Affirmative Action
Handbook
REVISED October 2007
Message
from Dr. Daniel Fishbein, Superintendent of Schools:
The
Our Affirmative Action Statement states:
It is the policy of the Glen Ridge Board of Education to avoid discrimination
on the basis of race, color, creed, religion, gender, educational handicap or
disability, ancestry, national origin or social or economic status or any other
group protected by the laws of this state and country in its educational
programs, activities or employee interactions. The district’s affirmative
action grievance or sexual harassment procedures may be utilized by any
student, staff, community member or parent who has a concern arising from
alleged prejudice or discrimination on the basis of the aforementioned items.
Neither staff nor students may, through statement or action, harass any other
staff member or student on the basis of race, color, creed, religion, gender,
educational handicap or disability, ancestry, nation origin or social or
economic status or any other protected group in this state and country.
Our policies and statements clearly state
that the Glen Ridge Board of Education will not tolerate the harassment of any
employee, student, parent or community member for any
reason. Discrimination and harassment is a violation of our policies as well as
various federal and state laws and local ordinances.
Sexual harassment is a complicated form of
discrimination and all employees, students, parents and community members must
share responsibility for creating a harassment free work/school environment.
Thank you for helping make the Glen Ridge
Public Schools a better place to work and learn.
Comprehensive Equity Plan (CEP)
The Glen
Ridge 2007-2010 Comprehensive Equity Plan was approved by the State of
An
Affirmative Action Team (AAT) comprised of diverse stakeholders participated in
the development of the needs assessment and Comprehensive Equity Plan. The complete Equity Needs Assessment Survey
and Comprehensive Equity Plan are available on the district’s web site.
Affirmative Action Officer
The role of
the Affirmative Action Officer is to monitor the district’s compliance with all
applicable laws, policies and regulations pertaining to affirmative action and
provide oversight in the following key areas:
1. Coordinate
annual affirmative action training workshops for staff.
Mrs.
Mrs.
Affirmative Action Officer
Glen Ridge Public Schools
Glen
(973) 429-8305
District Affirmative Action Training
Topics
Ř Character Education
Ř Social Decision Making
Ř Flirting or Hurting?
Ř
Division of Youth and Family Services
Ř
How Difficult Can this Be?
The
Ř
Learning Disabilities and Social Skills: Last one picked…First one Picked On
Ř
Online Staff Training:
Preventing Sexual Harassment
Ř
Online Staff training:
Child Abuse
Related District Policies and
Regulations
The
following district policies are related to Affirmative Action:
Policy 2260
Affirmative Action Program for
School and Classroom Practices
Policy 2416 Programs for Pregnant Pupils
Policy 3321
Acceptable Use of Computer
Network(s)/Computers and Resources by Teaching Staff Members
Policy 3362 Sexual Harassment
Policy 5350 Pupil
Suicide Prevention
Policy 5512 Hazing
Policy 5512.01 Harassment, Intimidation and Bullying
Policy 5512.02 Cyber Bullying
Policy 5750 Equal
Educational
Policy 5751 Sexual
Harassment
Policy 5752 Marital Status and Pregnancy
Policy 8462 Child
Abuse and/or Neglect
Reg. 3321 Acceptable
Use of Computer Network(s)/Computers & Resources by Teaching Staff Members
Reg. R3362
Sexual Harassment of Teaching
Staff Members Complaint Procedure
Reg. R8462 Child
Abuse and/or Neglect
Sexual Harassment
What is
Sexual Harassment?
Sexual
harassment is defined as unwelcome sexual advances, requests for sexual favors
and other physical and non-physical conduct when: (1) submission to such
conduct is made a condition of employment or education; (2) submission or
rejection to the conduct is used as a basis for employment or educational
decisions; (3) the conduct has the purpose or effect of unreasonably
interfering with an individual’s work or academic performance or creates an
intimidating, hostile or offensive working or learning environment.
Examples of
Sexual Harassment:
Determining
what is or is not sexual harassment will depend on the specific facts
surrounding each circumstance. Depending upon the circumstances, examples of
sexual harassment may include but are not limited to: (1) verbal harassment or
abuse; (2) subtle pressure for sexual activity; (3) any unwelcome or
inappropriate sexually motivated touching; (4) demanding sexual favors
accompanied by implied or overt threats concerning an individual’s employment
or educational status; (5) demanding sexual favors accompanied by implied or
overt promises of preferential treatment with regard to an individual’s
employment or educational status.
Complaint
Resolution Procedures:
Persons who
believe that they have been exposed to any form of sexual harassment should
immediately provide an oral or written report of the matter to their immediate
supervisor or to an Affirmative Action Officer. Complaints will be promptly,
discreetly, and thoroughly investigated. Appropriate disciplinary action will
be taken against individuals found to have violated the district’s sexual
harassment policy.
In all
cases, a high degree of confidentiality will be maintained by school district
authorities to protect parties involved in sexual harassment investigations.
Only those persons who have a legitimate need-to-know (for purposes of the
investigation or resolution of the complaint) shall be informed of the case.
Sanctions:
Appropriate
progressive disciplinary and remedial actions will be taken to resolve
confirmed instances of sexual harassment in an effort to eliminate the
possibility of reoccurrence. Disciplinary actions may include but are not
limited to: (1) Administrative Conferences; (2) Issuance of Letters of
Direction; (3) Issuance of Letters of Reprimand; (4) Suspension; (5) Reassignment;
(6) Demotion; (7) Termination.
