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Policy
Descriptor Code: AC-1
DISCRIMINATION/HARASSMENT: COMPLAINT PROCEDURES FOR PARENTS AND STUDENTS  
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COMPLAINT PROCEDURES FOR PARENTS AND STUDENTS

(Procedures for Assurance of Compliance with Federal/State Regulations/

School Board Policies of Prohibition against Discrimination/

Harassment in Educational Activities/Programs)

Notice of Nondiscrimination

The Kansas City Public Schools (the “district”) does not discriminate 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, in its programs, services, activities and facilities. 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, 2nd Floor

Kansas City, Missouri 64109

Telephone: 816-418-7610

Facsimile: 816-418-7411

If the above contact is unavailable, students, parents and members of the public may direct inquiries regarding nondiscrimination policies to any attorney in the Legal Services Department at:

Staff Attorney

Legal Services Department

2901 Troost, 2nd Floor

Kansas City, Missouri 64109

Telephone: 816-418-7610

Facsimile: 816-418-7411

Purpose

The district has established procedures to assure nondiscrimination in educational programs, services, activities, and facilities, and to ensure the elimination of harassment, including sexual harassment. It is the policy of the Board that all students will be treated with respect by all employees, third parties, and fellow students. Hostile treatment or violence against a student 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, will not be tolerated.

It is recognized that discrimination or harassment complaints by students/parents may arise from actual or perceived situations and circumstances related to the prohibition of discrimination. It is the intent of this policy to assure that discrimination or harassment complaints are resolved in an expeditious, orderly, and equitable manner that serves to fulfill the letter and intent of the law. All principals are required to make a conscientious effort to fully consider and understand the nature and basis of the discrimination or harassment complaint of a student/parent and resolve it, to the satisfaction of the complainant, without delay or refer it, without delay, to the appropriate office for resolution. The initiation of a discrimination or harassment complaint by a student/parent will not be used as a basis for actions that adversely affect the student’s standing in his/her school. Additionally, participation in or assistance in the investigation of a complaint shall not be used as the basis for adverse actions against a student.

Procedure for Filing Complaints

Discrimination or harassment complaints made under the provisions of this rule will be handled using federal enforcement agencies standards in the processing and investigation of discrimination/harassment charges and without extraneous administrative barriers. No anonymous complaints shall be accepted or processed and all complaints should include, to the best of the complainant’s ability, specific information regarding the discriminatory or harassing action(s) or inaction(s), the basis (e.g., age, race, disability, etc.) for the action(s) or inaction(s), the alleged offender(s), and witnesses, if any. Any complainant who knowingly submits false information will be subject to disciplinary action. A record will be maintained of each discrimination or harassment complaint investigation to include the final disposition of each.

A student or parent who believes that he/she has been the subject of discrimination or harassment because of his/her sex, race, religion, color, national origin, ancestry, age, disability, sexual orientation, gender identity, genetic information, or any other factor prohibited by law (such as political beliefs, marital status, social and family background, linguistic preference or pregnancy), or based upon a belief that such a factor exists, shall communicate his/her complaint or concern to a teacher, building or District administrator. A student harassing or discriminating against another student shall be subject to discipline under the Student Code of Conduct.

Due to the sensitive nature of discrimination and harassment complaints, students/parents may file such a complaint directly with the Anti-Discrimination and Harassment Coordinator as identified in Board policy AC. In such instances, the complaint shall be resolved by the Anti-Discrimination and Harassment Coordinator under the same duties and timeline as apply to principal investigations.

If discrimination or harassment is discovered or reported, the district will investigate promptly and take immediate and appropriate action to stop the discrimination or harassment and deter its reoccurrence pursuant to Board policies AC 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 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 investigation 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 desgnee and to receive notice of the decision within 20 days of the appeal.

Appeal

If the student/parent does not agree with the final determination made by the Anti-Discrimination and Harassment Coordinator, he/she may appeal the determination to the Superintendent of the District by submitting a letter of appeal to the Anti-Discrimination and Harassment Coordinator within five workdays of the date of the final determination. The decision of the Superintendent shall be issued within 20 days from the receipt of the appeal and no further appeals shall be taken.

Special Provisions

 

1.         Failure on the part of the student/parent to initiate and/or follow up on a complaint in a timely manner may result in the complaint being considered abandoned. A complaint must be filed within 300 days of the alleged discriminatory act(s).

 

2.         Failure by a principal to address a complaint within ten workdays will automatically allow the complainant to move the complaint to the next level of administration.

 

3.         In general, students shall continue attendance at school and pursue their studies, as directed, while complaints are pending resolution. Appropriate interim actions may be provided to protect the complainant during the investigation and appeal process.

 

4.         Records of an ongoing investigation shall remain confidential and not subject to disclosure until a final determination is made on the case.

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:  2/22/2012
Last Revised:  2/27/2013
(1/12), Missouri School Boards' Association, Registered in U.S. Copyright Office.
For Office Use Only: [AC-1C.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.
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
GBLBREFERENCES
 
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