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HCPSS / POLICIES

Policy 1010 Implementation Procedures - Anti-Discrimination

Implementation Procedures

I. Announcement/Dissemination of Information

Notification of the provisions of this policy and these implementation procedures will be given annually to all students, families, employees, and third parties. Principals are responsible for the initial notification of Policy 1010 to all students, families, third parties, and employees in their schools during new student orientation and the first week of school. Supervisors are responsible for notifying those under their supervision. Methods used include three or more of the following:

  1. Periodic announcements in schools over the public address system at the beginning of the school year and at other times as appropriate, during the school year.

  2. Publications in school and Howard County School System(HCPSS) newsletters, handbooks, and other documents.

  3. Notifications posted in commonly used areas, such as the cafeteria, auditorium, gymnasium, atrium, and other areas within the school/community facility.

  4. Notifications posted on school and HCPSS websites and other approved media, including, but not limited to, the learning management system and the staff communication tool.

  5. Periodic notification/reviews for students by classroom teachers or other appropriate employees, whether an incident occurred or not.

  6. Provided and reviewed with new students and parents through the registration process.

II. Reporting Violations of Policy

School-based administrators and supervisors will maintain a school and work place culture, in which students, staff, and families, and the community may complete a reporting form or orally report alleged discrimination without fear of retaliation.

  1. Suspected Discrimination Against Students by Other Students

    1. A student should report orally or in writing discrimination by other students to a teacher, school counselor, school-based administrator, or the Equity Assurance Manager/designee. Immediate reporting is encouraged.

    2. Staff members who receive such a complaint of discrimination from a student or who believe discrimination has occurred, regardless of how it is reported, will take action designed to stop the discrimination and report the complaint of discrimination immediately to an administrator or the Equity Assurance Manager/designee.

    3. Administrators receiving such complaints, regardless of how it is reported, will commence an investigation of the allegations of discrimination within two working days. Administrators will communicate regularly with the parents of the complainants on the matter. Significant or repeated discrimination by the same offender will be reported to the Equity Assurance Manager/designee and the parents will be contacted.

    4. The Equity Assurance Manager/designee will refer complaints received directly from students alleging student to student discrimination, regardless of how it is reported, to school-based administrators for investigation and appropriate action unless the Equity Assurance Manager/designee determines that extenuating circumstances, such as significant or repeated discrimination by the same offender, warrant the Equity Assurance Manager/designee’s involvement.

    5. An administrator or the Equity Assurance Manager will continue to communicate with parents to provide notification that the investigation is still on going.

    6. When the school-based administrator does the investigation the administrator will provide notice to the parties in writing of the outcome of the complaint and the basis for the decision within thirty (30) calendar days of the administrator’s receipt of complaint.

    7. If the administrator is unable to complete these activities within the prescribed time limit, all parties will be notified and a revised timeline will be provided.

  2. Suspected Discrimination Against Students by Employees/Third Parties

    1. A student should report, orally or in writing, suspected discrimination by employees or third parties to a teacher, school counselor, school-based administrator, or the Equity Assurance Manager/designee. Immediate reporting is encouraged.

    2. Individuals receiving a complaint against an administrator regardless of how it is reported should notify the Equity Assurance Manager/designee within one working day.

    3. Administrators receiving complaints alleging discrimination against a student by a school system employee or third party, regardless of how it is reported, will notify the Equity Assurance Manager/designee within one working day.

    4. Upon receipt of a complaint, the Equity Assurance Manager/designee will record and notify the complainant that the investigation is in process within two working days. The Equity Assurance Manager/designee will render findings to the appropriate parties within thirty calendar days.

  3. Suspected Discrimination Against Employees/Third Parties

    1. An employee or third party may report orally or in writing, suspected discrimination by an employee, third party, or student to the Equity Assurance Manager/designee, a school-based administrator or supervisor, as appropriate.

    2. School-based administrators and supervisors will forward complaints of discrimination from employees or third parties, regardless of how it is reported, to the Equity Assurance Manager/designee within one working day.

    3. Upon receipt of a complaint regardless of how it is reported, the Equity Assurance Manager/designee will record, and notify the complainant that the investigation is in process within two working days. The Equity Assurance Manager/designee will render findings to the appropriate parties within thirty calendar days.

III. Investigations Conducted by the Equity Assurance Manager/designee

  1. The Equity Assurance Manager/designee will document complaints received, investigate them, and render findings (except as noted in Section II.A.4.).

    1. The Equity Assurance Manager/designee will conduct an adequate, reliable, and impartial investigation of the complaint, which may include interviewing the complainant and witnesses along with the opportunity to present witnesses and other evidence. The Equity Assurance Manager/designee will provide notice to the parties in writing of the outcome of the complaint and the basis for the decision within thirty (30) calendar days of receipt of complaint by the school system’s Equity Assurance Manager/designee, excluding extenuating circumstances.

    2. If the Equity Assurance Manager/designee is unable to complete these activities within the prescribed time limit, all parties will be notified and a revised timeline will be provided.

  2. Should the investigation show that prohibited actions occurred, then HCPSS will take steps to prevent the recurrence of any prohibited actions and to correct its discriminatory effects on the complainant and others, if appropriate.

IV. Resolution of Violations

When violations have occurred, employees in supervisory or management positions are responsible for taking steps designed to end any existing discrimination by those under their supervision, prevent any recurrence, and correct discriminatory effects on the complainant and others.

  1. Disciplinary action against a student will be administered in accordance with the HCPSS Student Code of Conduct, Policy 9000 Student Residency, Eligibility, Enrollment and Policy 9200 Student Discipline. Disciplinary action against school system employees will be administered in accordance with Policy 7030 Employee Conduct and Discipline. Action against third parties will be taken in accordance with relevant school system policies and other applicable state and federal laws.

  2. A student who violates this policy may also be required to participate in an appropriate education intervention and/or counseling designated by the school administrator and designed to increase his or her understanding of the offense and its impact on others.

  3. A violation of this policy may require, as a condition of continuing an employment or other relationship with the school system, participation in counseling and/or other interventions designed to encourage the development of culturally responsive practices and behaviors.

  4. An individual who has been the object of, or who has been affected by, conduct prohibited under this policy will be contacted by a school-based administrator, supervisor, or the Equity Assurance Manager/designee to discuss the assistance and available resources.

V. History

ADOPTED: October 25, 1990

REVIEWED:

MODIFIED: August 17, 2017

REVISED: October 27, 1994, January 30, 2001, February 7, 2008, June 7, 2018

EFFECTIVE: July 1, 2018