A B C D E F G H I J K L

The Kansas City 33 School District (District) does not discriminate on the basis of sex, race, religion, color, national origin, ancestry, age, disability, sexual orientation, gender identity, or any other factor prohibited by law in its programs and activities. The following person has been designated to handle inquiries from students, parents and members of the public regarding the nondiscrimination policies:

Anti-Discrimination and Harassment Coordinator

General Counsel

1211 McGee, Suite 1103

Kansas City, Missouri 64106

Telephone: 816-418-7610

Facsimile: 816-418-7411

The following person has been designated to handle inquiries from employees regarding the nondiscrimination policies:

Employee/Labor Relations Coordinator

Human Relations Department

1211 McGee Street, Suite 812

Kansas City, Missouri 64106

Telephone: 816-418-7417

Facsimile: 816-418-7936

The District strives to provide all of its students, employees and members of the public with an environment that is free of prohibited discrimination or harassment. Accordingly, it is District policy to prohibit discrimination or harassment against any student, employee or applicant for employment on the basis of sex, race, religion, color, national origin, ancestry, age, disability, sexual orientation, gender identity or any other factor prohibited by law. In addition, the District will not tolerate any form of discrimination or harassment on any such basis by employees or any other persons who interact in the workplace, school environment or District-sponsored activities. Students are also prohibited from engaging in discrimination or harassment as defined in the Student Code of Conduct. Discrimination or harassment on these bases is strictly prohibited on school property, in school transportation, in all academic programs and extracurricular activities and at school-sponsored events and activities, regardless of whether or not the event takes place on District property.

The District takes these matters very seriously. Employees engaging in such acts will be subject to discipline up to and including termination of employment. Students will be subject to discipline as outlined in the Student Code of Conduct. Regarding other persons, the District will take action appropriate and necessary to prevent recurrence, which may include banning such persons from District property.

Harassment

Prohibited harassment on the basis of sex, race, religion, color, national origin, ancestry, age, disability, sexual orientation, gender identity, or any other legally protected status may include any verbal, written, graphic or physical conduct that interferes with an employee’s ability to perform his or her job or a student’s educational environment. Examples include, but are not limited to:

1.         Intimidation and implied or overt threats of physical violence motivated by sex, race, religion, color, national origin, ancestry, age, disability, sexual orientation, gender identity, or any other legally protected status

2.         Physical acts of aggression or assault upon another or damage to another's property that is motivated by sex, race, religion, color, national origin, ancestry, age, disability, sexual orientation, gender identity, or any other legally protected status

3.         Threatening or intimidating conduct directed at another because of sex, race, religion, color, national origin, ancestry, age, disability, sexual orientation, gender identity, or any other legally protected status

4.         Demeaning jokes, taunting, racial slurs and derogatory names, innuendos or other negative or derogatory remarks relating to sex, race, religion, color, national origin, ancestry, age, disability, sexual orientation, gender identity, or any other legally protected status

5.         Graffiti, slogans or visual displays, such as cartoons, posters or computer images, which depict slurs or derogatory sentiments or images

6.         Unwelcome sexual advances, requests for sexual favors or other conduct of a sexual nature

7.         Criminal offenses directed at persons because of their sex, race, religion, color, national origin, ancestry, age, disability, sexual orientation, gender identity, or any other legally protected status

No Retaliation

It is strictly against District policy to retaliate against anyone who reports or assists in making a complaint of prohibited harassment or discrimination and/or who cooperates in any harassment or discrimination investigation. Prohibited retaliation may include, but is not limited to, withholding pay increases, poor evaluations, onerous work assignments, demotion, discipline or dismissal. Irrespective of whether there is merit to the initial complaint of harassment or discrimination, retaliation is viewed as a major offense and will result in discipline up to and including termination in the case of employees.

Other Inappropriate Behavior

Behavior that does not constitute prohibited discrimination or harassment under the law or under any of the District’s policies still may be inappropriate for the school environment or workplace. Even if the District determines an individual's behavior does not rise to the level of prohibited discrimination or harassment under this policy, the District may impose appropriate disciplinary action up to and including termination in the case of employees.

As a general rule, disciplinary action will be imposed under this paragraph if the District believes the behavior was inappropriate, unprofessional, objectionable, inconsistent with reasonable rules of conduct, inconsistent with the spirit of the District's harassment-free and discrimination-free philosophy or policy, or not in the best interest of the District or the students the District serves.

