School Board Policy Manual
Nevis Public Schools
Independent School District 308
School Board Policy 402
402 DISABILITY NONDISCRIMINATION POLICY
The purpose of this policy is to provide a fair employment setting for all persons and to comply with state and federal law.
II. GENERAL STATEMENT OF POLICY
A. The school district shall not discriminate against qualified individuals with disabilities because of the disabilities of such individuals in regard to job application procedures, hiring, advancement, discharge, compensation, job training, and other terms, conditions, and privileges of employment.
B. The school district shall not engage in contractual or other arrangements that have the effect of subjecting its qualified applicants or employees with disabilities to discrimination on the basis of disability. The school district shall not exclude or otherwise deny equal jobs or job benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association.
C. The school district shall make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless the accommodation would impose undue hardship on the operation of the business of the school district.
D. Any job applicant or employee wishing to discuss the need for a reasonable accommodation, or other matters related to a disability or the enforcement and application of this policy, should contact the superintendent or the school district’s appointed ADA/Section 504 coordinator.
III. REPORTING GRIEVANCE PROCEDURES
A. Any employee who believes he or she has been the victim of unlawful discrimination by a student, teacher, administrator or other school district personnel, or third party, or any person with knowledge or belief of conduct which may constitute unlawful discrimination toward an employee should report the alleged acts immediately to an appropriate school district official designated by this policy or may file a complaint. The school district encourages the reporting party or complainant to use the report form available from the principal or available from the school district office, but oral reports shall be considered complaints as well. Nothing in this policy shall prevent any person from reporting unlawful discrimination toward an employee directly to the superintendent.
B. The principal is the person responsible for receiving oral or written reports or complaints of unlawful discrimination toward an employee. Any school district personnel who receives a report of unlawful discrimination toward an employee shall inform the principal immediately.
C. Upon receipt of a report or complaint, the principal must notify the superintendent immediately, without screening or investigating the report. The principal may request, but may not insist upon a written complaint. Alternative means of filing a complaint, such as through a personal interview or by tape recording, shall be made available upon request for qualified persons with a disability. A written statement of the facts alleged will be forwarded as soon as practicable by the principal to the superintendent. If the report was given verbally, the principal shall personally reduce it to written form within 24 hours and forward it to the superintendent. Failure to forward any report or complaint of unlawful discrimination toward a student as provided herein may result in disciplinary action against the principal. If the complaint involves the principal, the complaint shall be made or filed directly with the superintendent by the reporting party or complainant. All complaints against the superintendent shall be made to or filed with the chairperson of the school board.
D. The school board hereby designates the Title IX coordinator, who is also the superintendent, as the school district human rights officer(s) to be responsible for reviewing reports, or complaints of unlawful discrimination toward an employee. If the complaint involves the superintendent, the complaint shall be filed directly with the chairperson of the school board.
E. The school district shall conspicuously post the name of the Title IX coordinator and human rights officer, including office mailing addresses and telephone numbers.
F. Submission of a good faith complaint, grievance or report of unlawful discrimination toward an employee will not affect the complainant or reporter’s future employment, grades or work assignments.
G. Use of formal reporting forms is not mandatory.
H. The school district will respect the privacy of the complainant, the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the school district’s legal obligations to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations. The school district’s treatment of information related to a complaint and investigation is subject at all times to the Minnesota Government Data Practices Act and other applicable data privacy laws.
A. By authority of the school district, the superintendent, upon receipt of a report or complaint alleging unlawful discrimination toward an employee shall promptly undertake or authorize an investigation if deemed appropriate. The investigation may be conducted by school district officials or by a third party designated by the school district. With respect to allegations against the superintendent, the school board shall decide whether an investigation is appropriate.
B. The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigator.
C. In determining whether alleged conduct constitutes a violation of this policy, the school district should consider the surrounding circumstances, the nature of the behavior, past incidents or past or continuing patterns of behavior, the relationships between the parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances.
D. In addition, the school district may take immediate steps, at its discretion, to protect the complainant, pupils, teachers, administrators or other school personnel pending completion of an investigation of alleged unlawful discrimination toward an employee.
E. The investigation will be completed as soon as practicable. The superintendent shall make a written report to the chairperson of the school board upon completion of the investigation. If the complaint involves the superintendent, the report may be filed directly with the chairperson of the school board by the investigator selected by the school board. The report shall include the facts, a determination of whether the allegations have been substantiated, whether a violation of this policy has occurred as well as a description of any proposed resolution which may include alternative dispute resolution.
F. The district shall comply with federal and state law pertaining to retention of records.
V. SCHOOL DISTRICT ACTION
A. Upon conclusion of the investigation and receipt of a report, the school district shall take appropriate action. If it is determined that a violation has occurred, such action may include, but is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation, termination or discharge. School district action taken for violation of this policy will be consistent with requirements of applicable collective bargaining agreements, Minnesota and federal law and school district policies.
B. The result of the school district’s investigation of each complaint filed under these procedures will be reported in writing to the complainant by the school district in accordance with state and federal law regarding data or records privacy. The school district will not disclose information to the complainant if doing so would violate the privacy rights of the subject to the complaint or any other individual.
The school district shall discipline or take appropriate action, which may include discipline, against any pupil, teacher, administrator or other school personnel who retaliates against any person who reports alleged unlawful discrimination toward an employee or any person who testifies, assists or participates in an investigation, or who testifies, assists or participates in a proceeding or hearing relating to such unlawful discrimination. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.
VIII. CONFLICT OF INTEREST
If there is a conflict of interest with respect to any party involved in a specific complaint alleging unlawful discrimination, appropriate action shall be taken such as, but not limited to, appointing or contracting with a neutral third party investigator to conduct the investigation or recusal from the process by the person for whom a conflict or potential conflict of interest exists.
VIII. RIGHT TO ALTERNATIVE COMPLAINT PROCEDURES
These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the Minnesota Department of Human Rights, initiating civil action or seeking redress under state criminal statutes and/or federal law, or contacting the Office of Civil Rights for the United States Department of Education as listed below.
Office for Civil Rights, Chicago Office
U.S. Department of Education
500 W. Madison Street, Suite 1475
Chicago, IL 60661-4544
Fascimile: (312) 730-1576
TDD: (800) 877-8339
MN Department of Human Rights
Freeman Building, 625 Robert Street North
St. Paul, MN 55155
X. DISSEMINATION OF POLICY AND EVALUATION
A. This policy shall be made available to all students, parents/guardians of students, staff members, employee unions and organizations.
B. The school district shall review this policy and the school district’s operation for compliance with state and federal laws prohibiting discrimination on a continuous basis.
Legal References: Minn. Stat. Ch. 363A (Minnesota Human Rights Act)
29 U.S.C. 794 et seq. (§ 504 of Rehabilitation Act of 1973)
42 U.S.C., Ch. 126 § 12112 (Americans with Disabilities Act)
29 C.F.R. Part 32
34 C.F.R. Section 104.7(b) (Section 504 Rehabilitation Act)
34 C.F.R. Section 106.8(b) (Title IX of the Education Amendments of 1972)
Cross References: School Board Policy 401 (Equal Employment Opportunity)
School Board Policy 413 (Harassment and Violence)
School Board Policy 521 (Student Disability Nondiscrimination)
District Resources: Title IX Coordinator/Human Rights Officer
Gregg Parks, Superintendent
Nevis Public School
PO Box 138
Nevis, MN 56467
218-652-3500, ext. 103
ADA/Section 504 Coordinator
Nevis Public School
PO Box 138
Nevis, MN 56467
218-652-3500, ext. 106