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Denver Public Schools Policy GBA-R1: Procedures For The Investigation of Employee Complaints of Discrimination or Harassment

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Denver Public Schools Policy GBA-R1: Procedures For The Investigation of Employee Complaints of Discrimination or Harassment

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Michael_Lee_Roberts
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Denver Public Schools Policy GBA-R1: Procedures for the Investigation of Employee Complaints of Discrimination or Harassment

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Denver Public Schools Policy GBA-R1: Procedures for the Investigation of Employee Complaints of Discrimination or Harassment

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Denver Public Schools Policy GBA-R1: Procedures for the Investigation of Employee Complaints of Discrimination or Harassment

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247 views5 pages

Denver Public Schools Policy GBA-R1: Procedures For The Investigation of Employee Complaints of Discrimination or Harassment

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Michael_Lee_Roberts
Denver Public Schools Policy GBA-R1: Procedures for the Investigation of Employee Complaints of Discrimination or Harassment

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Policy GBA-R1: Procedures for the Investigation of Employee Complaints of

Discrimination or Harassment

Nondiscrimination and Harassment

Denver Public Schools (“the District”) will provide a work environment that is free from
unlawful discrimination and harassment. The District shall promptly respond to concerns
and complaints of unlawful discrimination and/or harassment; take action in response
when unlawful discrimination and/or harassment is discovered; impose appropriate
sanctions on offenders in a case-by-case manner; and protect the privacy of all involved
in unlawful discrimination and/or harassment complaints as required by state and
federal law. When appropriate, the complaint shall be referred to law enforcement for
investigation.

The District has adopted the following procedures to promptly and fairly address
concerns and complaints about unlawful discrimination and/or harassment. Complaints
may be submitted orally or in writing.

Definitions

1. “Employee Compliance Officer” means the Chief of the Human Resources


Department or his or her designee who is designated to receive complaints of
alleged unlawful discrimination and harassment.
2. “Aggrieved Individual” shall mean an employee of the District or an applicant for
employment with the District who is directly affected by and/or is witness to an
alleged violation of Board policies prohibiting unlawful discrimination or
harassment.
3. “Harassment” is any unwelcome, hostile, and offensive verbal, written, or
physical conduct based on or directed at a person’s Protected Class status: (1)
that results in physical, emotional, or mental harm or damage to property; (2) that
is severe or pervasive and creates a hostile work environment; or (3) where the
satisfaction of a sexual demand is used as the basis for an employment decision.
a. Harassing conduct may take many forms, including but not limited to:
i. Verbal acts and name-calling;
ii. Graphic depictions and written statements, which may include use
of cell phones or the Internet; and/or
iii. Other conduct that may be physically threatening, harmful, or
humiliating.

Employee Compliance Officer’s Duties

The Employee Compliance Officer shall be responsible for conducting an investigation


and coordinating all complaint procedures and processes for any alleged violation of
federal or state statute or Board policy prohibiting unlawful discrimination or
harassment.

The District’s Employee Compliance Officer is:

Chief Human Resources Officer


Denver Public Schools
1860 Lincoln St.
Denver, CO 80203
Telephone: (720) 423-3769

Complaint Procedure

An Aggrieved Individual is encouraged to promptly report the incident to an immediate


supervisor or the District’s Employee Compliance Officer. All reports received by
teachers, counselors, principals, or other District employees shall be promptly
forwarded to the Employee Compliance Officer. If the Employee Compliance Officer is
the individual alleged to have engaged in the prohibited conduct, the complaint shall be
forwarded to the Superintendent, and the Superintendent shall designate an alternate
Employee Compliance Officer to investigate the matter.

Any Aggrieved Individual may file with the Employee Compliance Officer a complaint
charging the District or any other school employee with unlawful discrimination or
harassment. Complaints may be made orally or in writing. Persons who wish to file a
written complaint shall be encouraged to use form AC-E2: “Discrimination/Harassment
Complaint Form.”

All complaints shall include a detailed description of the alleged events, the dates the
alleged events occurred, and names of the parties involved, including any witnesses.
The complaint shall be made as soon as possible after the incident.

The Employee Compliance Officer shall confer with the Aggrieved Individual and/or the
alleged victim of the unlawful discrimination or harassment as soon as is reasonably
possible, but no later than 15 school days following the District’s receipt of the complaint
in order to obtain a clear understanding of the basis of the complaint.

