CODE: 4111.1R
SECTION: INSTRUCTIONAL AND SUPPORT PERSONNEL
NONDISCRIMINATION/AFFIRMATIVE ACTION
The West Milford Board of Education has designated an Affirmative Action Officer
(AAO) to coordinate compliance with efforts to insure that no discrimination
exists and to investigate any complaints of discrimination. As required by
Federal regulations, all employees and students must be notified of the name,
office address, and telephone number of the AAO. Retaliation in any manner
against any district employee or student for filing a grievance on the basis of
discrimination is strictly prohibited.
PURPOSE
To provide students, employees, and parents a procedure by which they can seek
remedy for alleged violations related to discrimination on the basis of race,
color, creed, religion, sex, ancestry, national origin, social or economic
status, age, marital status, affectional or sexual orientation, genetic
information, atypical hereditary cellular or blood trait, liability for service
in the Armed Forces of the United States, or the nationality of the individual.
DEFINITION
1. Grievance: A formal written complaint.
2. Grievant: Any student, parent, or employee aggrieved by a decision or
condition falling under the guidelines of Federal and/or State
anti-discrimination laws.
3. Grievance Officer: The district employee (Affirmation Action Officer)
designated to coordinate compliance efforts with anti-discrimination legislation
and charged with the responsibility of investigating complaints.
PROCEDURE
Step 1: The Grievant should present, in written form, the complaint to the
responsible person designated as the Grievance Officer. (Form A - Grievance
Report Form)
Step 2: The Grievance Officer has five (5) working days or such other reasonably
prompt time as necessary under the circumstances to investigate and respond to
the Grievant. (Form A - Grievance Report Form)
Step 3: If not satisfied, the Grievant may appeal within ten (10) working days
or such other reasonably prompt time as necessary under the circumstances to the
Superintendent or his designee, not the Grievance Officer. (Form B - Appeal
Form)
Step 4: Response by the Superintendent or his designee must be given with five
(5) working days or such other reasonably prompt time as necessary under the
circumstances. (Form B - Appeal Form)
Step 5: If the Grievant is not satisfied at this level, an appeal must be made
within ten (10) working days or such other reasonably prompt time as necessary
under the circumstances to the West Milford Board of Education, which will hear
the complaint at the next Board of Education meeting or within thirty (30)
calendar days or such other reasonably prompt time as necessary under the
circumstances. (Form C - Appeal Form)
The Board of Education hearing shall be conducted so as to provide due process
to all parties involved in the complaint such as the right to present witnesses,
to cross examine witnesses, and to present written statements. The decision of
the Board shall be by a majority of the members at the meeting in Executive
Session.
Step 6: The West Milford Board of Education shall respond to the Grievant within
thirty (30) calendar days. (Form C- Appeal Form)
Step 7: If the Grievant is not satisfied with the Board’s decision, the Grievant
may file a complaint with the Director of the Office for Civil Rights,
Washington, D.C., the United States Equal Employment Opportunity Commission,
and/or the New Jersey Division of Civil Rights.
The Grievant maintains, at all times, the right to bypass the grievance
procedure set forth above and submit his or her complaint directly to the Office
for Civil Rights, the United States Equal Employment Opportunity Commission,
and/or the New Jersey Division of Civil Rights.
Grievance Forms A, B, and C are available in each Principal’s Office in the West
Milford School District and from the Affirmative Action Officer/Grievance
Officer at the West Milford Board of Education Office. Additionally, these forms
are available on the district’s Intranet site.
First Reading: February 27, 2007
Adopted: March 27, 2007