This Policy is under review.

403P - Equal Educational Opportunity/Non-Discrimination

Last Updated Date: 02/20/2024

Adoption Date: 02/06/1990

Revision History: 06/19/2007, 05/17/2016, 03/16/2021, 06/15/2021, 02/20/2024

Policy Statement

Equal educational opportunities shall be available for all students without regard to race, color, creed, religion, national origin, ancestry, ethnicity, sex, sexual orientation, gender, gender identity, disabilities, marital status, pregnancy, childbirth or related medical conditions, or any other characteristic protected by law. Educational programs shall be designed to meet the varying needs of all students.

Complaint Procedure

Any student who believes they have been the victim of prohibited discrimination should report the alleged discrimination as soon as possible to one of the compliance officers designated in this policy. Further, any student who has knowledge of conduct which may constitute prohibited discrimination should report such conduct to one of the compliance officers designated in this policy. Any employee who has knowledge of conduct which may constitute prohibited discrimination shall report such conduct to one of the compliance officers designated in this policy. The complaint, identity of the complainant, and the identity of the person or persons allegedly responsible for the discrimination, will be disclosed only to the extent necessary to fully investigate the complaint and only when such disclosure is required or permitted by law. A complainant who wishes to remain anonymous will be advised that anonymity may limit the school division’s ability to fully respond to the complaint.

Investigation

Upon receipt of a report of alleged discrimination, the compliance officer shall immediately authorize or undertake an investigation. This policy adopts the procedures set forth in Policy 429 – Prohibition Against Harassment and Retaliation, Section IV Procedure for Complaints Referred to Compliance Officer, for the investigation, decision-making, and appeal processes to be used in response to a report of alleged discrimination under this policy.

Compliance Officer

The School Board has named the Director of Student Support Services as the Compliance Officer responsible for identifying, investigating, preventing, and remedying prohibited discrimination. Complaints of discrimination may also be made to the Assistant Director of Student Support Services who is designated as the Alternate Compliance Officer. The Compliance Officer or Alternate Compliance Officer shall:

  • receive reports or complaints of discrimination;

  • oversee the investigation of any alleged discrimination;

  • assess the training needs of the school division in connection with this policy;

  • arrange necessary training to achieve compliance with this policy; and

  • ensure that any discrimination investigation is conducted by an impartial investigator who is trained in the requirements of equal education opportunity, including the authority to protect the alleged victim and others during the investigation.

Retaliation

Retaliation against students or school personnel who report discrimination or participate in the related proceedings is prohibited. The school division shall take appropriate action against any student or school personnel who retaliates against another student or employee who reports alleged discrimination or participates in related proceedings.

Alternate Complaint Procedure

Nothing in this policy shall deny the right of any individual to pursue other avenues of recourse to address concerns relating to prohibited discrimination including initiating civil action, filing a complaint with outside agencies, or seeking redress under state or federal law.

False Charges

Students or school personnel who make false charges of discrimination shall be subject to disciplinary action.

Legal Reference(s):
20 U.S.C. Section(s) 1681-1688

29 U.S.C. Section(s) 794

42 U.S.C. §§ 2000d through 2000d-7

34 CFR 106.9

Code of Virginia, Section(s) 2.2-3900, 2.2-3901, 2.2-3902, 22.1-23.3, 22.1-212.6:1

Policy References: