NONDISCRIMINATION

BP 3210(1)

Students

The district shall provide equal educational opportunity and treatment for all students in all aspects of the academic and activities program without regard to race, creed, color, national origin, sex, marital status, previous arrest (unless a clear and present danger exists) or incarceration or nonprogram-related physical,sensory or mental disabilities. RCW 49.60 Law Against Discrimination. District programs shall be free from sexual harassment. The superintendent shall provide for the annual evaluation, periodic surveys, annual notice and complaint procedures as required by law to insure that there is in fact equal opportunity for all students in the district. The board shall designate a staff member to serve as affirmative action/Title IX compliance officer. Cross References: (cf. 2020 - Curriculum Development and Adoption of Instructional Materials) (cf. 2140 - Guidance and Counseling) (cf. 2150 - Co-Curricular Program) (cf. 6590 - Sexual Harassment) Legal References: RCW 28A.640 Sexual Equality Mandated for Public Schools RCW 49.60 Law Against Discrimination 42 USC 12101-12213 Americans with Disabilities Act WAC 180-40-215 Student rights WAC 392-190 Equal Educational Opportunity-Sex Discrimination Prohibited

Adoption Date: March 17, 1999 Waterville School District

NONDISCRIMINATION

PR 3210(1)

Students

Students, and/or parents, staffer other individuals acting on behalf of students of the district are eligible to participate in this complaint procedure. This complaint procedure is designed to assure that the resolution of real or alleged violations shall be directed toward a just solution that is satisfactory to the complainant, the administration and the board of directors. This grievance procedure shall apply to the general conditions of nondiscrimination policy (#3210) and more particularly to policies dealing with guidance and counseling (#2140) co-curricular program (#2150), instructional materials (#2311) and course offerings (#2121). 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 or Section 504 of the Rehabilitation Act of 1973, 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. To this end, specific steps shall be taken: Level One Prior to the filing of a written complaint, the complainant or affirmative action officer may request a meeting with the respondent alleged to be directly responsible for the violation and/or person with the immediate supervisor who is related to the complaint. These persons shall make reasonable efforts to meet with any student, or student representative, and the Title IX officer to discuss the issues that the student, or student representative, may wish to bring to their attention. Such a meeting shall be at the option of the complainant. If unable to resolve this issue at this meeting, the complainant may submit a written complaint to the Title IX officer.

NONDISCRIMINATION

PR 3210(2)

Students

Level Two The complaint must be signed by the complaining party and set forth the specific acts, conditions, or circumstances alleged to be in violation. The officer shall investigate the allegations set forth within 30 calendar days of the filing of the charge. The officer shall provide the superintendent with a full written report of the complaint and the results of the investigation. The superintendent shall respond in writing to the complainant as expeditiously as possible, but in no event later than 30 calendar days following receipt of the written complaint. The superintendent shall state that the district either: A. Denies the allegations contained in the written complaint received by the district, or B. Shall implement reasonable measures to eliminate any such act, condition or circumstance. Such corrective measures deemed necessary shall 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. Level Three If a complainant remains aggrieved as a result of the action or inaction of the superintendent in resolving a complaint, the complainant may appeal to the board of the district by filing a written notice of appeal with the secretary of the board by the 10th calendar day following: A. The date upon which the complainant received the superintendent's response, or B. The expiration of the 30-calendar day response period stated in Level Two, whichever occurs first. The board shall schedule a hearing to commence by the 20th calendar day following the filing of the written notice of appeal. Both parties shall be

NONDISCRIMINATION

PR 3210(3)

Students

allowed to present such witnesses and testimony as the board deems relevant and material. The board shall render a written decision by the 10th calendar day following the termination of the hearing and shall provide a copy to the complainant. Level Four In the event a complainant remains aggrieved with the decision of the board, the complainant may appeal the decision to any federal or state agency empowered with the authority to resolve such complaint. 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, shall be retained in the office of the Title IX compliance officer for a period of 5 years.

Adoption Date:

March 17, 1999

AFFIRMATIVE ACTION

BP 5011(1)

Personnel

The district, as a recipient- of public funds, is committed to undertake affirmative action which shall make effective equal employment opportunities for staff and applicants for employment. Such affirmative action shall include a review of programs, the setting of goals and the implementation of corrective employment procedures to increase the ratio of aged, handicapped, ethnic minorities, women and Vietnam veterans who are under-represented in the job classifications in relationship to the availability of such persons having requisite qualifications. Such affirmative action shall also include recruitment, selection, training, education and other programs. The superintendent shall develop an affirmative action plan which specifies the personnel procedures to be followed by the staff of the district and shall ensure that no such procedures discriminate against any individual. Reasonable steps shall be taken to promote employment opportunities of those classes that are recognized as protected groups—aged, handicapped, ethnic minorities and women and Vietnam veterans. This policy, as well as the affirmative action plan, regulations and procedures developed according to it, shall be disseminated widely to staff in all classifications and to all interested patrons and organizations. Progress toward the goals established under this policy shall be reported annually to the board.

