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Policy
Descriptor Code: AC
PROHIBITION AGAINST DISCRIMINATION, HARASSMENT AND RETALIATION  
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The Kansas City Public Schools (the “district”) is committed to maintaining a workplace and educational environment that is free from discrimination and harassment in admission or access to, or treatment or employment in, its programs, services, activities and facilities. The district prohibits discrimination and harassment against employees, students or others on the basis of sex, race, religion, color, national origin, ancestry, age, disability, sexual orientation, gender identity, genetic information, or any other factor prohibited by law or based upon a belief that such a factor exists. The district is an equal opportunity employer.

The district also prohibits:

 

1.         Retaliatory actions including, but not limited to, acts of intimidation, threats, coercion, or discrimination against those who:

 

            a.         Make complaints of prohibited discrimination or harassment.

 

            b.         Report prohibited discrimination or harassment.

 

            c.         Participate in an investigation, formal proceeding or informal resolution, whether conducted internally or outside the district, concerning prohibited discrimination or harassment.

 

2.         Aiding, abetting, inciting, compelling or coercing discrimination, harassment or retaliatory actions.

 

3.         Discrimination, harassment or retaliation against any person because of such person’s association with a person protected from discrimination or harassment in accordance with this policy.

All employees, students and visitors must immediately report to the district for investigation any incident or behavior that could constitute discrimination, harassment or retaliation in accordance with this policy. If a student alleges sexual misconduct on the part of any district employee to any person employed by the district, that person will immediately report the allegation to the Children's Division (CD) of the Department of Social Services in accordance with state law. In accordance with this policy and as allowed by law, the district will investigate and address discrimination, harassment and retaliation that negatively impact the school environment, including instances that occur off district property or are unrelated to the district’s activities.

The following person has been designated to handle inquiries from students, parents and members of the public regarding the nondiscrimination policies:

Anti-Discrimination and Harassment Coordinator

Chief Legal Counsel

2901 Troost Ave., 2nd Floor

Kansas City, Missouri 6409

Telephone: 816-418-7610

Facsimile: 816-418-7411

The following person has been designated to handle inquiries from employees regarding the nondiscrimination policies:

Employee/Labor Relations Coordinator

Human Capital Management

2901 Troost Ave., 2nd Floor

Kansas City, Missouri 64109

Telephone: 816-418-7417

Facsimile: 816-418-7936

If either of the above contacts is unavailable, students, parents, members of the public and/or employees may direct any inquiries regarding discrimination policies to any attorney in the Legal Services Department at:

Legal Services Department

2901 Troost Ave., 2nd Floor

Kansas City, Missouri 64109

Telephone: 816-418-7610

Facsimile: 816-418-7411

Definitions

Discrimination – Conferring benefits upon, refusing or denying benefits to, or providing differential treatment to a person or class of persons in violation of law based on sex, race, religion, color, national origin, ancestry, age, disability, sexual orientation, gender identity, genetic information, or any other factor protected by law or based on a belief that such a factor exists.

Harassment – A form of discrimination that occurs when the school or work environment becomes permeated with intimidation, ridicule or insult that is sufficiently severe or pervasive that it unreasonably alters the employment or educational environment.

Behaviors that could constitute illegal harassment include, but are not limited to, the following acts if based on sex, race, religion, color, national origin, ancestry, age, disability, sexual orientation, gender identity, genetic information or any other characteristic protected by law or based on a belief that such a characteristic exists:

 

1.         Graffiti.

 

2.         Displays of written material, slogans, visual displays, cartoons, posters, pictures or electronic images.

 

3.         Name calling, teasing or taunting.

 

4.         Insults, derogatory remarks or names, or slurs.

 

5.         Jokes, innuendos or other negative or derogatory remarks.

 

6.         Gestures.

 

7.         Threatening, intimidating or hostile acts.

 

8.         Intentional or persistent refusal to respect a student’s or employee’s gender identity (for example, intentionally referring to a student or employee by a name or pronoun that does not correspond to the student’s or employee’s gender identity).

