5010P Procedure (Nondiscrimination & Affirmative Action

Procedure 5010P

Personnel

SEDRO-WOOLLEY SCHOOL DISTRICT

Nondiscrimination and Affirmative Action

Nondiscrimination

To ensure fairness and consistency, the following grievance procedure is to be used in the district's relationship with its staff with regard to employment problems covered by state and federal

equal employment opportunity laws and/or this affirmative action program. No staff member's

status with the district shall be adversely affected in any way because the staff member utilized

these procedures. As used in this procedure, "Grievance" shall mean a complaint which has been

filed by a complainant (a student, an employee, a parent or guardian) relating to alleged violations of any anti-discrimination law including Title IX regulations and Washington Administrative Code (WAC) 392-190, Section 504 of the Rehabilitation Act of 1973, 42 USC 12101 -

12213 Americans with Disabilities Act (ADA) or Title VII of the Civil Rights Act of 1964. A

complaint shall mean a charge alleging specific acts, conditions or circumstances, which are in

violation of the anti-discrimination laws. A respondent shall mean the person alleged to be responsible or who may be responsible for the violation alleged in the complaint.

The primary purpose of this procedure is to secure an equitable solution to a justifiable complaint

of discrimination and the steps for filing a complaint are found at the end of this procedure.

Affirmative Action Plan

The needs of all persons in a pluralistic society must be understood in order to continue to create

an employment atmosphere compatible with and receptive to all persons. The following goals

shall assure that a meaningful educational experience may continue to exist for students and staff

alike. The district will:

A. Make efforts to modify the composition of the future work force in order to work toward a

full utilization of aged, handicapped, ethnic minorities, women and Vietnam veterans in the

various job categories.

B. Ensure that all applicants and staff are considered on the basis of bona fide job-related qualifications. The purpose of the affirmative action plan is to actively include persons of underutilized classes in the employment process, not to exclude others from it. The district shall

continue to emphasize in all recruitment contacts that nondiscrimination is a basic element in

the district's personnel procedures.

C. Be responsible for reviewing all employment procedures and programs to assure that there is

no indication of discriminatory practices. The district shall continue to use aged, handicapped, ethnic minorities, women and Vietnam veterans in the recruitment and employment

process. Job descriptions for classified staff shall be sent to other organizations which are recruiting sources for groups that may be under-utilized in the district's work force. Recruitment from colleges and universities shall include institutions with high percentages of students of various ethnic minorities.

D. Contract and purchase all goods and services from persons, agencies, vendors, contractors

and organizations who comply with the appropriate laws and executive orders regarding discrimination.

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E. Take appropriate action to attract and retain aged, handicapped, ethnic minorities and women

at all levels and in all segments of the district's work force. Criteria for selecting staff shall be

reviewed regularly to assure that such statements relate directly to the requirements for specific positions. However, pursuant to state law there shall be no preferential employment

practices based on race or gender.

F. Upgrade present staff by providing management development training to assure that individuals of under-utilized groups are prepared for positions of new and increased responsibility.

Implementation of the affirmative action plan shall be the responsibility of the superintendent.

Administrators shall assist in the attainment of the established goals and purposes of this affirmative action plan.

Dissemination

The district shall disseminate information concerning employment and developments under the

affirmative action plan on a planned basis to assist in achieving the goals set forth in this plan.

Affirmative action information shall be disseminated by:

A. Printing and distributing such information to staff, school libraries and offices;

B. Publicizing such information in district newsletters;

C. Conducting meetings with administrative staff to explain the intent and advantages of the

policy and plan;

D. Conducting faculty meetings and meetings with classified staff;

E. Informing appropriate and interested recruiting and hiring sources; and

F. Informing all representative staff groups in the district.

Male/Female Balance and Staff Goals

The district shall see that measurable efforts are made in the utilization of women for higher levels of responsibility in both certificated and classified positions. The district shall make good

faith effort to recruit, interview and employ individuals consistent with the district commitment

to nondiscrimination and affirmative action for all positions and in every department, school and

level of operation. Preferential or adverse employment practices, including demotions or termination shall not be used to meet stated goals or time lines.

Administrators

Goal: To place females in administrative positions.

Objectives: To place females in administrative positions as they become available which falls

within a range of 50% men and/or women, without using preferential employment

practices.

To identify qualified potential candidates from outside the district for consideration for future openings.

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Principals and Assistant Principals

Goal: To place females in principal and assistant principal positions.

Objective: To place females in principal and assistant principal positions as they occur and

trained women are available, without using preferential employment practices.

Teachers, Elementary or grades K-8

Goal: To provide each student with the opportunity to experience both male and female

teachers during the primary as well as the intermediate grades.

Objective: To achieve a staff which falls within a range of 50% men and/or women in the

primary as well as the intermediate grades at each school, without using preferential employment practices.

Teachers, Secondary or grades 9-12

Goal: To provide students with the opportunity to work with male and female staff in

both curricular and extracurricular activities.

Objective: To maintain a staff which falls within a range of 50% men and/or women for

classroom teachers and activity supervisors, without using preferential employment practices.

Support Staff — Certificated and Classified

Objective: To achieve a staff which falls within a range of 50% men and/or women, without

using preferential employment practices.

Ethnic Minority Balance and Staff Goals

The profiles of the district's current student ethnic minority population and the district's current

ethnic minorities (American Indian/ Native American, Asian, Black, and Hispanic) are set forth

in the district’s utilization analysis. By the commencement of the 2018-2019 school year the district shall strive to achieve a rate of employment for ethnic minorities in both certificated and

classified areas as indicated in this plan, without using preferential employment practices.. These

goals are a utilization level for certificated staff, at least equal to the percentage of ethnic minority student enrollment within the district; for classified staff a utilization level of at least 9%, a

figure based upon relevant availability figures in the Skagit County statistical area. Final and interim goals are set out in this procedure. The district shall see that measurable efforts are made in

the utilization of ethnic minorities for higher levels of responsibility in both certificated and classified positions, without using preferential employment practices. The district shall make good

faith effort to recruit, interview and employ individuals consistent with the district commitment

to nondiscrimination and affirmative action for all positions and in every department, every

school and at every level of operation. Preferential or adverse employment practices, including

demotions or termination shall not be used to meet stated goals or time lines.

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Administrators

Goal: To place ethnic minorities in administrative positions, without using preferential

employment practices.

Objectives: To place ethnic minorities in administrative positions as they become available to

progress toward the percentage of ethnic minorities in the current ethnic minority

student enrollment.

To identify qualified potential candidates from outside the district for consideration for future openings.

Principals and Assistant Principals

Goal: To place ethnic minorities in principal and assistant principal positions.

Objective: To place ethnic minorities in principal and assistant principal positions as they occur and trained applicants are available, without using preferential employment

practices.

Teachers: Elementary or grades K-8

Goal: To provide each student with the opportunity to experience ethnic minority homeroom teachers during the primary as well as the intermediate grades in which the

percentage of ethnic minorities is comparable to that of the current ethnic minority student enrollment, without using preferential employment practices.

Objective: To achieve a staff of primary and intermediate teachers in which the percentage of

ethnic minorities is comparable to that of the current ethnic minority student enrollment.

Teachers: Secondary or grades 9-12

Goal: To provide students with the opportunity to work with ethnic minority staff in

both curricular and extracurricular activities.

Objective: To maintain a staff of classroom teachers and activity supervisors in which the

percentage of ethnic minorities is comparable to that of the current ethnic minority student enrollment, without using preferential employment practices.

Support Staff - Certificated and Classified

Objective: To achieve a staff of certificated and classified support staff in which the percentage of ethnic minorities is comparable to that of the current ethnic minority student enrollment, without using preferential employment practices.

