MSAD #43 AFFIRMATIVE ACTION PLAN
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I. GENERAL POLICY STATEMENT
A. Statement of Non-Discrimination
MSAD #43 (Maine School Administrative District No. 43) does not discriminate against employees or students on the basis of race, age, color, ancestry or national origin, religion, sex or physical or mental disability or sexual orientation in admission to, access to, treatment in or employment in its programs and activities.
B. Compliance with Anti-Discrimination Laws
MSAD #43 recognizes its obligation to comply with the provisions of:
Equal Employment Opportunities Act of 1972 (P .L. 92-261) Amended Title VII of the Civil Rights Act of 1964 (42 V.S.C. § 2000(e) et seq.)
Title IX of the Education Amendments of 1972 (20 S.C. § 1681 et. seq.) Title VI of the Civil Rights Act of 1964 (P .L. 88-352)
Age Discrimination in Employment Act of 1967 (29 V.S.C. § 621 et seq.)
Equal Pay Act of 1963 (20 V.S.C. § 206)
Vocational Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.)
Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)
Maine Human Rights Act of 1972 (5 MRSA § 4571), as amended
Maine Civil Rights Act (5 MRSA § 4552-4612), as amended
References
Policy AC – Nondiscrimination/Equal Opportunity and Affirmative Action
Policy ACAA – Harassment and Sexual Harassment of Students
Policy ACAA-R – Student Discrimination and Harassment Complaint Procedure
Policy ACAB – Harassment and Sexual Harassment of School Employees
Policy ACAB-R – Employee Discrimination and Harassment Complaint Procedure
Policy ACAD - Hazing
C. Contacts for Inquiries or Complaints
To make an inquiry or file a complaint concerning the above statement, an individual may contact one of the following:
Affirmative Action Officer Maine Human Rights Commission
MSAD #43 State House 51
3 Recreation Drive Augusta, ME 04333
Mexico, ME 04257 Telephone: 207-624-6050
Telephone: 207-364-7896
U.S. Department of Education
Office for Civil Rights
33 Arch Street, Suite 900
Boston, MA 02110-1491
Telephone: 617-289-0111
D. Complaint/Grievance Procedures
Complaint/grievance procedures (outlined in Section VIII) are available which provide for the prompt and equitable resolution of complaints alleging discrimination based on race, age, color ancestry or national origin, religion, sex or physical or mental disability or sexual orientation. Copies of the complaint/grievance procedures will be made available to any interested person upon request at the offices of the Affirmative Action Officer.
II. DISSEMINATION PROCEDURES; NOTICE AND POSTING
A. General Notice and Posting
Notice of this Affirmative Action Plan, including but not limited to, the nondiscrimination and sexual harassment policies and grievance procedures contained therein, will be distributed to all employees and students at the beginning of each school year.
The information contained in the General Policy Statement in Section I above shall be:
1. Posted in a conspicuous and accessible place in all school buildings of MSAD #43;
2. Included in written announcements, bulletins, catalogs or application forms which are made available to applicants for employment, students and parents of elementary and secondary students, employees, and all unions or professional organizations holding collective bargaining or professional agreements with MSAD #43, or which are otherwise used in connection with the recruitment of students or employees.
3. A copy of the Affirmative Action Plan will be provided to all employees at time of hire;
4. Distributed to all personnel in charge of screening, recruiting, selection, hiring and promotion of employees or applicants;
5. Published annually in all school handbooks (student and employee handbooks);
6. Sent to all secondary schools, college or university placement services which request information on available job openings with MSAD #43.
B. Annual Notice of Harassment and Sexual Harassment of School Employees Policy
A copy of the Harassment and Sexual Harassment of School Employees Policy and Employee and Discrimination and Harassment Complaint Procedure (Section VIII), will be distributed annually to all MSAD #43 employees.
C. Posting on Sexual Harassment and Employment Discrimination
Workplace poster on sexual harassment and employment discrimination (see sample in Appendix) shall be posted in conspicuous and accessible places within MSAD #43 where notices to employees are customarily posted.
D. Copies of Affirmative Action Plan Available
A copy of this Affirmative Action Plan, including all of the policies contained therein, will be made available to any interested person upon request at the offices of the Affirmative Action Officer.
III. TRAINING
A. Gender Equity Training
MSAD #43 will be responsible for developing plans for in-service training programs on gender equity for teachers, administrators and the Board of Directors.
B. Sexual Harassment Training
MSAD #43 will conduct education and training programs on sexual harassment:
1. For all new employees within one year of commencement of employment, and;
2. For supervisory and managerial employees within one year of commencement of supervisory or managerial employment status.
IV. RESPONSIBILITY FOR IMPLEMENTATION
A. The Superintendent of Schools holds ultimate responsibility for the operation, oversight and success of MSAD #43's Affirmative Action Plan and non-discrimination policies. These responsibilities will be delegated in whole or in part to an Affirmative Action Officer who will be appointed by and report directly to the Superintendent.
B. The responsibilities of the Affirmative Action Office include but are not limited to the following:
1. Managing the organization and implementation of the Affirmative Action Plan;
2. Disseminating the required notices, policies and information regarding federal and state-anti-discrimination laws to employees, applicants, students and parents, and others, where applicable;
3. Maintaining such records, reports and documents as the Officer may require to comply with federal and state record keeping requirements;
4. Coordinating MSAD #43's efforts to comply with and carry out its responsibilities under all applicable federal and state anti-discrimination laws (including serving as the Title IX/ADA/Section 504/Age Discrimination Coordinator as required by those laws);
5. Coordinating the investigation of complaints of discrimination based on race, age, color, ancestry or national origin, religion, sex or physical or mental disability in relation to employees, applicants for employment and students;
6. Reporting to the Superintendent when necessary any findings and recommendations for enforcing compliance with the Affirmative Action Plan;
7. Developing, coordinating and implementing plans for in-service gender equity training programs;
8. Developing, coordinating and implementing sexual harassment training programs for employees and supervisors.
C. Each person charged with the screening, selection, recruiting, hiring and/or promotion of applicants or employees within MSAD #43 must adhere to the policy of non-discrimination and equal opportunity established in the Affirmative Action Plan.
V. ASSESSMENT OF CURRENT WORKFORCE; UTILIZATION ANALYSIS
MSAD #43 shall periodically assess the numbers of minorities, women and persons with disabilities in its workforce, and determine where imbalances exist. Such assessment will determine whether there is underutilization of a particular gender or minority or of persons with disabilities in different job categories within MSAD #43.
The term “underutilization” is defined by the Office of Federal Contract Compliance as having fewer minorities or women in a particular job classification than would reasonably be expected by their availability in the job market where an employer can reasonably expect to recruit new employees.
In determining whether underutilization in the workforce exists, MSAD #43 shall consider relevant local workforce statistics, MSAD #43's workforce profile, the nature and validity of its job classifications and the number, frequency and category of vacancies.
A utilization analysis and survey of MSAD #43's workforce was conducted during the first quarter to meet the requirements under this section.
VI. GOALS, PROCEDURES AND TIMETABLES
If it is determined that imbalances exist within MSAD #43's workforce with respect to numbers of minorities, women and persons with disabilities, the District will develop goals for necessary action and related procedures and timetables for correcting such imbalances.
The following goals, procedures and timetables have been adopted to increase the representation of minorities, women and handicapped at all levels and in all segments of the MSAD #43’s work force where imbalances exist:
1. Recruitment - It is the intent of the MSAD #43 to ensure equal access to all employment opportunities.
a. Goal/Objective - The District will make continued efforts to recruit all segments of the population in the State of Maine, including women, minorities and the disabled.
b. Responsibility – Building Administrators, Affirmative Action Officer, and Department Heads.
c. Timetable - Ongoing.
2. Selection - Hiring of personnel is done according to School Board Policy, with interviews being monitored by the Superintendent of Schools for compliance with the Affirmative Action Plan.
a. Goal/Objective - When vacancies arise in job classifications where women, minorities or the disabled are underrepresented, the Superintendent of Schools will review interview questions prior to contracting candidates to ensure that the District presents an equal employment opportunity.
b. Responsibility – Building Administrators, Superintendent of Schools and Affirmative Action Officer.
c. Timetable - Ongoing.
3. Wage and Salary Standards - Job classifications and wage and salary standards are base solely upon the knowledge, skills, and abilities required by the position.
a. Goal/Objective - Creation of new or upgrading of existing job classifications will be discussed with the Affirmative Action Officer prior to implementation.
b. Responsibility - Superintendent of Schools and Affirmative Action Officer.
c. Timetable - Ongoing.
4. Complaint Procedure - Internal and external complaints of discrimination will be treated seriously and promptly by MSAD #43.
a. Any employee who believes he/she has been harassed or discriminated against is encouraged to try to resolve the problem by informing the individual(s) that the behavior is unwelcome or offensive and by requesting that the behavior stop. This shall not prevent the employee, however, from making an immediate formal complaint.
b. Any employee who believes he/she has been discriminated against or harassed should report their concern promptly to the Building Administrator. If the employee is uncomfortable reporting concerns to the Building Administrator, he/she may report the concern to the Affirmative Action Officer. The report should be made in writing.
