Board of Education NonDiscrimination/
Affirmative
Action
State
and federal statutes and regulations prohibit school districts from
discriminatory practices in employment or educational opportunity against any
person by reason of race, color, national origin, ancestry, age, sex,
affectional or sexual orientation, marital status, liability for service in the
Armed Forces
of
the United States, atypical hereditary cellular or blood trait of any
individual, genetic information, or refusal to submit to a genetic test or make
the results of a genetic test known, in employment or in educational
opportunities. Further state and federal
protection is extended on account of disabilities, social or economic status,
pregnancy, childbirth, pregnancy‑related disabilities, actual or
potential parenthood, or family status.
The Chester Township Board of Education will continue
to support its Affirmative Action Resolution readopted at the annual
reorganization meeting, and to implement the district's equal educational
opportunity policy, school and classroom practices plan and contract/employment
practices plan in accordance with law and regulation.
The Board authorizes the Superintendent to develop and implement a
multi-year equity plan to ensure that the district provides equality in
educational programs and to identify and correct, or assess and prevent, all
bias, discrimination and impermissible isolation in policies, practices and
facilities of the district. Upon
approval of this plan by the state department of education, the Board shall
adopt it by resolution. The
Superintendent shall report to the Board annually on progress toward goals
established in the plan. A copy of the
district's affirmative action/equity plans and self-evaluation of their
achievement shall be available in the district office.
Affirmative
Action Officer(s)
The
Board shall appoint a certified member or members of the staff as affirmative
action officer(s), who shall serve as affirmative action/504 officer and/or
desegregation coordinator(s). The Board
shall adopt the job description of the affirmative action officer(s), granting
to him/her the responsibility to facilitate, oversee and ensure the development
and implementation of school and classroom practices plans, employment and
contract practices plan, school desegregation plan and section 504 plans, as
well as related inter-program coordination.
The affirmative action officer(s) shall ensure that the district upholds
all regulations, codes and laws related to equity in the schools.
The
affirmative action officer(s) shall monitor compliance with this policy. The name, work location and telephone number
of the district affirmative action officer(s) shall annually be made known to
staff, pupils
and
members of the community.
The Board
of Education shall maintain an instructional and working environment that is
free from harassment of any kind.
Administrators and supervisors will make it clear to all staff, pupils
and vendors that harassment
is
prohibited. Sexual harassment shall be
specifically addressed in the affirmative action in-service programs required
by law for all staff.
Sexual harassment
shall include, but not be limited to, unwelcome sexual advances, requests for
sexual favors and other verbal or physical conduct of a sexual nature when:
A.
Submission to the conduct or communication is made a term or condition of
employment or education;
B.
Submission to, or rejection of, the conduct or communication is the basis for
decisions affecting
employment
and assignment or education;
C. The
conduct or communication has the purpose or effect of substantially interfering
with an individual's work performance or education;
D. The
conduct or communication has the effect of creating an intimidating, hostile or
offensive working or educational environment.
Sexual harassment of staff or children interferes
with the learning process and will not be tolerated in the schools.
Harassment by Board members, employees, parents, students, vendors and
others doing business with the district is prohibited. Any child or staff member who has knowledge
of or feels victimized by sexual harassment should immediately report his/her
allegation to the affirmative action officer or building principal. Anyone else who has knowledge of or feels
victimized by sexual harassment should immediately report his/her allegation to
the Superintendent or Board president.
Employees whose behavior is found to be in violation of this policy will
be subject to the investigation procedure that may result in discipline, up to and
including, dismissal. Other individuals,
whose behavior is found to be in violation of this policy, will be subject to
appropriate sanctions as determined and imposed by the
Superintendent/Board. Law enforcement
shall be summoned when appropriate. This
policy statement on sexual harassment shall be distributed to all staff
members.
Staff or
pupils may file a formal grievance related to harassment on any of the grounds
addressed in this policy. The
affirmative action officer will receive all complaints and carry out a prompt
and thorough investigation, and will protect the rights of both the person
making the complaint and the alleged harasser.
Findings
of discrimination or harassment will result in appropriate disciplinary action.
In
implementing affirmative action, the district shall:
A. Identify and correct the denial of equality
of educational opportunities for pupils solely on the basis of any
classification protected by law;
B. Continually reexamine and
modify, as may be necessary, its school and classroom programs; location and
use of facilities; its curriculum development program and its instructional
materials; availability of programs for children; and equal access of all
eligible pupils to all extracurricular programs.