 

9.         Physical acts or implied or threatened acts of aggression, assault or violence.

 

10.       Theft.

 

11.       Damage to property.

Retaliation – An adverse action against a person who has made a complaint of prohibited discrimination or harassment, reported prohibited discrimination or harassment, or participated in an investigation of prohibited discrimination or harassment, as described above. Irrespective of whether there is merit to the initial complaint of harassment or discrimination, retaliation is viewed as a major offense and will result in discipline up to and including termination in the case of employees.

Behaviors that could constitute retaliation include, but are not limited to:

 

1.         Termination.

 

2.         Demotion.

 

3.         Loss of pay including, but not limited to, withholding pay increases.

 

4.         Disciplinary action.

 

5.         Poor evaluation.

 

6.         Onerous work assignments, demotion, discipline or dismissal.

Sexual Harassment – A form of discrimination, as defined above, on the basis of sex. Sexual harassment is unwelcome conduct that occurs when: a) benefits or decisions are implicitly or explicitly conditioned upon submission to, or punishment is applied for refusing to comply with, unwelcome sexual advances, requests for sexual favors or conduct of a sexual nature; or b) the school or work environment becomes permeated with intimidation, ridicule or insult that is based on sex or is sexual in nature and that is sufficiently severe or pervasive enough to alter the conditions of participation in the district’s programs and activities or the conditions of employment. Sexual harassment may occur between members of the same or opposite sex. The district presumes a student cannot consent to behavior of a sexual nature with an adult, regardless of the circumstances.

Behaviors that could constitute sexual harassment include, but are not limited to:

 

1.         Sexual advances or pressure of any kind for sexual favors, activities or contact.

 

2.         Conditioning grades, promotions, rewards or privileges on submission to sexual favors, activities or contact.

 

3.         Punishing or reprimanding persons who refuse to comply with sexual requests, activities or contact.

 

4.         Graffiti, name calling, slurs, jokes, gestures or communications of a sexual nature or based on sex.

 

5.         Physical contact or touching of a sexual nature, including touching of intimate parts and sexually motivated or inappropriate patting, pinching or rubbing.

 

6.         Unwanted comments about an individual’s body, gender identity, gender expression, sexual activity or sexual attractiveness.

 

7.         Physical sexual acts of aggression, assault or violence, including criminal offenses (such as rape, sexual assault or battery, and sexually motivated stalking) against a person’s will or when a person is not capable of giving consent due to the person’s age, intellectual disability, or use of drugs or alcohol.

 

8.         Gender-based harassment and acts of verbal, nonverbal, written, graphic or physical conduct based on gender, gender expression, sex or sex stereotyping, but not involving conduct of a sexual nature.

Gender Identity – A person’s deeply held sense or psychological knowledge of his or her own gender, regardless of the gender he or she was assigned at birth.

Gender Expression – The way a person expresses gender, such as clothing, hairstyles, activities or mannerism.

Enforcement

The district strives to provide all of its students, employees and members of the public with an environment that is free of prohibited discrimination, harassment or retaliation. Accordingly, it is district policy to prohibit discrimination, harassment or retaliation against any student, employee or applicant for employment on the basis of sex, race, religion, color, national origin, ancestry, age, disability, sexual orientation, gender identity, or any other factor prohibited by law. In addition, the district will not tolerate any form of discrimination, harassment or retaliation on any such basis by employees or any other persons who interact in the workplace, school environment or district-sponsored activities. Students are also prohibited from engaging in discrimination, harassment or retaliation as defined in the Student Code of Conduct. Discrimination, harassment or retaliation on these bases is strictly prohibited on property, in district transportation, in all academic programs and extracurricular activities and at district-sponsored events and activities, regardless of whether the event takes place on district property.

The district takes these matters very seriously. Employees engaging in such acts will be subject to discipline up to and including termination of employment. Students will be subject to discipline as outlined in the Student Code of Conduct. Regarding other persons, the district will take action appropriate and necessary to prevent recurrence, which may include banning such persons from district property.

Other Inappropriate Behavior

Behavior that does not constitute prohibited discrimination, harassment or retaliation under the law or under any of the district’s policies still may be inappropriate for the school environment or workplace. Even if the district determines an individual's behavior does not rise to the level of prohibited discrimination, harassment or retaliation under this policy, the district may impose appropriate disciplinary action up to and including termination in the case of employees.