Within 5 school days following the initial meeting with the Aggrieved Individual and/or
alleged victim, the Employee Compliance Officer shall attempt to meet with the
individual alleged to have engaged in the prohibited conduct. Such person(s) shall be
informed of all allegations that, in the Employee Compliance Officer’s judgment, are
necessary to achieve a full and accurate disclosure of material information or to
otherwise resolve the complaint.
At the initial meetings, the Employee Compliance Officer shall explain the avenues for
informal and formal action, provide a description of the complaint process, and explain
that both the victim and the individual alleged to have engaged in prohibited conduct
have the right to exit the informal process and request a formal resolution of the matter
at any time. The Employee Compliance Officer shall also explain that whether or not the
individual files a written complaint or otherwise requests action, the District is required
by law to take steps to correct the unlawful discrimination or harassment and to prevent
recurring unlawful discrimination, harassment, or retaliation against anyone who makes
a report or participates in an investigation. The Employee Compliance Officer shall also
explain that any request for confidentiality shall be honored so long as doing so does
not preclude the District from responding effectively to prohibited conduct and
preventing future prohibited conduct.

Informal Action

If the Aggrieved Individual and/or the individual alleged to have engaged in the
prohibited conduct requests that the matter be resolved in an informal manner and/or
the Employee Compliance Officer believes that the matter is suitable to such resolution,
the Employee Compliance Officer may attempt to resolve the matter informally through
mediation, counseling, or other non-disciplinary means. If both parties feel a resolution
has been achieved through the informal process, then no further compliance action
must be taken. No party shall be compelled to resolve a complaint of unlawful
discrimination or harassment informally and either party may request an end to an
informal process at any time.

Formal Action

If informal resolution is inappropriate, unavailable, or unsuccessful, the Employee


Compliance Officer shall promptly investigate the allegations to determine whether
and/or to what extent, unlawful discrimination or harassment has occurred. The
Employee Compliance Officer may consider the following types of information in
determining whether unlawful discrimination or harassment occurred:

1. Statements by any witness to the alleged incident;


2. Evidence about the relative credibility of the parties involved;
3. Evidence relative to whether the individual alleged to have engaged in prohibited
conduct has been found to have engaged in prohibited conduct against others;
4. Evidence of the Aggrieved Individual and/or alleged victim’s reaction or change in
behavior following the alleged prohibited conduct;
5. Evidence about whether the alleged victim and/or aggrieved individual took
action to protest the conduct;
6. Evidence and witness statements or testimony presented by the parties involved;
7. Other contemporaneous evidence, and/or
8. Any other evidence deemed relevant by the Employee Compliance Officer.

In deciding whether conduct is a violation of law or policy, all relevant circumstances


shall be considered by the Employee Compliance Officer, including:

1. The degree to which the conduct affected one or more student’s education;
2. The type, frequency, and duration of the conduct;
3. The identity of and relationship between the individual alleged to have engaged
in the prohibited conduct and the Aggrieved Individual and/or alleged victim;
4. The number of individuals alleged to have engaged in the prohibited conduct and
number of victims of the prohibited conduct;
5. The age of the individual alleged to have engaged in the prohibited conduct and
the Aggrieved individual and/or alleged victim;
6. The size of the school, location of the incident, and context in which it occurred;
and/or
7. Other incidents at the school.

The Employee Compliance Officer shall prepare a written report containing findings and
recommendations, including proposed disciplinary action for students and/or employees
as appropriate, and submit the report to the Superintendent or the Superintendent’s
designee within 15 school days following the Employee Compliance Officer’s initial
meeting with the complainant or 15 school days following the termination of the informal
resolution process. To the extent permitted by federal and state law, the Employee
Compliance Officer shall notify all parties in writing of the final outcome of the
investigation and all steps taken by the District within 5 days following the Employee
Compliance Officer’s determination. The District shall implement the recommendations
found in the Employee Compliance Officer’s report.

Should the Aggrieved Individual and/or alleged victim disagree with the Employee
Compliance Officer’s findings and recommendations, the Aggrieved Individual and/or
alleged victim may appeal the Employee Compliance Officer’s decision by submitting a
written appeal to the Superintendent or his or her designee within 10 calendar days of
receipt of the notification of the final outcome of the investigation. The written appeal
shall include any additional evidence to be considered and shall state with specificity the
appellant’s disagreements with the Employee Compliance Officer’s decision. The
Superintendent or his or her designee shall review the evidence and submit a final
written report affirming or reversing the Employee Compliance Officer’s determination
and proposing additional recommendations as appropriate. The Superintendent or
designee’s decision shall be final.
Legal Ref.:
Title IX of the Education Amendments, 20 U.S.C. § 1681
Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq.
Title VI of the Civil Rights Act, 42 U.S.C. § 2000d -R1
Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e
Genetic Information Nondiscrimination Act, 42 U.S.C. § 2000ff et seq.
C.R.S. § 2-4-401(13.5)
C.R.S. § 22-32-109(1)(kk)(II)
C.R.S. § 22-61-101
C.R.S. § 24-34-301 et seq.
C.R.S. § 24-34-401 et seq.
C.R.S. § 24-34-601 et seq.

Cross Refs.:
GBA – Equal Opportunity and Nondiscrimination

Adopted: _______, 2014

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