These topics are included in the pupil and
instruction policies of the district at #5145.4 Equal educational opportunity,
#6121 Nondiscrimination/affirmative action, and #6145 Extracurricular
activities.
The district directs the Superintendent to ensure
that appropriate administrators implement the district's affirmative action
policies by:
A. Adhering to the administrative code in
selection of vendors and suppliers; informing vendors and suppliers that their
employees are bound by the district's affirmative action policies in their
contacts
with district staff and pupils;
B. Continuing implementation and refinement of
existing practices and affirmative action plans, making certain that all recruitment,
hiring, evaluation, training, promotion, personnel‑management practices
and collective bargaining agreements are structured and administered in a
manner that furthers equal employment opportunity principles and eliminates
discrimination on any basis protected by law, holding in-service programs on
affirmative action for all staff in accordance with law.
These topics are included in the business and
non-instructional operations, and the personnel policies of the district at
#3320, #3327, #4111.1 and #4211.1.
In addition to prohibiting educational and employment
decisions based on non-applicable disabling condition, the district shall, as
much as feasible, make facilities accessible to disabled pupils, employees and
members of the community as intended by Section 504 and as specified in the
administrative code.
The
Superintendent shall devise regulations, including grievance forms and
procedures to implement the district's affirmative action policies. He/she shall report to the Board annually on
the effectiveness of this policy and the implementing procedures.
Date Revised:
Legal References: N.J.S.A. 2C:33-4 Harassment
N.J.S.A. 10:5-1 et seq. Law Against Discrimination
N.J.S.A. 18A:6‑5 Inquiry
as to religion and religious tests prohibited
N.J.S.A. 18A:6-6 No
sex discrimination
N.J.S.A. 18A:18A‑17 Facilities for handicapped persons
N.J.S.A. 18A:26‑1 Citizenship of teachers
N.J.S.A. 18A:26-1.1 Residence
requirements prohibited
N.J.S.A. 18A:29‑2 Equality of compensation for male and female teachers
N.J.S.A. 18A:36‑20 Discrimination; prohibition
N.J.A.C. 5:23‑7.1 et seq. Barrier free subcode of the uniform
construction code
N.J.A.C. 6:4-1.1 et seq. Equality in Educational Programs
See particularly:
N.J.A.C. 6:4‑1.3,
‑1.5, ‑1.6
N.J.A.C. 6:8‑2.1 Reporting
requirements
N.J.A.C. 6:8‑4.1 Review
of mandated programs and services
N.J.A.C. 6A:30-1.1 et seq. Evaluation of the Performance of
Executive Order
11246 as amended
29 U.S.C.A.
201 - Equal Pay Act of 1963 as amended
20 U.S.C.A.
1681 - Title IX of the Education Amendments of 1972
42 U.S.C.A.
2000e et seq. - Title VII of the Civil Rights Act of 1964 as
amended by the
Equal Employment
Opportunities Act of 1972
29 U.S.C.A.
794 et seq. - Section 504 of the Rehabilitation Act of 1973
20 U.S.C.A.
1401 et seq. - Individuals with Disabilities Education Act
42 U.S.C.A.
12101 et seq. - Americans with Disabilities Act (
Meritor Savings
Bank v. Vinson, 477
School Board
of
Vinson v.
State v.
Mortimer, 135 N.J. 517 (1994)
Taxman v.
Davis v.
Saxe v.
Manual for
the Evaluation of Local School Districts (August 2000)
Multi-year
Equity Plan for the Academic Years 2000-2001 through 2002-2003,
New
Jersey State Department of Education Division of Student Services Office
of
Bilingual Education and Equity Issues
Cross References: 3320 Purchasing procedures
4111 Recruitment, selection and
hiring
4111.1 Nondiscrimination/affirmative
action
4131/4131.1 Staff development; in-service
education/visitations/conferences
4211 Recruitment, selection and
hiring
4211.1 Nondiscrimination/affirmative
action
4231/4231.1 Staff development; in-service
education/visitations/conferences
5145.4 Equal educational opportunity
6121 Nondiscrimination/affirmative
action
6145 Extracurricular activities