Code: AC
Adopted: 3/11/08
Revised/Readopted: 6/14/16 (Effective 7/01/16); 5/08/18; 11/12/19; 12/14/21, 10/10/2023
Orig. Code: AC
The district prohibits discrimination and harassment on any basis protected by law, including but not limited to, an individual’s perceived or actual race1, color, religion, sex, sexual orientation, gender identity, national or ethnic origin, marital status, age, mental or physical disability, pregnancy, familial status, economic status, or veterans’ status, or because of the perceived or actual race, color, religion, sex, sexual orientation, gender identity, national or ethnic origin, marital status, age, mental or physical disability, pregnancy, familial status, economic status, or veterans’ status of any other persons with whom the individual associates.
The district prohibits discrimination and harassment in, but not limited to, employment, assignment and promotion of personnel; educational opportunities and services offered students; student assignment to schools and classes; student discipline; location and use of facilities; educational offerings and materials; and accommodating the public at public meetings.
The Board encourages staff to improve human relations within the schools, to respect all individuals and to establish channels through which patrons can communicate their concerns to the administration and the Board.
Employees have a right to leave accommodations under the Americans with Disabilities Act Amendments Act (ADA). The superintendent shall appoint individuals at the district to contact on issues concerning the Americans with Disabilities Act and Americans with Disabilities Act Amendments Act (ADA), Section 504 of the Rehabilitation Act, Titles VI and VII of the Civil Rights Act, Title IX of the Education Amendments , and other civil rights or discrimination issues, and notify students, parents, and staff with their names, office addresses, and phone numbers. All officers, managers, supervisors, and HR personnel have a duty to provide accommodations to employees, including accommodations for leave under the ADA. The district will publish complaint procedures providing for prompt follow up and equitable resolution of complaints from students, employees and the public, and such procedures will be available at the district’s administrative office and available on the home page of the district’s website.
The district prohibits retaliation and discrimination against an individual who has opposed any discrimination act or practice; because that person has filed a charge, testified, assisted or participated in an investigation, proceeding or hearing; and further prohibits anyone from coercing, intimidating, threatening or interfering with an individual for exercising any rights guaranteed under state and federal law. Employees who feel they have experienced discrimination, retaliation, or denial of reasonable accommodation should use complaint procedure outlined in Policy AC-AR(1). Such cases where employees request reasonable accommodations or make a complaint of discrimination or retaliation will be kept confidential. Appropriate disciplinary action will be taken against managers and staff who are found to violate the District’s anti-discrimination policies.
END OF POLICY
1 Includes discriminatory use of a Native American mascot pursuant to OAR 581-021-0047. Race also includes physical characteristics that are historically associated with race, including but not limited to natural hair, hair texture, hair type and protective hairstyles as defined by ORS 659A.001 (as amended by House Bill 2935 (2021))
Legal Reference(s):
ORS 174.100
ORS 659A.006
ORS 659A.409
ORS 192.630
ORS 659A.009
OAR 581-002-0001 – 002-0005
ORS 326.051(1)(e)
ORS 659A.029
OAR 581-021-0045
ORS 408.230
ORS 659A.030
OAR 581-021-0046
ORS 659.805
ORS 659A.040
OAR 581-021-0047
ORS 659.815
ORS 659A.103 – 659A.145
OAR 581-022-2310
ORS 659.850 – 659.860
ORS 659A.230 – 659A.233
OAR 581-022-2370
ORS 659.865
ORS 659A.236
OAR 839-003
ORS 659A.001
ORS 659A.309
ORS 659A.003
ORS 659A.321
Age Discrimination Act of 1975, 42 U.S.C. §§ 6101-6107 (2018).
Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621-633 (2018); 29 C.F.R Part 1626 (2019).
Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12112 (2018); 29 C.F.R. Part 1630 (2019); 28 C.F.R. Part 35
(2019).
Equal Pay Act of 1963, 29 U.S.C. § 206(d) (2018).
Rehabilitation Act of 1973, 29 U.S.C. §§ 791, 793-794 (2018); 34 C.F.R. Part 104 (2019).
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1683, 1701, 1703-1705, 1720 (2018); Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 34 C.F.R. Part 106 (2020).
Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d (2018); 28 C.F.R. §§ 42.101-42.106 (2019).
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e (2018); 29 C.F.R. § 1601 (2019). Wygant v. Jackson Bd. of Educ., 476 U.S. 267 (1989).
