Affirmative Action Rockaway Township Public Schools 2009-2010
The employee The child Two viewpoints
What is Affirmative Action? • Affirmative action programs seek to remedy past discrimination against women, minorities and others by increasing recruitment, promotion, retention, and on-the job training opportunities in employment by removing barriers to admission to educational institutions. Because of this long history of discrimination based on sex and race, most affirmative action programs have been directed towards improving employment and education opportunities for women and minorities.
Compliance with… • Executive Order No. 61, Division of Equal Employment Opportunity/Affirmative Action Administrative Order #3:03, and New Jersey Administrative Code 4A:7-3.3 and 3.4 • Title VII of the Civil Rights Act of 1964 ("Title VII") prohibits discrimination, including "sexual harassment." Under N.J.S.A. 10:5-12, discrimination based on "race, creed, color, national origin...(and) sex" is illegal
ROCKAWAY TOWNSHIP PUBLIC SCHOOLSSchool Board PolicyFILE CODE: 4111.1 The Rockaway Township School District Board of Education will continue to support its Affirmative Action policy and to implement the district's equal educational opportunity policy and contract/employment practices plan in accordance with the law and regulation. A copy of the district's affirmative action plans and self-evaluation of affirmative action achievement shall be available in the district's personnel and curriculum offices as well as in each school building. Harassment including sexual harassment shall be specifically addressed in the affirmative action in-service programs required by law for all staff. • Comprehensive Equity Plan – Approved May of 2007
Definitions • Prejudice/Bias -An attitude which predisposes an individual to make either negative or positive judgments about persons, objects, concepts or groups prior to objective evaluation. • Discrimination – The differential treatment of individuals considered to belong o a particular group, the denial of opportunity, privilege, role or reward on the basis of sex, race, or any other basis regardless of whether that denial is prohibited by law. Prejudice and discrimination are related in a causal sequence: Prejudice is an attitude and discrimination is its behavioral component.
Definitions - Harassment: • Sexual Harassment - Harassment is conduct by an employee which has the purpose or effect of creating an intimidating, hostile or offensive working environment, has the purpose or effect of unreasonably interfering with an individual's work performance, or otherwise similarly affects an individual's employment opportunities. • Sexual Harassment - Harassment between students can be any unwanted and uninvited behaviour, words, gestures, threats, or physical contact on a gender or sexual basis that results in physical harm or causes a person to feel uncomfortable or threatened. • Two types: “Quid Pro Quo" Harassment (Trading this for that) In "quid pro quo" sexual harassment, an employee is confronted with the choice between acceding to sexual demands and forfeiting job benefits, continued employment or promotion or otherwise suffering tangible job detriments. “Hostile Environment” Harassment an employee or child feels fear, anxiety, shame or embarrassment.
Levels of Sexual Harassment • Gender Harassment • Seductive Behavior • Sexual Bribery • Sexual Coercion • Sexual Assault
Four Criteria forHostile Environment Harassment • Are unwelcome • Are persuasive • Are related to gender • Interfere with the work/school environment
Disability Harassment Disability harassment under Section 504 and Title II is intimidation or abusive behavior toward a student based on disability that creates a hostile environment by interfering with or denying a student’s participating in or receipt of benefits, services, or opportunities in the school’s/district’s programs. May take many forms, including verbal acts and name-calling as well as non-verbal behavior, such as graphic and written statements or conduct that is physically threatening, harmful or humiliating.
Affirmative Action Officer • 6A:7-1.5 Affirmative action officer • (a) Each district board of education shall annually designate a member of its staff as the affirmative action officer and form an affirmative action team, of whom the affirmative action officer is a member, to coordinate and implement the requirements of this chapter. Each district board of education shall assure that all stakeholders know who the affirmative action officer is and how to access him or her. • 1. The affirmative action officer must have a New Jersey standard certification with an administrative, instructional, or educational services endorsement, pursuant to N.J.A.C. 6:11. • 2. The affirmative action officer shall: • i. Coordinate the required professional development training for certificated and non-certificated staff pursuant to N.J.A.C. 6A:7-1.6; • ii. Notify all students and employees of district grievance procedures for handling discrimination complaints; and • iii. Ensure that the district grievance procedures, which include investigative responsibilities and reporting information, are followed. • Comply with regulations governing the Equity in Education programs.