As a general rule, disciplinary action will be imposed under this paragraph if the district believes the behavior was inappropriate, unprofessional, objectionable, inconsistent with reasonable rules of conduct, inconsistent with the spirit of the district's harassment-free and discrimination-free philosophy or policy, or not in the best interest of the district or the students the district serves.

Reporting a Complaint

Any person who feels he or she has been a victim of, witnessed, or otherwise become aware of discrimination, harassment or retaliation prohibited by this policy is encouraged to report the matter immediately. A written complaint is preferred.

Employee or applicant for employment complaints or concerns should be reported to a supervisor, administrator, or the Employee/Labor Relations Coordinator.

Any supervisor who experiences conduct or becomes aware of conduct that potentially violates this policy or receives a complaint about a potential violation of this policy must notify the Employee/Labor Relations Coordinator immediately. Board members likewise have an obligation to report any incident that could constitute discrimination, harassment or retaliation. Board members should report their concerns to the Legal Services Department.

Student complaints or concerns should be reported to a teacher, building or district administrator, or the Anti-Discrimination, Harassment and Retaliation Coordinator. Due to the sensitive nature of harassment complaints, students/parents may file such a complaint directly with the Anti-Discrimination, Harassment and Retaliation Coordinator.

Any teacher or building administrator or district administrator who becomes aware of conduct that potentially violates this policy or receives a complaint about a potential violation of this policy must notify the Anti-Discrimination, Harassment and Retaliation Coordinator immediately.

Investigation

If discrimination, harassment or retaliation is discovered or reported, the district will investigate promptly and take immediate and appropriate action to stop the discrimination, harassment or retaliation and deter its reoccurrence pursuant to Board policies AC-1 and AC-2.

In determining whether alleged conduct constitutes a violation of this policy, the district will investigate the matter and consider all relevant factors including, but not necessarily limited to, the surrounding circumstances, the nature of the 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 the policy requires a determination based on all of the facts and surrounding circumstances.

Complainants shall be guaranteed the right to an adequate, reliable and impartial investigation of complaints, which shall include:

 

1.         The opportunity for the complainants to present witnesses and provide evidence.

 

2.         Completion of investigations within 30 days of the complaint.

 

3.         Timely notice of the outcome of the investigation.

 

4.         The right to appeal the decision of the investigating authority to the superintendent’s designee and to receive notice of the decision within 20 days of the appeal.

Confidentiality and Records

To the extent permitted by law, any public record held by this district that is generated or received pursuant to this policy shall be closed and available only to the Board acting as a quorum, a committee appointed by the Board to carry out this policy on a permanent or ad hoc basis, the compliance coordinator and other administrators, including legal counsel, whose duties require access to the record in order to carry out this policy. Such persons may share access, on an individual basis, to such records with complainants or participants in a grievance or other resolution, only to the extent such disclosure promotes the purposes of this policy and is not prohibited by Family Educational Rights and Privacy Act (FERPA) or any other law. Certain other limited disclosures may be required when material in the records is integral to an action affecting a constitutionally recognized property or liberty interest or is otherwise required by law.

Boy Scouts of America Equal Access Act

As required by law, the district will provide equal access to district facilities and related benefits and services and will not discriminate against any group officially affiliated with the Boy Scouts of America, the Girl Scouts of the United States of America, or any other youth group designated in applicable federal law.

School Nutrition Programs

No person shall, on the basis of race, color, national origin, sex, age or disability, be excluded from participation in, be denied benefits of, or otherwise be subject to discrimination under a school nutrition program for which the district receives federal financial assistance from the U.S. Department of Agriculture (USDA) Food and Nutrition Service. School nutrition programs include the National School Lunch Program, the Special Milk Program, the School Breakfast Program and the Summer Food Service Program.

Limitations

Nothing in this policy shall be construed as creating a cause of action. Neither the proscriptions of, nor actions taken under this policy shall on that basis estop the Board from fully arguing for or against the existence of any fact and the scope or meaning of any law in any forum.