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Aged Balance and Staff Goals

The profile of the district's current age distribution of certificated and classified staff is set forth

in the district utilization analysis. By the commencement of the 2018-2019 school year, the district shall strive to achieve a rate of employment for age categories for both certificated and classified staff as indicated in this plan. The district shall make good faith effort to recruit, interview

and employ individuals consistent with the commitment to nondiscrimination and affirmative action providing the prospective staff member meets the requisite standards for the specific position.

Administrators

Goal: To identify administrative positions where age is not a barrier to performance.

Objective: To create opportunities for older prospective staff to work on a part-time basis

when it would not deter the district's operations.

Teachers

Goal: To provide opportunities for students to work with older staff in both curricular

and extracurricular activities.

Objective: To create opportunities for older staff to work on a part-time basis in those situations where the staff member can serve as a role-model to the student or can share

his/her breadth of experience.

Support Staff - Certificated and Classified

Goal: To identify positions in the district, either full-time or part-time, where age does

not limit the performance of the prospective staff member.

Objective: To place prospective staff who desire to work in positions where they are able to

meet the expectations and/or needs of the district.

Persons with Disabilities: Balance and Staff Goals

The profile of the district's current distribution of certificated and classified staff with identified

handicapping conditions is set forth in the district’s utilization analysis. By the commencement

of the 2018-2019school year, the district shall strive to achieve a rate of employment for handicapped staff in certificated and classified areas as indicated in this statistical area. The district

shall make good faith effort to recruit, interview, and employ individuals consistent with the district's commitment to nondiscrimination and affirmative action providing the prospective staff

member meets the requisite standards for the specific position.

The ratio of placement shall be equal to the ratio of employable handicapped as compared to the

non-handicapped in the statistical area.

Administrators

Goal: To identify administrative positions where a handicapping condition is not a barrier to performance.

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Objective: To place administrators with handicapping conditions in assignments when it

would not deter the district's operations.

Teachers

Goal: To provide opportunities for students to work with teachers who have handicapping conditions in both curricular and extracurricular activities.

Objective: To place teachers with handicapping conditions in assignments when it would not

impair the instructional program.

Support Staff - Certificated and Classified

Goal: To identify positions within the district where a handicapping condition does not

limit the performance of the prospective staff member.

Objective: To place support staff with handicapping conditions in assignments when it would

not deter the district's operations.

Internal Audit And Monitoring System

The superintendent's office, in compliance with WAC 162-12, "Pre-employment Inquiry Guide,"

shall record by age, race, sex and other protected groups applicant flow, new hires, promotions,

transfer requests, transfers, administrative internships and terminations. An analysis shall be

made of the internal and external work force availability of aged, handicapped, ethnic minorities

and women.

The district shall evaluate the effectiveness of the non-discrimination and affirmative action program and report its status to the board. Such reports may include recommendations for changes

in the affirmative action program goals. The overall responsibility for monitoring and auditing

this policy is assigned to the district office. The duties include:

A. Analysis of the categories of employment in relation to affirmative action goals;

B. Analysis of work force data and applicant flow;

C. Maintaining records relative to affirmative action information;

D. Preparation of reports of progress toward the goals and recommended changes required to

maintain the vitality of the program;

E. Identifying in a written report to the superintendent any employment practice or policy that is

discriminatory or that does not meet the requirements of the affirmative action program; and

F. Keeping the superintendent advised of the progress in implementing the goals and procedures

of this affirmative action program.

Grievance Procedure

A. To ensure fairness and consistency, the following review procedures are to be used in the district's relationship with its staff with regard to employment problems covered by state and

federal equal employment opportunity laws and/or this affirmative action program. No staff

member's status with the district shall be adversely affected in any way because the staff

member utilized these procedures. “Grievance” means a complaint which has been filed by

an employee relating to alleged violations of any state or federal anti-discrimination laws.