Affirmative Action Team The affirmative action team shall: • Develop the comprehensive equity plan pursuant to N.J.A.C. 6A:7- 1.4(c); • ii. Oversee the implementation of the district's comprehensive equity plan pursuant to N.J.A.C. 6A:7-1.4(c); • iii. Collaborate with the affirmative action office on coordination of the required professional development training for certificated and non-certificated staff pursuant to N.J.A.C. 6A:7-1.6; • iv. Monitor the implementation of the *comprehensive equity plan (CEP); and • v. Conduct the annual district internal monitoring to ensure continuing compliance with State and Federal statutes governing educational equity, pursuant to N.J.A.C. 6A:7-1.4(d).
Rockaway Township School District Affirmative Action Officers: F. Scott Allshouse Affirmative Action Team: • Ms. Jeanne Moschella - Stony Brook School • Mrs. Nancy Reeves – C.A. Dwyer School • Mrs. Krista Schellinck – D.B. O’Brien School • Mrs. Donna Faschan – K.D. Malone School • Mr. Scott Allshouse - Copeland • Mrs. Joyce Schulze – Birchwood School
Rockaway Township School DistrictSchool Board Policy Policy: 4111.1 Affirmative Action The Rockaway Township School District Board of Education will continue to support its Affirmative Action policy (May 25, 1988) and to implement the district's equal educational opportunity policy and contract/employment practices plan in accordance with the law and regulation. A copy of the district's affirmative action plans and self-evaluation of affirmative action achievement shall be available in the district's personnel and curriculum offices as well as in each school building. Harassment including sexual harassment shall be specifically addressed in the affirmative action in-service programs required by law for all staff.
ROCKAWAY Township School DistrictPolicy Statement - Harassment • The Board of Education shall maintain an instructional and working environment that is free from harassment of any kind. Harassment is conduct by an employee which has the purpose or effect of creating an intimidating, hostile or offensive working environment, has the purpose or effect of unreasonably interfering with an individual's work performance, or otherwise similarly affects an individual's employment opportunities. Harassment includes, but is not limited to, that relating to an employee's gender, national origin or religious identification. Employees are selected because of their ability, availability, capability, aptitude, experience, education, health and a willingness to work and serve. Intimidating and generally threatening a subordinate may be viewed as unlawful harassment. District employees are urged to be cognizant of the sensitivities and differing backgrounds of subordinates. The Rockaway Township School District will not tolerate behaviour which interferes with an employee's progress and/or undermining the employee's work. Administrators and supervisors will make it clear to all staff, pupils and vendors that harassment is prohibited. • Sexual harassment of staff or children interferes with the learning process and will not be tolerated in the Rockaway Township School District Schools. Any child or staff member who has knowledge of or feels victimized by sexual harassment should immediately report his/her allegation to the affirmative action officer or his/her immediate supervisor or building principal, This policy statement will be distributed to all staff members.
Compliance Where there is a lack of compliance to this policy, immediate action consistent with law will be taken to correct inappropriate behavior. Findings of discrimination or harassment will result in appropriate disciplinary action which could include but not be limited to a letter of reprimand, the withholding of an increment, temporary or permanent suspension from position.
Rockaway Township School District School Board Policy Policy: 3320, 4211.1 Business and non-instructional operations and the personnel In implementing protection against sexual harassment, the district shall make certain that all hiring, evaluating, training, promoting and personnel management practices are structured and administered in a manner which eliminates discrimination based on sex.
Primary Activities • Recruiting, hiring, evaluating, training, promoting and personnel management practices • Discrimination and bias awareness • Adhering to the administrative code in selection of vendors and suppliers, informing vendors and suppliers that their employees are bound by the district's sexual harassment policy and the implementing procedures.
Rockaway Township Policy Policy : 5145.4, 6121 and 6145 Pupil and Instruction In implementing protection against sexual harassment, the district shall carry on a continuing re-examination and modification, as may be necessary, of its school and classroom programs, of its instructional materials, of the availability of programs for children and of equal access of all eligible pupils to all extracurricular programs.
Primary Activities • Textbook and Materials Review • Equal access • NJCCS for all • Student Assignments/Placement • Physical Education and Activities • Student Activities and Guidance • Discrimination and Bias Awareness
Comprehensive Equity Plan • Filed in the office of each school • The 2007-2010 CEP was approved by the NJDOE in May of 2007. • Annual review by the AAO and the AA Team each March.
Sexual Harassment Under the Equal Employment Opportunity Commission ("EEOC") guidelines, "unwelcome sexual advances, requests for sexual favours and other verbal or physical conduct of a sexual nature constitute sexual harassment when: • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; • Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual; or • Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working/school environment."