Employees who are unsure as to whether unlawful discrimination or harassment has occurred are encouraged to discuss their concerns with the Building Administrator/Affirmative Action Officer. Employees will not be retaliated against for reporting suspected discrimination or harassment.
c. Any Employee who believes he/she has been discriminated against or harassed is encouraged to utilize the District’s complaint procedure. However, employees are hereby notified that they also have the right to report incidents of discrimination or harassment to the:
Maine Human Rights Commission and/or Office for Civil Rights, Regional Director
51 State House Station U.S. Department of Education
Augusta, ME 04333 S.W. McCormack POCH Room 222
Telephone: 207-624-6050 Boston, MA 02109-45
Telephone: 617-223-9622
5. Reasonable Accommodation for Disabled Applicants and Employees
It is MSAD #43’s intent to provide reasonable accommodation to applicants and employees with disabilities consistent with the requirements of the Americans With disabilities Act and the Maine Human Rights
Act.
a. Goal/Objective
Periodically review and assess hiring procedures and implementation of employee leave policies for compliance with the Americans With Disabilities Act and the Maine Human Rights Act.
b. Responsibility – Affirmative Action Officer
c. Timetable – Ongoing.
VII. POLICY ON RECRUITING AND HIRING OF ADMINISTRATIVE AND NON- ADMINISTRATIVE STAFF
The procedures in the following section are designed to establish a non-discriminatory
hiring practice.
A. Job Description Development/Review
Written job descriptions shall be developed for each position. To ensure that each job description accurately represents the current functions and projected needs in the event of vacancy, the Superintendent/designee shall:
1. Conduct a review of the job description consulting with those people affected by the position to ensure that the information contained in it is relevant to the position.
2. Develop the criteria (skills, knowledge, abilities) required to perform the duties and responsibilities of the position, and review and revise such criteria, as necessary.
3. Determine the minimum qualifications (training, education and experience) for the position.
B. Recruitment
Except where special circumstances may warrant a departure from any or all of the following procedures, the Superintendent/designee shall:
1. Advertise to attract a wide pool of candidates.
2. Ensure wide media coverage with at least one statewide ad with emphasis on media whose coverage includes a diverse population. (i.e. Portland Maine Sunday Newspaper.)
3. Post notification of the job vacancy internally in accordance with standard MSAD#43 procedures.
C. Screening
To ensure that a non-discriminatory and efficient screening process will occur, the Superintendent/designee shall:
1. Eliminate all applicants who do not meet the minimum qualifications;
2. Ensure that all applications are reviewed by more than one individual with attention given to perceived conflicts of interest;
3. Provide orientation on confidentiality and equity issues to screeners;
4. Conduct a preliminary reference check, if appropriate.
5. Select candidates for interview based on the degree to which they meet the criteria and demonstrate the skills, knowledge and abilities outlined in the job description.
D. Interviewing
The Superintendent/designee shall:
1. Appoint an interview panel according to School Board policy;
2. Provide orientation to the panel on the process, and nomination/hiring procedure;
3. Conduct training to ensure that panel members are aware of the legal aspects on interviewing, including confidentiality and equity issues.
The interview panel shall:
1. Use interview questions that match the duties/responsibilities of the position and the criteria outlined in the job description;
2. Provide the opportunity for each candidate interviewed to respond to the same questions.
E. Recommendation
The interview panel shall:
1. Assess each candidate on the same basis, including the criteria outlined in the job description;
2. Discuss the selection of a candidate(s) with the Superintendent to assist him/her in the selection process.
F. Selection/Employment
The Superintendent shall:
1. Have references contacted (and site visits made if appropriate) to check perceived strengths and weaknesses of the candidate(s)
2. Review the material on the selected candidate(s) to determine whether additional information is needed;
3. Nominate/employ the selected candidate(s) in accordance with local school policies.
G. Notification
The Superintendent shall:
1. Offer the position to the selected candidate;
2. Ensure that unsuccessful candidates are notified once acceptance is assured.
H. Orientation and Support
To ensure that new employees are provided with the proper information about the job expectations, the Superintendent/designee shall provide an orientation that includes expectation of the duties and responsibilities of the position and the policies and procedures of MSAD#43.
I. Record Keeping
To ensure that the confidentiality of employee and applicant records is properly maintained, the Superintendent shall provide for the maintenance in secure files of all applications and documentation of the hiring, screening and interview process as well as hiring statistics for MSAD #43 for a period of three (3) years.
