HIBBING PUBLIC SCHOOLS
INDEPENDENT SCHOOL DISTRICT 701


BOARD POLICY 401
SERIES: 400 Employees/Personnel
SUBJECT: 401 Equal Employment Opportunity
ADOPTED:  
REVISED: February 3, 2010



I. PURPOSE

The purpose of this policy is to provide equal employment opportunity for all applicants for school district employment and school district employees.


II. GENERAL STATEMENT OF POLICY

A. It is the school district’s policy to provide equal employment opportunity for all applicants and employees.  The school district does not unlawfully discriminate on the basis of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, age, family care leave status, or veteran status. The school district also makes reasonable accommodations for disabled employees.

B. The school district prohibits the harassment of any individual for any of the categories listed above.  For information about the types of conduct that constitute impermissible harassment and the school district’s internal procedures for addressing complaints of harassment, please refer to the school district’s policy on harassment and violence.

C. This policy applies to all areas of employment including hiring, discharge, promotion, compensation, facilities, or privileges of employment.

D. It is the responsibility of every school district employee to follow this policy.

E. Any person having any questions regarding this policy should discuss it with the Superintendent.


III. REPORTING GRIEVANCE PROCEDURES

A. Any applicant or employee who believes he or she has been the victim of unlawful discrimination by district personnel, or any person with knowledge or belief of conduct which may constitute unlawful discrimination toward an applicant or employee should report the alleged acts immediately to an appropriate school district official designated by this policy.  The school district encourages the reporting party or complainant to use the report form available from the principal of each building or available from the school district office, but oral reports shall be considered complaints as well.  Nothing in this policy shall prevent any person from reporting unlawful discrimination toward an applicant or employee directly to the superintendent.

B. In Each School Building. The building principal is the person responsible for receiving oral or written reports of unlawful discrimination toward an applicant or employee at the building level.  

C. Upon receipt of a report, the principal must notify the school district human rights officer immediately, without screening or investigating the report.  The principal may request, but may not insist upon a written complaint. A written statement of the facts alleged will be forwarded as soon as practicable by the principal to the human rights officer.  If the report was given verbally, the principal shall personally reduce it to written form within 24 hours and forward it to the human rights officer.  Failure to forward any report or complaint of unlawful discrimination toward an applicant or employee as provided herein may result in disciplinary action against the principal.  If the complaint involves the building principal, the complaint shall be made or filed directly with the superintendent or school district human rights officer by the reporting party or complainant.

D. The school board hereby designates its Superintendent as the school district human rights officer(s) to receive reports, complaints or grievances of unlawful discrimination toward an applicant or employee.  If the complaint involves a human rights officer, the complaint shall be filed directly with the High School Principal.


        Human Rights Officer:                         High School Principal:
        Robert D. Belluzzo, Superintendent               Michael Finco                    
        800 E 21st Street                                800 E 21st Street
        Hibbing, MN 55746                                Hibbing, MN 55746
        218-263-4850                                     218-262-0490


E. The school district shall conspicuously post the name of the Title IX coordinator and human rights officer(s), including office mailing addresses and telephone numbers.

F. Submission of a good faith complaint, grievance or report of unlawful discrimination toward an applicant or employee will not affect the complainant or reporter’s future employment or work assignments.

G. Use of formal reporting forms is not mandatory.

H. The school district will respect the privacy of the complainant, the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the school district’s legal obligations to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations.


IV. INVESTIGATION

A. By authority of the school district, the human rights officer, upon receipt of a report or complaint alleging unlawful discrimination toward an applicant or employee shall promptly undertake or authorize an investigation.  The investigation may be conducted by school district officials or by a third party designated by the school district.

B. The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint.  The investigation may also consist of any other methods and documents deemed pertinent by the investigator.

C. In determining whether alleged conduct constitutes a violation of this policy, the school district should consider the surrounding circumstances, the nature of the behavior, past incidents or past or continuing patterns of behavior, the relationships between the parties involved and the context in which the alleged incidents occurred.

Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances.

D. In addition, the school district may take immediate steps, at its discretion, to protect the complainant, pupils, teachers, administrators or other school personnel pending completion of an investigation of alleged unlawful discrimination toward an applicant or employee.

E. The investigation will be completed as soon as practicable.  The school district human rights officer shall make a written report to the superintendent upon completion of the investigation.  If the complaint involves the superintendent, the report may be filed directly with the school board.  The report shall include a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy.


V. SCHOOL DISTRICT ACTION

A. Upon conclusion of the investigation and receipt of a report, the school district will take appropriate action.  Such action may include, but is not limited to, warning, suspension, termination or discharge.  School district action taken for violation of this policy will be consistent with requirements of applicable collective bargaining agreements, Minnesota and federal law and school district policies.

B. The result of the school district’s investigation of each complaint filed under these procedures will be reported in writing to the complainant by the school district in accordance with state and federal law regarding data or records privacy.  


VI. REPRISAL

The school district will discipline or take appropriate action against any teacher, administrator or other school personnel who retaliates against any person who reports alleged unlawful discrimination toward  any person who testifies, assists or participates in an investigation, or who testifies, assists or participates in a proceeding or hearing relating to such unlawful discrimination. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.


VII. RIGHT TO ALTERNATIVE COMPLAINT PROCEDURES

These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the Minnesota Department of Human Rights, initiating civil action or seeking redress under state criminal statutes and/or federal law, or contacting the Equal Employment Opportunity Commission.

Minnesota Department of Human Rights       Equal Employment Opportunity Commission
190 E. 5th Street                                         330 S. 2nd Avenue, Suite 430
St. Paul, MN 55101                                      Minneapolis, MN 55401
800-657-3704                                             800-669-4000
651-296-5663                                             612-335-4040
TDD: 651-296-1283                                    TDD: 612-335-4045


VIII. DISSEMINATION OF POLICY AND EVALUATION

A. This policy shall be made available to all staff members, employee unions and organizations.

B. The school district shall review this policy and the school district’s operation for compliance with state and federal laws prohibiting discrimination on a continuous basis.





Legal References:
M. S. Ch. 363A (Minnesota Human Rights Act)
29 U.S.C. § 621 et seq. (Age Discrimination in Employment Act)
29 U.S.C. § 2615 (Family and Medical Leave Act)
38 U.S.C. § 4211 et seq. (Employment and Training of Veterans)
38 U.S.C. § 4301 et seq. (Employment and Reemployment Rights of Members of the Uniformed Services)
42 U.S.C. § 2000e et seq. (Title VII of the Civil Rights Act)
42 U.S.C. § 12101 et seq. (Equal Opportunity for Individuals with Disabilities)