of public institutions, and First Amendment rights apply to the speech of students and teachers. Great care must be taken not to inhibit open discussion, academic debate, and expression of personal opinion, particularly in the classroom. Nonetheless, speech or conduct of a sexual or hostile nature which occurs in the context of educational instruction may exceed the protections of academic freedom and constitute prohibited sexual harassment if it meets the definition of sexual harassment noted above and 1) is reasonably regarded as non-professorial speech
(i.e., advances a personal interest of the faculty member as opposed to furthering the
learning process or legitimate objectives of the course), or 2) lacks accepted pedagogical
purpose or is not germane to the academic subject matter.
Sexual Harassment in the Educational Setting – unwelcome conduct of a sexual
nature. Sexual harassment can include unwelcome sexual advances, requests for sexual
favors, and other verbal, nonverbal, or physical conduct of a sexual nature.
Sexual Harassment in the Employment Setting – unwelcome sexual advances,
requests for sexual favors, or verbal or physical conduct of a sexual nature when any of
the following occurs:
Submission to such conduct is made a term or condition of an individual’s
continued employment, promotion, or other condition of employment.
Submission to or rejection of such conduct is used as a basis for
employment decisions affecting an employee or job applicant.
Such conduct is intended to interfere, or results in interference, with an
employee’s work performance, or creates an intimidating, hostile, or
offensive work environment.
Postings & Notifications
Prior to the start of each school year, the Title IX Compliance Officer will distribute the
district’s policy and regulations pertaining to sexual harassment and discrimination to
each district and building administrator or supervisor who will post a copy of the policy
in each building or work area.
Related Policies and Regulations
Policy 7550 – Student Complaints and Grievances and Regulation 7550-R Sexual
Harassment of Students
Forms
Where applicable, this section contains references to forms as they relate to this
procedure:
Form A – WCSD Charge of Harassment and/or Discrimination
Form B – Memorandum: Status - ResolvedAuthority Where applicable, this section contains links and/or references to the authority governing this procedure: 45 CFR § 86.8 (b) (Designation of responsible employee and adoption of grievance procedures) Title 45: Public Welfare PART 86—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE Subpart A—Introduction Browse Previous | Browse Next § 86.8 Designation of responsible employee and adoption of grievance procedures. (a) Designation of responsible employee. Each recipient shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to such recipient alleging its noncompliance with this part or alleging any actions which would be prohibited by this part. The recipient shall notify all its students and employees of the name, office address and telephone number of the employee or employees appointed pursuant to this paragraph. (b) Complaint procedure of recipient. A recipient shall adopt and publish grievance procedures providing for promptly and equitable resolution of student and employee complaints alleging any action which would be prohibited by this part. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682)
WAYNE CENTRAL SCHOOL DISTRICT
CHARGE OF HARASSMENT AND/OR DISCRIMINATION
Form A
This form is to be used by adults and employees to file a complaint of harassment and/or
discrimination based on RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, SEXUAL
ORIENTATION, VETERAN’S STATUS, AGE, DISABILITY, MARITAL STATUS, OR PARENTAL
STATUS OR SEXUAL HARASSMENT.
PLEASE PRINT OR TYPE
1. Name _____________________________________________________ Phone No. ________________________
Home Address ______________________________________________ Status ___________________________
(Student, Staff)
City ____________________________________ State _________________ Zip _________________________
2. ALLEGED DISCRIMINATION IS BASED ON (please check all that apply):
□ Race or color □ Religion □ National Origin □ Sexual Orientation □ Veteran’s Status
□ Sex □ Age □ Disability □ Marital/Parental Status □ Sexual Harassment
3. Alleged discrimination took place on or about: Month ______________ Day ________ Year _________________
Check if alleged discrimination is continuing □ Yes □ No
Respondent(s) Name(s) _________________________________________ Title (if known) ___________________
4. Please check the appropriate box(es):
□ I have filed an informal complaint on ____________________________
□ I elect to utilize the informal complaint process as described in Part A, P. 3 of the Internal Discrimination
Procedure.
□ I elect to proceed immediately to file a formal complaint as described in Part B, P.4 of the Internal
Discrimination Procedure.
6. Have you filed this charge with a federal, state or local government agency? □ Yes □ No
If yes, with which agency? ____________________________________ When? __________________________
7. Have you instituted a suit or court action on this charge? □ Yes □ No
If yes, with which court? ____________________________________________________ When? ______________
Court Address _________________________________________________________________________________
Contact person ________________________________________________________________________________8. Describe briefly the act which occurred and your reason for concluding that it was discriminatory (please attach
additional sheets if necessary).
8. I swear that I have read the above charge and that it is true to the best of my knowledge, information and belief.
Signature _______________________________________________________ Date ____________________________WAYNE CENTRAL SCHOOL DISTRICT
Memorandum: Status – Resolved
Form B
To: Complainant
From: Title IX Compliance Officer
Subject: Status of Complaint
This memorandum serves to confirm the fact that your complaint, which was filed with
the Title IX Compliance Officer on [insert date], has been resolved to the mutual
satisfaction of all parties involved and the matter is deemed closed.
Agreed:
_________________________________ _________________________________
Complainant Respondent
_________________________________ _________________________________
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