VIII. HARASSEMENT POLICY AND DISCRIMINATION/HARASSMENT
COMPLAINT PROCEDURES
The following policy and complaint procedures have been adopted in order to provide
a method of prompt and equitable resolution of complaints of discrimination or harassment based on race, color, sex, religion, ancestry or national origin, age, sexual orientation or disability. The complaint procedure to meet the requirements of Title IX of the Education Amendments of 1972 (34 C.F.R. § 106.8(B), the Americans with Disabilities Act (28 C.F.R. § 35.107), Section 504 of the Rehabilitation Act of 1973 (34 C.F.R. § 104.7), and the Age Discrimination Act of 1975 (34 C.F.R. § 110.25).
A. General Policy and Procedures
Harassment of Employees and Students Prohibited
It is the policy of MSAD #43 that all our employees and students should be able to enjoy a work and educational environment free from all forms of discrimination, including sexual harassment. Harassment of students because of race, color, sex, religion, ancestry, national origin, disability, or sexual orientation is prohibited. Such conduct is a violation of District policy and may constitute illegal discrimination under state and federal laws. Harassment includes but is not limited verbal abuse based on race, color, sex, religion, ancestry, national origin, disability, or sexual orientation. Volunteers, visitors and other persons with whom students may interact in order to pursue school activities are also required to refrain from such conduct.
Any conduct that is harassing to students or employees on the basis or race, color, sex, religion, ancestry, national origin, disability or sexual orientation will not be tolerated. Any employee or student will be subject to formal disciplinary action for violation of this policy, up to and including termination or expulsion.
Sexual Harassment
Any conduct which constitutes sexual harassment of any MSAD #43 employee or student is prohibited and will not be tolerated by MSAD #43. In accordance with its policy, the District Department will regard freedom from sexual harassment as an individual employee and student right which will be safeguarded as a matter of policy. Sexual harassment is defined as nay unwelcome sexual advances, request for sexual favors, and physical contact of a sexual nature when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education;
2. Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual; or
3. Such conduct has the purpose or effect of interfering with an individual’s
Academic or professional performance or creating an intimidating, hostile or offensive employment or educational environment.
Procedure for Reporting Harassment
Any MSAD #43 employee or student having a complaint of harassment should
Immediately report the incident to the Building Administrator or Affirmative Action
Officer. The process outlined in the Employee Discrimination and Harassment Complaint Procedure will be implemented.
No employee or student shall be subjected to any discipline or adverse treatment because
The employee or student made a complaint of harassment. All appropriate confidence
Shall be maintained. Complaints will be handled following due process as outlined in
The Affirmative Action Plan. Complaints may be reported to either the school of the
Maine Human Rights Commission, 51 State House Station, Augusta, ME 04333-0051,
B. Employee Complaint Procedure
Employees who feel they have been harassed or discriminated against in violation of this policy should report their concerns to the Building Administrator, or if uncomfortable reporting concerns to him or her, then the report should be made to the Affirmative Action Officer. Employees are encouraged to discuss concerns with any of these individuals if unsure about whether discrimination or harassment has occurred. Employees will not be retaliated against for reporting suspected discrimination or harassment.
Complaint Handling and Investigation
1. The Building Administrator shall promptly inform both the Superintendent and the Affirmative Action Officer that a complaint has been received. The Affirmative Action Officer shall also promptly inform the person who is the subject of the complaint except where prompt notification would hamper or otherwise jeopardize investigation of the complaint. In such circumstances, notification to the person who is the subject of the complaint shall be given as soon as is practicable.
2. The complaint will be investigated by the Affirmative Action Officer, unless the Affirmative Action Officer or the Superintendent appoints another person to investigate it on his or her behalf.
3. If the complaint is against an employee of MSAD #43, the employee’s rights under his or her collective bargaining agreement shall be followed.
4. The Affirmative Action Officer shall keep a record of all parts of the investigation. The confidentiality rights of students and employees shall be observed.
5. The Affirmative Action Officer may take interim remedial measures consistent with any applicable collective bargaining provisions to reduce the risk of further harassment or discrimination while the investigation is pending. The Affirmative Action Officer may consult with the Superintendent concerning any issue relating to the investigation, conclusions and remedial and disciplinary actions.
6. If, after completing the investigation, the Affirmative Action Officer determines that discrimination or harassment has occurred, the Affirmative Action Officer will:
a. Determine what, if any, remedial action is required; and
b. Determine what, if any, disciplinary action should be taken against the
individual(s) who engaged in discrimination or harassment including referring the matter to the Superintendent. Disciplinary action against employees shall be kept confidential to the extent required by applicable state and federal law.