Americans with Disabilities Act Amendments Act of 2008, 42 U.S.C. §§ 12101-12133 (2018); 29 C.F.R. Part 1630 (2019); 28
C.F.R. Part 35 (2019).
The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, 38 U.S.C. § 4212 (2018).
Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. § 2000ff-1 (2018); 29 C.F.R. Part 1635 (2019).
House Bill 2935 (2021).
House Bill 3041 (2021).
Code: AC-AR (1)
Adopted: 7/09/02
Revised/Readopted: 6/14/16 (Effective 7/01/16); 5/08/18; 11/12/19; 2/11/20, 10/10/2023
Orig. Code(s): AC-AR
Complaints regarding discrimination or harassment, on any basis protected by law, shall be processed in accordance with the following procedures:
Step 1:
1Complaints may be oral or in writing and must be filed with the principal or administrator. Any staff member that receives an oral or written complaint shall report the complaint to the principal or administrator.
The principal or administrator shall investigate and determine the action to be taken, if any, and reply in writing, to the complainant within 10 school days of receipt of the complaint.
Step 2:
If the complainant wishes to appeal the decision of the principal or administrator, the complainant may submit a written appeal to the superintendent or designee within five school days after receipt of the principal’s or administrator’s response to the complaint.
The superintendent or designee shall review the principal’s or administrator’s decision within five school days and may meet with all parties involved. The superintendent or designee will review the merits of the complaint and the principal’s or administrator’s decision. The superintendent or designee will respond in writing to the complainant within 10 school days.
Step 3:
If the complainant is not satisfied with the decision of the superintendent or designee, a written appeal may be filed with the Board within five school days of receipt of the superintendent’s or designee’s response to Step 2. The Board may decide to hear or deny the request for appeal at a Board meeting. If the Board decides to hear the appeal, the Board may meet with the concerned parties and their representative at the next regular Board meeting. The Board’s decision will be final and will address each allegation in the complaint and contain reasons for the Board’s decision. A copy of the Board’s final decision shall be sent to the complainant in writing or electronic form within 5 days of receipt of the appeal by the Board.
If the principal or administrator is the subject of the complaint, the individual may start at Step 2 and should file a complaint with the superintendent or designee.
If the superintendent is the subject of the complaint, the complaint may start at Step 3 and should be referred to the Board chair. The Board may refer the investigation to a third party.
Complaints against the Board as a whole or against an individual Board member, may start at Step 3 and should be submitted to the Board chair. Complaints against the Board chair may start at Step 3 and be referred directly to the Board vice chair.
The timelines established in each step of this procedure may be extended upon mutual consent of the district and the complainant in writing, but will not be longer than 30 days from the date of the submission of the complaint at any step. The overall timeline of this complaint procedure may be extended beyond 90 days from the initial filing of the complaint upon written mutual consent of the district and the complainant.
The complainant, if a person who resides in the district or a parent or guardian of a student who attends school in the district or a student, is not satisfied after exhausting local complaint procedures, the district fails to render a written decision within 30 days of submission of the complaint at any step or fails to resolve the complaint within 90 days of the initial filing of the complaint, may appeal2 the district’s final decision to the Deputy Superintendent of Public Instruction under Oregon Administrative Rules (OAR) 581-002-0001 – 581-002-0023.
Charter Schools of which the District Board is a Sponsor
The district Board will not review an appeal of a decision reached by the Board of the Charter School on a complaint alleging a violation of Oregon Revised Statute (ORS) 659.850 or Oregon Administrative Rule (OAR) 581-021-0045 or 581-021-0046 (Discrimination), for which the district Board has jurisdiction, and recognizes a decision reached by the Board of the charter school as the district Board’s final decision. A final decision reached by this district Board may be appealed to the Oregon Department of Education under OAR 581-002-0001 – 581-002-0023.
1 For district information. The district’s timeline established by each step of the district’s complaint procedure must be within 30 days of the submission of the complaint at any step, unless the district and complainant have agreed in writing to a longer time period for that step. The district’s complaint procedure should not exceed a total of 90 days from the initial filing of the complaint, regardless of the number of steps involved, unless the district and the complainant have agreed in writing to a longer time period. (OAR 581-002-0005)
2 An appeal must meet the criteria found in OAR 581-002-0005(1)(a).