Prohibitions:
Retaliation
against individuals who file sexual harassment complaints or assist in the
investigation of sexual harassment complaints is expressly prohibited. Failure
to adhere to this prohibition may result in the imposition of disciplinary
action. Persons who knowingly fabricate allegations of sexual harassment, or
otherwise hinder an investigation may be subject to disciplinary action.
DISCRIMINATION COMPLAINT PROCEDURES
FOR EMPLOYEES
I. OVERVIEW OF LAWS AND PROCEDURES
Federal
and State laws combine to prohibit discrimination in employment based on race,
color, religion, ancestry, national origin, age, marital status, affectional or
sexual orientation, sex, disability, or liability for service in the Armed
Forces, Sexual harassment is a form of sex discrimination and is therefore
illegal.
It
is also illegal for anyone to take reprisals against an employee because that
employee has filed a discrimination complaint or because an employee has assisted
in a complaint proceeding.
The
following laws prohibit employment discrimination:
§
§
Chapter 7 of New Jersey Department of Personnel Law, N.J.S.A.
11A: 7-1 et seq.
§
Title VII o the Civil Rights Act of 1964, 42 U.S.C. 2000e, et
seq., as amended
§
Age Discrimination in Employment Act, 29 U.S.C. 621, et seq.
§
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794
§
Americans with Disabilities Act of 1990, 42 U.S.C. 12101
Any
employees who believe that discrimination has occurred against themselves or
others are urged to report the matter as soon as possible to the Affirmative
Action Officer.
Employees
who violate the district's policy against discrimination are subject to
disciplinary measures pursuant to applicable laws and regulations.
Employees
also have the right to file discrimination complaints with the Division of
Equal Employment
If
an employee has a reason for not wishing to report a matter to the Affirmative
Action Officer, the employee should contact the Superintendent's office. In such a case, the Superintendent may appoint
an Affirmative Action Officer designee to process the complaint.
II.
COMPLAINT PROCEDURES (Regulation #R1550)
1.
A complainant who believes that he/she has been harmed or adversely affected by
a failure to enforce the district's Affirmative Action Plan for employment and
contract practices shall discuss the matter with his/her immediate supervisor
in an attempt to resolve the matter informally.
2.
If the matter is not resolved to the satisfaction of the complainant within
thirty working days, the complainant may submit a written complaint to the
Affirmative Action Officer. The
complaint will include:
a.
The complainant's name and address,
b.
The specific failure to act that the complainant complains of,
c.
The school officer or employee, if any, responsible for the alleged violation
of the Affirmative Action Plan,
d.
The results of discussions conducted in accordance with ¶C1, and
e.
The reasons why those results are not satisfactory.
3.
The Affirmative Action Officer will investigate the matter informally and will
respond to the complaint in writing no later than seven working days after
receipt of the written complaint. A copy
of the complaint and the response will be forwarded to the Superintendent.
4.
The response of the Affirmative Action Officer may be appealed to the
Superintendent in writing within three working days after it has been received
by the complainant. The appeal will
include the original complaint, the response to the complaint, and the
complainant's reason for rejecting the response. A copy of the appeal must be given to the
staff member alleged to have violated the Affirmative Action Plan.
5.
On his/her timely request (that is, submitted before the expiration of the time
within which the Superintendent must render a decision), the complainant will
be given an informal hearing before the Superintendent, at a time and place
convenient to the parties, but no later than seven working days after the
request for a hearing has been submitted.
The Superintendent may also require the presence at the hearing of the
staff member charged with violation of the Affirmative Action Plan and any
other person with knowledge of the violation complained of.
6.
The Superintendent will render a written decision in the matter no later than seven
working days after the appeal was filed or the hearing was held, whichever
occurred later. Copies of the decision
will be given to all parties and to the Board of Education.
7.
The complainant may appeal the Superintendent's decision to the Board by filing
a written appeal with the Board Secretary no later than three working days
after receipt of the Superintendent's decision.
The appeal will include:
a.
The original complaint,
b.
The response to the complaint,
c.
The Superintendent's decision,
d.
A transcript of the hearing, if one has been made, or a summary of the hearing
to which all parties have consented, and
e.
The complainant's reason for believing the Superintendent's decision should be
changed.
8.
A copy of the appeal to the Board must be given to the staff member, if any,
charged with a violation of the Affirmative Action Plan.
9.
The Board will review all papers submitted and may render a decision on the
basis of the proceedings below. If the
complainant so requests, the Board may convene a hearing, at which all parties
may be represented by counsel and may present and examine witnesses, who will
testify under oath.
10.
The Board will render a written decision no later than forty-five calendar days
after the appeal was filed or the hearing held, whichever occurred later. Copies of the decision will be given to all
parties.
11.
The complainant will be informed of his/her right to appeal the Board's
decision to the:
a.
Commissioner of Education
Division of Controversies and Disputes
New Jersey State Department of Education
Telephone:
b.
Telephone:
D.
Record
1.
The records of any complaint processed in accordance with this procedure shall
be kept in a file maintained by the Affirmative Action Officer.
2.
A copy of the decision rendered at its highest level of appeal will be kept in
the complainant's personnel file.
Resources
The following resources provide additional information on
affirmative action topics:
Glen Ridge School District Web site: http://www.glenridge.org
New Jersey State Division on Civil Rights: http://www.state.nj.us/lps/dcr
U.S. D.O.E. Office of Civil Rights: http://www.ed.gov/about/offices/list/ocr/index.html?src=mr
U.S. Commission on Civil Rights: http://www.usccr.gov
American Association for Affirmative Action: http://www.affirmativeaction.org
Affirmative Action Laws and Regulations: http://www.dol.gov/dol/topic/hiring/affirmativeact.html