7. If the complaining employee is dissatisfied with the Affirmative Action Officer’s
Conclusions and /or remedial action, he or she may appeal to the Superintendent. The Superintendent shall review the report of the investigation and may conduct
Further investigation if he or she deems it appropriate. The superintendent’s decision shall be final.
Employees also have the right to report incidents of discrimination or harassment to the Maine Human Rights Commission, State House Station 51, Augusta, ME 04333, telephone (207)624-6050; or to the federal Office for Civil Rights, Region Director, U.S. Department of Education, S.W. McCormick POCH Room 222, Boston, MA 02109-4557, Telephone (617)223-9622.
C. Student Complaint Procedure
How to Make a Complaint
1. Any student who believes he/she has been discriminated against or harassed should report their concern promptly to the Building Administrator. Students who are unsure whether discrimination or harassment has occurred are encouraged to discuss the situation with the Building Administrator.
2. School staff is expected to report possible incidents of discrimination or harassment of students. Parents and other adults are also encouraged to report any concerns about possible discrimination or harassment of students.
3. Students and others will not be retaliated against for making a complaint. Any retaliation by students or school staff will result in disciplinary measures up to and including expulsion or dismissal.
4. Students are encouraged to utilize the District’s Complaint Procedure. However, students are hereby notified that they also have the right to report complaints to the:
Maine Human Rights Commission and/or Federal Office for Civil Rights
State House Station 51 Regional Director
Augusta, ME 04333 U.S. Department of Education
Telephone: 207-624-6050 S.W. McCormack POCH Room 222
Boston, MA 02109-4557
Telephone: 617-223-9622
D. Complaint Handling and Investigation
1. The Building Administrator shall promptly inform the Superintendent and the person(s) who is the subject of the complaint that a complaint has been received.
2. The Building Administrator may pursue an informal resolution of the complaint with the agreement of the parties involved. The informal resolution is subject to the approval of the Superintendent, who shall consider whether the informal resolution is in the best interest of the school unit in light of the particular circumstances and applicable policies and laws.
3. The complaint will be investigated by the Building Administrator, unless the Superintendent chooses to investigate the complaint or designates another person to investigate it on his/her behalf. Any complaint about an employee who holds a supervisory position shall be investigated by a person who is not subject to that supervisor’s authority. Any complaint about the Superintendent will be submitted to the Board Chair or Vice Chair, who will consult with legal counsel concerning the handling and investigation of the complaint.
a. The person who is the subject of the complaint will be provided with an opportunity to be heard as part of the investigation.
b. If the complaint is against an employee of the District, any applicable individual or collective bargaining contract provisions shall be followed.
c. Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws.
d. The Building Administrator keep a written record of the investigation process.
e. The Building Administrator may take interim remedial measures to reduce the risk of further discrimination or harassment while the investigation is pending.
f. The Building Administrator shall consult with the Superintendent concerning the investigation, conclusions, and any remedial and/or disciplinary actions.
g. The investigation shall be completed within 30 calendar days of receiving the complaint, if practicable.
4. If the Building Administrator determines that discrimination or harassment occurred, he/she shall, in consultation with the Superintendent:
a. Determine what remedial action is required, if any;
b. Determine what disciplinary action should be taken against the person(s) who engaged in discrimination or harassment, if any; and
c. Inform the student who made the complaint in writing of the results of the
investigation and its resolution (in accordance with applicable state and federal privacy laws).
5. If the student’s parent/legal guardians are dissatisfied with the resolution, an appeal may be made in writing to the Superintendent within 14 calendar days after receiving notice of the resolution. The Superintendent shall review the investigation report and may conduct further investigation if deemed appropriate. The Superintendent’s decision shall be final.
Legal Reference: Americans with Disabilities Act (28 CFR § 35.07)
Section 504 of the Vocational Rehabilitation Act (34 CFR § 104.7)
Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
20 USC § 1232g; 34 CFR Part 99
5 MRSA § 4571; 4602; 4681 et seq.
20-A MRSA § 6001 et seq.
Cross Reference: AC - Nondiscrimination/Equal Opportunity and Affirmative Action
ACAA - Harassment and Sexual Harassment of Students
REPORT OF INVESTIGATION
Name of Person Conducting Investigation
Name of Person Making Complaint
Summary of Initial Complaint
Summary of Response to Complaint
Documents Reviewed
Witnesses Interviewed
Findings and Conclusion
Date Signature
? Building Administrator ? Superintendent ? Affirmative Action Officer
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