MSD Policies
Personnel
207 Non-Discrimination Equal Opportunity
Foundations 101.3: NONDISCRIMINATION/EQUAL OPPORTUNITY
(To replace Personnel 207 and Foundations 101.3)
A. Prohibition Against Discrimination in Educational Programs and Activities
No person shall be excluded from, denied the benefits of, or subjected to discrimination in the
District’s public schools because of age, sex, gender identity, sexual orientation, race, religion, color, marital status, familial status, religion, physical or mental disability, genetic information, national origin, ancestry. . Discrimination against and harassment of students, on the basis of any of the above classes, or a student’s creed, is prohibited. There shall be no denial to any person of the benefits of educational programs or activities, on the basis of any of the above classes or economic status.
Harassment of Students other than on the basis of any classes or categories listed above is prohibited under BOSC policy Students 118: Pupil Safety and Violence Prevention. For employees, see Personnel 209: Employee Anti-Harassment and Violence Prevention Policy. For all claims regarding discrimination on the basis of sex, see Safety 136: Title IX Sexual Harassment and Grievance Process Policy.
The Board directs the school administration to implement a continuing program designed to prevent discrimination against all applicants, employees, students and individuals with disabilities having access rights to school premises and activities. The District will designate a Nondiscrimination Officer who will be responsible for ensuring compliance with all federal and state requirements relating to nondiscrimination. The Nondiscrimination Officer will be a person with direct access to the Superintendent.
B. Equal Opportunity of Employment and Prohibition Against Discrimination in Employment
The School District is an Equal Opportunity Employer. The District ensures equal employment opportunities without regard to age, color, creed, disability, gender identity, marital status, national origin, pregnancy, race, religion, sex, or sexual orientation. The District will employ individuals who meet the physical and mental requirements, and who have the education, training, and experience established as necessary for the performance of the job as specified in the pertinent job description(s).
Discrimination against and harassment of school employees because of age, sex, race, creed, religion, color, marital status, familial status, physical or mental disability, genetic information, national origin, ancestry, sexual orientation, or gender identity are prohibited. Additionally, the District will not discriminate against any employee who is a victim of domestic violence, harassment, sexual assault, or stalking.
C. Alternative Complaint Procedures and Legal Remedies.
At any time, whether or not an individual files a complaint or report under this Policy, an individual may file a complaint with the Office for Civil Rights (“OCR”), of the United States Department of Education, or with the New Hampshire Commissioner for Human Rights.
Office for Civil Rights, U.S. Department of Education, 5 Post Office Square, 8th Floor, Boston, MA 02109-3921; Telephone number: (617) 289-0111; Fax number: (617) 289-0150; Email: OCR.Boston@ed.gov Note: Complaints to OCR must be filed in writing no later than 180 days after the alleged act(s) of discrimination. OCR may waive its 180 day time limit based on OCR policies and procedures.
New Hampshire Commission for Human Rights, 2 Industrial Park Drive,Concord, NH 03301; Telephone number: (603) 271-2767; Email: humanrights@nh.gov
Notwithstanding any other remedy, any person may contact the police or pursue a criminal prosecution under state or federal criminal law.
D. Complaint and Reporting Procedures
Discrimination or harassment of any kind should be reported in accordance with the following BOSC policies: Students 118: Pupil Safety and Violence Prevention Policy; Personnel 209: Employee Anti-Harassment and Violence Prevention Policy. For all claims regarding discrimination on the basis of sex, see Safety 136: Title IX Sexual Harassment and Grievance Process Policy.
E. Retaliation Prohibited.
No reprisals or retaliation of any kind will be taken by the Board or by any District employee against the complainant or other individual on account of his or her filing a complaint or report or participating in an investigation of a complaint or report filed and decided pursuant to this policy, unless that person knew the complaint or report was false or knowingly provided false information.
F. Administrative Procedures and Regulations.
The Superintendent shall develop such other procedures and regulations as are necessary and appropriate to implement this Policy.
Notice of Compliance: The Board directs the administration to provide notice of compliance with federal and state civil rights laws to all applicants for employment, employees, students, parents, and other interested persons, as appropriate.
The District will require all persons, agencies, vendors, contractors, and other persons and organizations doing business with or performing services for the District to subscribe to all applicable federal and state laws pertaining to contract compliance.
Legal Reference:
Equal Employment Opportunities Act of 1972 (P.L. 92-261)
amending Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000(e) et seq.)
Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621 et seq.)
Equal Pay Act of 1963 (29 U.S.C. § 206)
Rehabilitation Act of 1973 (Section 504) (29 U.S.C. § 794 et seq.); 34 CFR § 104.7, as amended
Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), as amended
Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. § 2000ff et seq.)
NH RSA 186: 11; 354-A:7
NH Code Admin. R. Ed. 303.01(i)
Cross Reference:
ACAA - Harassment and Sexual Harassment of Students
ACAA-R - Student Discrimination and Harassment Complaint Procedure
ACAB - Harassment and Sexual Harassment of School Employees
ACAB-R - Employee & Third Party Discrimination and Harassment Complaint Procedure
Policy References/ Related Policies:
Foundations 102: Nondiscrimination
Personnel 209: Employee Anti-Harassment and Violence Prevention
Students 118: Pupil Safety and Violence Prevention: Bullying
Safety 136: Title IX Sexual Harassment and Violence Prevention Policy
Personnel 101: District Equity Policy
Personnel 101.1: Nondiscrimination
HISTORY
Reading Coordination: 7/13/15
BOSC 2nd Reading and Approval: 8/10/15
2021 Revision
First Reading (policy committee): 2/9/21
Second Reading and BOSC Approval: 3/8/21