Touching or grabbing Spreading sexual rumors Sexual comments about your body Comments about your gender Being brushed up against in a sexual way Sexual remarks or suggestions Invitations to sex Attempted kissing Nude or suggestive pictures/objects Offensive gestures Sexual jokes or cartoons Verbal disrespect Mooning or flashing Staring in a way that is too personal Unequal facilities Sexual harassment can be:
General Statement of Policy Prohibiting Sexual Harassment The Rockaway Township Board of Education is committed to providing a work and educational environment free from inappropriate and/or unwelcome conduct based on or related to sex. This anti-sexual harassment policy applies to employee/employee, employee/student, student/student and third-party/student/employee situations. The Rockaway Township Board of Education demands that all persons be treated with respect and dignity and that sexual advances or other forms of personal harassment by any person, male or female, which creates an intimidating, hostile or offensive environment will not be tolerated.
Our responsibility: We are responsible if an “act” of sexual harassment is reported: An employer is responsible for its acts and those of its agents and supervisory employees with respect to sexual harassment regardless of whether the specific acts complained of were authorized or even forbidden by the employer and regardless of whether the employee knew or should have known of their occurrence. With respect to the conduct between fellow employees, an employer is responsible for acts of sexual harassment in the workplace where the employer (or its agents of supervisory employees) knows or should have known of the conduct, unless it can be shown that the employer took immediate and appropriate corrective action.
Your rights-students rights • An employee/student who is harassed has a claim under Title VII and the New Jersey Statute. • A claim may also be asserted by an employee who was denied a benefit (e.g., promotion) in favour of another employee who submitted to sexual advances. • An employee who is harassed may also be able to assert state law claims (e.g., infliction of emotional distress) against the person who harassed him/her and perhaps the employer . • An employee wrongfully accused of harassment may assert claims against the employer if he/she is discharged. Also an accused employee may dispute the severity of the penalty or disciplinary procedures. • Failure to maintain appropriate confidentiality in harassment investigation may give rise to various tort claims, including slander and invasion of privacy. • Under some circumstances a wilful and maliciously false harassment allegation can result in liability for the employee who makes it
Confidentiality The Rockaway Township Board of Education attempts to maintain reports of sexual harassment and an ensuing investigation and action confidential. However, confidentiality cannot be guaranteed. The law requires the Board of Education to take effective remedial action as a result of any complaint alleging sexual harassment or sex discrimination. Such investigations typically require disclosure of detailed information and individual’s identities. As such the Rockaway Township Board of Education cannot guarantee confidentiality with regard to allegations of violation of this policy.
Filing a claim…The process The following steps shall be followed by the employee and the district’s management in order to resolve problems, concerns, disagreements related to sexual and other types of harassment. Confidentiality will be stressed throughout these procedures. • First the employee will alert the source of the harassment in an attempt to resolve the problem (mutually). • Second the employee will discuss the issue with his/her immediate supervisor. This should be done privately or with the affirmative action officer present. If the issue is not resolved at this level it should be committed to writing, using complaint forms included with this policy, and submitted to the Affirmative Action officer. • If the problem concerns the employee’s immediate supervisor, the employee will go directly to the supervisor’s supervisor and meet privately with him/her. The appropriate complaint form will be completed and used as a written record. The complete written record will follow the investigation through each level.
The process…The Employee • The supervisor will try to resolve the situation as quickly as possible. (Within five work days.) The supervisor will make a decision based on facts, district policy and discussion with the affirmative action office. If the supervisor cannot resolve the problem to the employee’s satisfaction, he/she shall invite the employee to refer it to the next level (superintendent or assistant superintendent) • The superintendent or his/her designee shall investigate the employee’s problem, gather all relevant facts and opinions, review district policy and render an opinion within five work days. If additional time is required the employee shall be notified in writing of the delay and be given an accurate indication as to when an answer will be forthcoming. • If the employee is not satisfied with the superintendent’s response, the employee may take the issue to the Board of Education. The Board shall follow the same procedure as above. • If an employee’s problem remains unsolved, the employee may then take his/her case to the New Jersey Division on Civil Rights or the Equal Employment Opportunity Commission. The employee has 180 days in which to file. The employee may also concurrently file with both agencies at the same time he/she filed a complaint against the district.