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B. “Complaint” means a written charge alleging specific acts, conditions or circumstances,

which are in violation of the anti-discrimination laws. The time period for filing a complaint

is one year from the date of the occurrence that is the subject matter of the complaint. However, a complaint filing deadline may not be imposed if the complainant was prevented from

filing due to: 1) Specific misrepresentations by the district that it had resolved the problem

forming the basis of the complaint; or 2)Withholding of information that the district was required to provide under WAC 392-190-065 or WAC 392-190-005. Complaints may be submitted by mail, fax, e-mail or hand-delivery to any district, school or to the district compliance officer responsible for investigating discrimination complaints. Any district employee

who receives a complaint that meets these criteria will promptly notify the compliance officer, A respondent shall mean the person alleged to be responsible or who may be responsible for the violation alleged in the complaint.

C. “Respondent” means the person alleged to be responsible or who may be responsible for the

violation alleged in the complaint.

The primary purpose of this procedure is to secure an equitable solution to a justifiable complaint. To this end, specific steps will be taken. The district is prohibited by law from intimidating, threatening, coercing or discriminating against any individual for the purpose of interfering

with their right to file a grievance under this procedure and from retaliating against an individual

for filing such a grievance.

A. Informal Process for Resolution

When a staff member has an employment problem concerning equal employment opportunity, he/she shall discuss the problem with the immediate supervisor, personnel director

or superintendent within 60 days of the circumstances which gave rise to the problem.

The staff member may also ask the compliance officer to participate in the informal review procedure. It is intended that the informal discussion will resolve the issue. If the

staff member feels he/she cannot approach the supervisor because of the supervisor's involvement in the alleged discrimination, the staff member may directly contact the compliance officer before pursuing formal procedures. If the discussion with the officer or

immediate supervisor does not resolve the issue the staff member may proceed to the formal review procedures.

B. Formal Process for Resolution

Level One: Complaint to District

The complaint must set forth the specific acts, conditions, or circumstances alleged to

be in violation. Upon receipt of a complaint, the compliance officer will provide the

complainant a copy of this procedure. The compliance officer will investigate the allegations within 30 calendar days. The school district and complainant may agree to

resolve the complaint in lieu of an investigation. The officer will provide the superintendent with a full written report of the complaint and the results of the investigation.

The superintendent or designee will respond to the complainant with a written decision as expeditiously as possible, but in no event later than 30 calendar days following receipt of the written complaint, unless otherwise agreed to by the complainant or

if exceptional circumstances related to the complaint require an extension of the time

limit. In the event an extension is needed, the district will notify the complainant in

writing of the reason for the extension and the anticipated response date At the time

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the district responds to the complainant, the district must send a copy of the response

to the office of the superintendent of public instruction.

The decision of the superintendent or designee will include: 1) a summary of the results of the investigation; 2) whether the district has failed to comply with anti-discrimination laws; 3) if non-compliance is found, corrective measures the district

deems necessary to correct it; and 4) notice of the complainant’s right to appeal to the

school board and the necessary filing information. The superintendent’s or designee’s response will be provided in a language the complainant can understand and

may require language assistance for complainants with limited English proficiency in

accordance with Title VI of the Civil Rights Act of 1964.

Any corrective measures deemed necessary will be instituted as expeditiously as possible, but in no event later than 30 calendar days following the superintendent’s mailing of a written response to the complaining party unless otherwise agreed to by the

complainant.

Level Two - Appeal to Board of Directors

If a complainant disagrees with the superintendent’s or designee’s written decision,

the complainant may file a written notice of appeal with the secretary of the board

within ten (10) calendar days following the date upon which the complainant received

the response. The board will schedule a hearing to commence by the twentieth (20)

calendar day following the filing of the written notice of appeal unless otherwise

agreed to by the complainant and the superintendent or for good cause. Both parties

will be allowed to present such witnesses and testimony, as the board deems relevant

and material. Unless otherwise agreed to by the complainant, the board will render a

written decision within thirty (30) calendar days following the filing of the notice of

appeal and provide the complainant with a copy of the decision. The decision of the

board will be provided in a language the complainant can understand, which may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act. The decision will include notice of

the complainant’s right to appeal to the superintendent of public instruction and will

identify where and to whom the appeal must be filed. The district will send a copy of

the appeal decision to the office of the superintendent of public instruction.

