Affirmative Action - PowerPoint by X1dh07

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									Affirmative Action

 Rockaway Township Public
        Schools
       2012-2013
          Two viewpoints
   The employee        The child
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 SCHOOLS
                 School Board Policy
                  FILE 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 2010
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 for
    Hostile 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
 Mrs. Maura Ollo - Copeland
 Mrs. Patricia Ochs – Birchwood School
Rockaway Township School District
      School 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 District
              Policy 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."
Sexual harassment can be:
   Touching or grabbing          Attempted kissing
   Spreading sexual rumors       Nude or suggestive
   Sexual comments about          pictures/objects
    your body                     Offensive gestures
   Comments about your           Sexual jokes or cartoons
    gender                        Verbal disrespect
   Being brushed up against      Mooning or flashing
    in a sexual way               Staring in a way that is
   Sexual remarks or              too personal
    suggestions                   Unequal facilities
   Invitations to sex
             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 Harassment
                    Student – 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

								
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