Legal References: Exec. Order 11246 Amended by Executive Order 11375 CFR45 RCW 28A.640.020 Regulations, guidelines to eliminate discrimination—Scope 42 USC 2000h - 2000h-6 Title IX Education Amendments of 1974 WAC 392-200-015 Public school employment-Affirmative action program

Adoption Date: Waterville School District

June 7, 2000

RECRUITMENT, SELECTION &ASSIGNMENT: NONDISCRIMINATION

BP 5010(1)

Personnel

The district shall provide equal employment opportunity and treatment for all applicants and staff in recruitment, hiring, retention, assignment, transfer, promotion and training. Such equal employment opportunity shall be provided without discrimination with respect to race, creed, color, national origin, age, sex, marital status or qualified individuals with disabilities. The district may give preference to a United States citizen or national over an authorized alien if two candidates are equally qualified. The board shall designate a staff member to serve as affirmative action/Title IX Compliance officer.

Legal References: RCW 28A.400.310 Law against discrimination applicable to district's employment practices RCW 49.60 Law Against Discrimination WAC 392-200 Employment Discrimination 42 USC 2000c - 2000c-9 - Title VII of the Civil Rights Act of 1964 42 USC 2000h - 2000h-6 - Title IX of the Educational Amendments of 1972 42 USC12101 - 12213 Americans with Disabilities Act USC Title 8 Ch. 12 1324a and 1324b (IRCA) Immigration Reform and Control Act of 1986

Adoption Date: Waterville School District

June 7, 2000

EMPLOYMENT OF PERSONS WITH DISABILITIES

BP 5012(1)

Personnel

In order to fulfill its commitment of nondiscrimination to those with disabilities, the following conditions shall prevail: A. No qualified person with disabilities shall, solely by reason of a disability, be subjected to discrimination, and the district shall not limit, segregate or classify any applicants for employment or any staff member in any way that adversely affects his/her opportunities or status because of a disability. This prohibition applies to all aspects of employment from recruitment to promotions and includes fringe benefits and other elements of compensation. B. The district shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified disabled applicant or staff member unless it is clear that an accommodation would impose an undue hardship on the operation of the district program. Such reasonable accommodations may include: 1. Making facilities used by staff readily accessible and usable by persons with disabilities, and 2. Job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, the provision of readers or interpreters and other similar actions. In determining whether or not accommodation would impose an undue hardship on the district, factors to be considered include the nature and cost of the accommodation. C. The district shall not make use of any employment test or criteria that screens out persons with disabilities unless: 1. The test or criteria is clearly and specifically job-related, and 2. Alternative tests or criteria that do not screen out persons with disabilities are available.

EMPLOYMENT OF PERSONS WITH DISABILITIES

BP 5012(2)

Personnel

D. While the district may not make pre-employment inquiry as to whether an applicant has a disability or as to the nature and severity of any such disability, it may inquire into an applicant's ability to perform job-related functions. E. Any staff member who believes that there has been a violation of this policy or the law prohibiting discrimination because of a disability may initiate a grievance through the procedures for staff complaints.

Cross References: (cf. 5240 Resolution of Staff Complaints)

Legal References: 42 USC12101 - 12213 Americans with Disabilities Act 29 USC 706 45 C.F.R. 84 Sec 504 Vocational Rehabilitation Act of 1973 RCW 49.60.030 Freedom from discrimination RCW 49.60.180 Unfair practices of employer defined WAC 162-22-050 Unfair practice

Adoption Date: Waterville School District

June 7, 2000

RECRUITMENT AND SELECTION OF STAFF

BP 5110(1)

Personnel

Staff positions will be established by the board in order to provide programs of education and other supporting services, consistent with the needs and resources of the community. The need for creating staff positions shall be determined by the board. Staff openings, continuing, new and/or additional, made by the superintendent shall include a job description with an appropriate title, desired competencies and any other qualifications necessary for the position and the method(s) by which performance will be evaluated. The board expects that the superintendent shall be responsible for recommending new or additional positions within the budget parameters established by the board.

Cross References: (cf. 5111 - Employment of staff) (cf. 5410 - Substitute Employment) Legal References: RCW 28A.400.300 Hiring and discharging employees-Leaves for employees—Seniority and leave benefits, retention upon transfers between schools RCW 28A.405.210 Conditions and contracts of employment-Determination of probable cause for non-renewal of contracts—Notice—Opportunity for hearing RCW 43.43.830 Background checks — Access to children or vulnerable persons RCW 43.43.832 Background checks—Disclosure of child abuse WAC 162-12 Preemployment Inquiry Guide (Human Rights Commission) AGO 62155.00-No. 155 1961-62 Expenses of Applicants P.L. 99-603 (IRCA) Immigration Reform and Control Act of 1986

Adoption Date: Waterville School District

June 7, 2000