Compliance

This rule is intended to effect compliance with federal/state regulations; i.e., Title IX, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (Section 504), Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12131 (Title II), Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d (Title VI), and the Age Discrimination Act of 1975, 42 U.S.C. § 6101 (Age Act), Chapter 38; Sec. 38-1, Code of Ordinances by the Council of Kansas City Human Rights Department, and the implementing regulations of these federal laws.

* * * * * * *

Note:  The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or forms for related information.

 

Kansas City 33
Original Adopted Date:  6/22/2011
Last Revised:  6/25/2014
Portions 2014 (5/14), Missouri School Boards' Association, Registered in U.S. Copyright Office.
For Office Use Only: [AC-C.KCY]

Policy Reference Disclaimer: These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.
State Reference Description
§§ 213.010-.137,RSMo. State Statute
§§ 290.400-.450, RSMo. State Statute
§105.255, RSMo. State Statute
§160.261, RSMo. State Statute
§162.068, RSMo. State Statute
Federal Reference Description
20 U.S.C. § 1400-1417 Individuals with Disabilities Education Act
20 U.S.C. § 1681 Federal Statute
20 U.S.C. § 7905 Boy Scout Equal Access Act
29 U.S.C. §§ 621-631 Age Discrimination in Employment Act
29 U.S.C. § 206(d) Federal Statute
29 U.S.C. § 794 Section 504 of the Rehabilitation Act of 1973
42 U.S.C. §§ 12101-12213 Americans with Disabilities Act
42 U.S.C. §§ 1751-1760 Richard B. Russell National School Lunch Act
42 U.S.C. §§ 1777-1785 Child Nutrition Act
42 U.S.C. §§ 2000d-2000d-7 Title VI of the Civil Rights Act of 1964
42 U.S.C. §§ 2000e-1-2000e-17 Title VII of the Civil Rights Act of 1964
42 U.S.C. §§ 2000ff-2000ff-11 Genetic Information Nondiscrimination Act
42 U.S.C. §§ 6101-6107 Age Discrimination Act
42 U.S.C. § 11435 Federal Statute
7 C.F.R. Part 210 National School Lunch Program
7 C.F.R. Part 215 Special Milk Program
7 C.F.R. Part 220 School Breakfast Program
7 C.F.R. Part 225 Summer Food Service Program
FED Gebser v. Lago Vista Ind. Sch. Dist., 524 U.S. 274 (1998)
FED COURT Oncale v. Sundowner Offshore Serv., 523 U.S. 75 (1998)
FED COURT Harris v. Forklift Syst., Inc., 510 U.S. 17 (1993)
FED COURT Burlington Indust. v. Ellerth, 524 U.S. 742 (1998)
FED COURT Davis v. Monroe County Bd. of Educ., 526 U.S. 629 (1999)
FED COURT Faragher v. City of Boca Raton, 524 U.S. 775 (1998)
Policy ReferenceDescription
ECGANIMALS ON DISTRICT PROPERTY
EHBTECHNOLOGY USAGE
GBCBSTAFF CONDUCT
GBCCSTAFF USE OF COMMUNICATION DEVICES
GBHSTAFF/STUDENT RELATIONS
GBLPERSONNEL RECORDS
GBLBREFERENCES
GBPDSUSPENSION OF STAFF MEMBERS
GBPETERMINATION OF STAFF MEMBERS
GCPFRENEWAL OF PROFESSIONAL STAFF MEMBERS
IGBA-1PROGRAMS FOR STUDENTS WITH DISABILITIES
IGBCBPROGRAMS FOR MIGRANT STUDENTS
IGBHPROGRAMS FOR ENGLISH LANGUAGE LEARNERS
IGDDISTRICT-SPONSORED EXTRACURRICULAR ACTIVITIES AND GROUPS
INCSPEAKERS AT DISTRICT EVENTS
INDCEREMONIES AND OBSERVANCES
JFCFBULLYING
JFCGHAZING
JGSTUDENT DISCIPLINE
JHCFSTUDENT ALLERGY PREVENTION AND RESPONSE
JHGREPORTING AND INVESTIGATING CHILD ABUSE/NEGLECT
KGCOMMUNITY USE OF DISTRICT FACILITIES
KKVISITORS TO DISTRICT PROPERTY/EVENTS
KLPUBLIC CONCERNS AND COMPLAINTS
 
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