Level Three - Complaint to the Superintendent of Public Instruction

If a complainant disagrees with the decision of the board of directors, or if the district

fails to comply with this procedure, the complainant may file a complaint with the superintendent of public instruction.

1. A complaint must be received by the Superintendent of Public Instruction on or

before the twentieth (20) calendar day following the date upon which the complainant received written notice of the board of directors’ decision, unless the Superintendent of Public Instruction grants an extension for good cause Complaints

may be submitted by mail, fax, electronic mail, or hand delivery.

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2. A complaint must be in writing and include: 1) A description of the specific acts,

conditions or circumstances alleged to violate applicable anti-discrimination laws;

2) The name and contact information, including address, of the complainant; 3)

The name and address of the district subject to the complaint; 4) A copy of the

district’s complaint and appeal decision, if any; and 5) A proposed resolution of

the complaint or relief requested. If the allegations regard a specific student, the

complaint must also include the name and address of the student, or in the case of

a homeless child or youth, contact information.

3. Upon receipt of a complaint, the Office of the Superintendent of Public Instruction may initiate an investigation, which may include conducting an independent

on-site review. OSPI may also investigate additional issues related to the complaint that were not included in the initial complaint or appeal to the superintendent or board. Following the investigation, OSPI will make an independent determination as to whether the district has failed to comply with RCW 28A.642.010

or Chapter 392-190, WAC and will issue a written decision to the complainant

and the district that addresses each allegation in the complaint and any other noncompliance issues it has identified. The written decision will include corrective

actions deemed necessary to correct noncompliance and documentation the district must provide to demonstrate that corrective action has been completed.

All corrective actions must be completed within the timelines established by OSPI in

the written decision unless OSPI grants an extension. If timely compliance is not

achieved, OSPI may take action including but not limited to referring the district to

appropriate state or federal agencies empowered to order compliance.

A complaint may be resolved at any time when, before the completion of the investigation, the district voluntarily agrees to resolve the complaint. OSPI may provide

technical assistance and dispute resolution methods to resolve a complaint.

Level Four - Administrative Hearing

A complainant or school district that desires to appeal the written decision of the Office of the Superintendent of Public Instruction may file a written notice of appeal

with OSPI within thirty (30) calendar days following the date of receipt of that office’s written decision. OSPI will conduct a formal administrative hearing in conformance with the Administrative Procedures Act, Chapter 34.05, RCW.

A. Mediation

At any time during the discrimination complaint procedure set forth in WAC 392-190-

065 through 392-190-075, a district may, at its own expense, offer mediation. The complainant and the district may agree to extend the discrimination complaint process deadlines in order to pursue mediation.

The purpose of mediation is to provide both the complainant and the district an opportunity to resolve disputes and reach a mutually acceptable agreement through the use of

an impartial mediator. Mediation must be voluntary and requires the mutual agreement of

both parties. It may be terminated by either party at any time during the mediation process. It may not be sued to deny or delay a complainant’s right to utilize the complaint

procedures.

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Mediation must be conducted by a qualified and impartial mediator who may not:

1) Be an employee of any school district, public charter school, or other public or private

agency that is providing education related services to a student who is the subject of the

complaint being mediated; or 2) Have a personal or professional conflict of interest. A

mediator is not considered an employee of the district or charter school or other public or

private agency solely because he or she serves as a mediator.

If the parties reach agreement through mediation, they may execute a legally binding

agreement that sets forth the resolution and states that all discussions that occurred during

the course of mediation will remain confidential and may not be used as evidence in any

subsequent complaint, due process hearing or civil proceeding. The agreement must be

signed by the complainant and a district representative who has authority to bind the district.

B. Preservation of Records

The files containing copies of all correspondence relative to each complaint communicated to the district and the disposition, including any corrective measures instituted by

the district, will be retained in the office of the district compliance officer for a period of

6 years.

