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EQUAL EDUCATIONAL OPPORTUNITY
The district shall provide equal and bias-free access for all pupils to all school facilities, courses, programs, activities and services and give them maximum opportunity to achieve their potential regardless of race, creed, color, national origin, ancestry, age, sex, affectional or sexual orientation, marital status, liability for service in the Armed Forces of the United States, nationality, place of residence within the district, social or economic condition, or disability. Enforcement of other district affirmative action/equity policies (2224, 4111.1, 4211.1 and 6121) contribute to this legally required equality of educational opportunity. Staff members shall maintain professional relationships with pupils and other staff members at all times and develop wholesome and constructive relationships with them. Staff members shall be expected to regard each pupil as an individual and to accord them the rights and respect that is their due. Staff members shall promote a learning environment that encourages fulfillment of each pupil's potential in regard to his/her program, consistent with district goals and with optimal opportunities for pupils. This goal may be reached by adapting instruction to individual needs, by:
Pupils and staff shall respect the rights of other pupils to receive an education in an environment that is conducive to learning and personal growth. No pupil shall have the right to abridge another pupil's right to privacy or right to hold personal beliefs which are different from those of the mainstream. Harassment The district's affirmative action program is part of each academic program regarding all pupils. No one--including pupils, staff members, vendors, volunteers, or visitors--shall commit an act of harassment/discrimination of any kind against any member of the school community on any of the grounds prohibited by law. Harassment is defined as a repeated pattern of unprovoked aggressive behaviors of a physical and/or psychological nature carried out by an individual or a group against an individual or group with the effect of causing harm or hurt. Harassing behaviors are all those behaviors that are unwelcome, unwanted, and uncomfortable in the view of the recipient. They all have the effect of creating a hostile environment. Harassment may be claimed by a third party. That is, individuals who are not directly involved in the behavior may experience a hostile environment. They shall have the same legal rights to act under this policy as those directly victimized. Sexual Harassment Particularly, the Board of Education shall maintain an academic environment that is free from sexual harassment. Sexual harassment shall consist of unwanted and unwelcome sexual advances, requests for sexual favors, and other inappropriate conduct or communication of a sexual nature when made by any staff member to a pupil, by any pupil to another pupil, by any pupil to a staff member, or by any staff member to another staff member when:
Any member of the student body may file a formal grievance related to sexual harassment. The EEO Education officer for pupils will receive all complaints and initiate a thorough investigation and will protect the rights of both the pupil making the complaint and the alleged harasser. Filing of a grievance or otherwise reporting sexual harassment will not reflect upon the pupil's status nor affect future grades or class assignments. Findings of discrimination in the form of sexual harassment will result in appropriate disciplinary action. Procedures shall be made available for pupils and/or parents/guardians who wish to file a grievance protesting alleged discriminatory or sexually (or other) harassing action. An immediate report of the allegation should be made to the affirmative action officer or Superintendent. Violations of this policy or its related procedures shall be cause for appropriate disciplinary action. Implementation The Superintendent shall direct development of procedures regarding the implementation of this policy to include sanctions, protection of individual rights to confidentiality and due process, and notification procedures. The Superintendent shall ensure that, annually, all staff and all pupils (in means and terms that are age-appropriate) be thoroughly informed of this policy, their right to file grievances under this policy and the law and the procedures relative to filing. Further, all staff and pupils shall be informed annually of the identity of the district's affirmative action officer and how he/she may be contacted. The Superintendent shall also ensure that staff and pupils participate in educational programs relating to this policy and the maintenance of a safe and nurturing educational environment. Date: December 10, 1990 December 10, 2001 First Reading January 14, 2002 Approved Legal References: N.J.S.A. 2C:33-4 Harassment N.J.S.A. 10:5-1 et seq. Law Against Discrimination N.J.S.A. 18A:36-20 Discrimination; prohibition N.J.S.A. 18A:38-5.1 No child to be excluded from school because of race, etc. N.J.A.C. 6:4-1.3 Policy development N.J.A.C. 6:4-1.5 School and classroom practices N.J.A.C. 6:8-2.3 Quality assurance N.J.A.C. 6:8-2.10 State and Federally mandated programs and services N.J.A.C. 6A:30-1.1 et seq. Evaluation of the Performance of School Districts Davis v. Monroe County Board of Education, 526 U.S. 629 (1999) State v. Mortimer, 135 N.J. 517 (1994) 20 U.S.C.A. 1681 - Title IX of the Education Amendments of 1972 20 U.S.C.A. 794 et seq. - Section 504 of the Rehabilitation Act of 1973 20 U.S.C.A. 1400 et seq. - Individuals with Disabilities Education Act (formerly Education for All Handicapped Children Act)--Part B 42 U.S.C.A. 12101 et seq. - Americans with Disabilities Act (ADA) Hawkins-Stafford Elementary and Secondary School Improvement Amendments of 1988 (P.L. 100-297) Manual for the Evaluation of Local School Districts (August 2000) Multi-year Equity Plan for 1996-97 through 1998-99, SDOE Bureau of Equal Educational Opportunity, Doc. #MISM260040699 Cross References: 2224 Nondiscrimination/affirmative action 4111.1 Nondiscrimination/affirmative action 4211.1 Nondiscrimination/affirmative action 5134 Married/pregnant pupils 6121 Nondiscrimination/affirmative action 6141 Curriculum design/development 6145 Extracurricular activities 6161.1 Guidelines for evaluation and selection of instructional materials 6171.4 Special education |
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