Conclusion…. • The employee should understand that the district is dedicated to working with him/her to make a fair, honest and prompt determination regarding the complaint. Unless there are extraordinary circumstances the above procedures will not take more than 15-20 days. • The Affirmative Action Officer will also advise the district’s management team at each level with regard to interpreting policy and procedures. • The employee will be advised that it is illegal for the district to fire, reprimand, demote or take other adverse action against him/her for complaining about sexual harassment even if the Board or the Division on Civil Rights determine that sexual harassment did not occur. The employee will be advised that retaliation complaints can be filed with the New Jersey Division on Civil Rights and the E.E.O.C. • Affirmative Action Officer shall maintain custody of all documentation and ensure confidentiality.
Complaint Form Complaint___________________________________________________________ Home Address________________________________________________________ Work Address________________________________________________________ Home Phone______________________ Work Phone_________________________ Date of alleged incident(s)_______________________________________________ Name of alleged victim(s)________________________________________________ Name of person you believe sexually harassed victim__________________________ List any witnesses that were present________________________________________ ____________________________________________________________________ Where did the incident(s) occur?___________________________________________ ____________________________________________________________________ Describe the incident(s) as clearly as possible, including such things as: what force, if any, was used, any verbal statements (i.e., threats, requests, demands, etc.) what, if any, physical contact was involved, etc. (Attach additional pages if necessary) ____________________________________________________________________ This complaint is filed based on my honest belief that sexual harassment has occurred. I hereby certify that the information I have provided in this complaint is true, correct and complete to the best of my knowledge and belief. My signature below is an acknowledgement that I understand that if I have filed this Complaint in bad faith or for any reason other than to report and/or resolve an alleged violation of this policy, I am subject to appropriate discipline. Complainant’s Signature Date Receive by___________________________ _____________ Date
Discrimination Complaint form Name_______________________________ Home Telephone______________________ Address/City_________________________ Work Telephone______________________ Check the type of discrimination you experienced: ( )sex (gender) ( )marital status ( )pregnancy ( )mental disability ( )physical disability ( )learning disability ( )emotional disability ( )learning disability ( )handicap ( )race, national origin ( )sexual orientation ( )creed, religion, ancestry, color ( )homosexual, bisexual) ( )other (explain)___________________________________________________________ Where specifically did the incident(s) occur?_____________________________________ Describe the incident: (include names, dates, places and other specific actions or words) __________________________________ What action if any have you taken so far?_______________________________ What would you like to happen as a result of this complaint?_____________________ Describe the incident: (include names, dates, places and other specific actions or words) __________________________________ What action if any have you taken so far?_______________________________ What would you like to happen as a result of this complaint?_____________________ As you are aware, the Rockaway Township Board of Education is committed to the prevention of discrimination on any basis enumerated above. The signature below acknowledges that you are aware that the Rockaway Township Board of Education may be required by law and/or its own discretion to investigate the Complaint(s) set forth in this discrimination complaint form. Such an investigation and the manner the investigation is conducted is at the sole discretion of the Rockaway Township Board of Education. While the Rockaway Township Board of Education will attempt to maintain the investigation in a confidential manner, confidentiality cannot be guaranteed and it is almost inevitable that there will be some disclosure of facts and identities of individuals participating in the investigation. Signature of person making complaint Date ___________________________________ Signature of person investigating complaint Date
The Process…The Student • Sexual harassment, bullying, discrimination is observed or reported to the principal, a teacher, a nurse etc. • The incident is reported to an administrator • The administrator or designee completes “fact-finding”. • The following form is completed for each interview:
Complaint of Alleged Sexual HarassmentStudent – Incident Interview • Instructions • This form should be used by the principal/designee to interview students about a possible incident of sexual harassment between students. A separate form is used for each student interviewed. • Name of interviewee:______________ School:________________________ Reporting date:___________________ Administrator:___________________________ Date and time of incident:_________________________________ Location of incident:_____________________________________ Questions Describe what happened? (Who, what, where, when, etc.) _______________________________________________________________________________________________ Did this happen before? If so, when? _______________________________________________________________________________________________ How did you respond to the behavior? ______________________________________________________________________________________________ Did you let the person know that you did not like the behavior? _______________________________________________________________________________________________ Is there anyone else who may have experienced this same problem? _______________________________________________________________________________________________ Did anyone else know about this individual’s behavior? _______________________________________________________________________________________________ File Code 5145.4R1C
Resolution _______counsel students _______suspension _______expulsion _______discipline referral _______give offender options for follow through _______other Parent/Guardian Notification verbal and/or written _____________________ _______ Signature of Administrator date