Resources

1. District Contact

Darrell Heisler, Executive Director of Human Resources

2. State Contacts

Superintendent of Public Instruction

Equity and Civil Rights Office

P.O. Box 47200

Olympia, WA 98504-7200

360.725.6162

Washington State Human Rights Commission

711 South Capitol Way, Suite 402

P.O. Box 42490

Olympia, WA 98504-2490

360.753.6770

Office of Civil Rights

U.S. Department of Education

915 Second Avenue, Room 3310

Seattle, WA 98174

206.607.1600

Adoption Date: October 22, 2007

Revised Dates: April 14, 2014; November 26, 2018

Sedro-Woolley School District

Series - 5000 Personnel

Recruitment & Personnel Selection

5000 - Recruitment & Selection of Staff

5000P - Procedure (Recruitment & Selection of Staff)

5001 - Hiring of Retired School Employees

5004- Infection Control Program

5005 - Employment/Volunteers: Disclosures, Certification Requirements, Assurances and Approval

5005F - Form (Employment/Volunteers: Disclosures, Certifications, Assurances & Approval)

5005 -- Volunteer Handbook and Background Form

5006 - Certification Revocation

5010 - Nondiscrimination & Affirmative Action

5010P Procedure (Nondiscrimination & Affirmative Action

5011 - Sexual Harassment of District Staff Prohibited

5011F - Form (Sexual Harassment of District Staff Prohibited)

5011P - Procedure (Sexual Harassment of District Staff Prohibited)

5012 - Parental Family or Marital Status and Pregnancy or Related Conditions of Staff

5012P - Parental Family or Marital Status of Pregnancy or Related Conditions of Staff

5050 - Contracts

Employment Practices

5201 - Drug-Free Schools, Community & Workplace

5202 - Federal Motor Carrier Safety Administration Mandated Drugs & Alcohol Testing Program

5202P - Procedure (Federal Motor Carrier Safety Admin Mandated Drug & Alcohol Testing Program)

5212 - Prohibition of Harassment, Intimidation & Bullying

5212F - Form (Prohibition of Harassment, Intimidation & Bullying)

5212P - Procedure (Prohibition of Harassment, Intimidation & Bullying)

5222 - Job-Sharing Staff Members

5230 - Job Descriptions/Responsibilities

5230P - Procedure (Job Descriptions/Responsibilities)

5240 - Evaluation of Staff

5251 - Conflicts of Interest

5252 - Staff Participation in Political Activities

5252P - Procedure (Staff Participation in Political Activities)

5253 - Maintaining Professional Staff/Student Boundaries

5253P - Procedure (Maintaining Professional Staff/Student Boundaries)

5254 -- Staff Expression

5254 -- Procedure Staff Expression

5260 - Personnel Records

5260P - Procedure (Personnel Records)

5270 - Resolution of Staff Complaints

5270P - Procedure (Resolution of Staff Complaints)

5271 - Reporting Improper Governmental Action

5271P - Procedure (Reporting Improper Governmental Action)

5274 - Staff Access to Networked Information Resources

5274F - Form (Staff Access to Networked Infomation Resources)

5274P - Procedure (Staff Access to Networked Information Resources

5280 - Separation from Employment

Leaves

5400 - Personal Leaves

5401 - Sick Leave

5402 - Maternity Leave

5403 - Family Emergency Leave

5404 - Family Leave

5405 - Emergency Leave

5406 - Leave Sharing

5406P - Procedure (Leave Sharing)

5406F - Form (Leave Sharing)

5407 - Military Leave

5407P - Procedure (Military Leave)

5408 - Jury Duty & Subpoena Leave

5409 - Discretionary

Benefits

5515 - Workforce Secondary Traumatic Stress

5515P -- Workforce Secondary Traumatic Stress

5520 - Staff Development

5520P - Procedure (Staff Development)

Auxiliary Personnel

5610 - Substitute Employment

5610P - Procedure (Substitute Employment)

5612 - Temporary Administrators

5630 - Volunteers

5630P - Procedure (Volunteers)

5641 - Student Teachers

5641P - Procedure (Student Teachers)

5642 - Internships

5642P - Procedure (Internships)