Reporting a Complaint

Any person who feels he or she has been a victim of, witnessed, or otherwise become aware of discrimination or harassment prohibited by this policy is encouraged to report the matter immediately. A written complaint is preferred.

Employee or applicant for employment complaints or concerns should be reported to a supervisor, administrator, or the Employee/Labor Relations Coordinator.

Any supervisor who experiences conduct or becomes aware of conduct that potentially violates this policy or receives a complaint about a potential violation of this policy must notify the Employee/Labor Relations Coordinator immediately. Board members likewise have an obligation to report any incident that could constitute discrimination or harassment. Board members should report their concerns to the Legal Services Department.

Student complaints or concerns should be reported to a teacher, building or District administrator, or the Anti-Discrimination and Harassment Coordinator. Due to the sensitive nature of harassment complaints, students/parents may file such a complaint directly with the Anti-Discrimination and Harassment Coordinator.

Any teacher or building administrator or District administrator who becomes aware of conduct that potentially violates this policy or receives a complaint about a potential violation of this policy must notify the Anti-Discrimination and Harassment Coordinator immediately.

Investigation

If discrimination or harassment is discovered or reported, the District will investigate promptly and take immediate and appropriate action to stop the discrimination or harassment and deter its reoccurrence pursuant to Board policies ACA and ACAA.

In determining whether alleged conduct constitutes a violation of this policy, the District will investigate the matter and consider all relevant factors including, but not necessarily limited to, the surrounding circumstances, the nature of the 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 the policy requires a determination based on all of the facts and surrounding circumstances.

Complainants shall be guaranteed the right to an adequate, reliable and impartial investigation of complaints, which shall include:

1.         The opportunity for the complainants to present witnesses and provide evidence.

2.         Completion of investigations within 30 days of the complaint.

3.         Timely notice of the outcome of the investigation.

4.         The right to appeal the decision of the investigating authority to the superintendent’s designee and to receive notice of the decision within 20 days of the appeal.

Confidentiality and Records

To the extent permitted by law, any public record held by this District that is generated or received pursuant to this policy shall be closed and available only to the Board acting as a quorum, a committee appointed by the Board to carry out this policy on a permanent or ad hoc basis, the compliance coordinator and other administrators, including legal counsel, whose duties require access to the record in order to carry out this policy. Such persons may share access, on an individual basis, to such records with complainants or participants in a grievance or other resolution, only to the extent such disclosure promotes the purposes of this policy and is not prohibited by FERPA or any other law. Certain other limited disclosures may be required when material in the records is integral to an action affecting a constitutionally recognized property or liberty interest or is otherwise required by law.

Limitations

Nothing in this policy shall be construed as creating a cause of action. Neither the proscriptions of, nor actions taken under this policy shall on that basis estop the Board from fully arguing for or against the existence of any fact and the scope or meaning of any law in any forum.

Compliance

This rule is intended to effect compliance with federal/state regulations; i.e., Title IX, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (Section 504), Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12131 (Title II), Title Vi of the Civil Rights Act of 1964, 42 U.S.C. § 2000d (Title VI), and the Age Discrimination Act of 1975, 42 U.S.C. § 6101 (Age Act), Chapter 38; Sec. 38-1, Code of Ordinances by the Council of Kansas City Human Rights Department, and the implementing regulations of these federal laws.

* * * * * * *

Adopted:         09/24/2003

Revised:          05/14/2008

Cross Refs:     ACA, Discrimination/Harassment: Complaint Procedures for Parents and Students

ACAA, Discrimination/Harassment: Complaint Procedures for Employees and Applicants for Employment

EHB, Technology Usage

GBCB, Staff Conduct

GBH, Staff/Student Relations

GBL, Personnel Records

GBD, Recruiting and Employment of Staff

IGBA, Programs for Students with Disabilities

IGBCB, Programs for Migrant Students

IGBH, Programs for English Language Learners

IGD, District-Sponsored Extracurricular Activities and Organizations

IICC, School Volunteers

JFCF, Hazing and Bullying

JFH, Student Complaints and Grievances

KK, Visitors to District Property/Events

Legal Refs:     Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 - 1487

Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681

Equal Pay Act, 29 U.S.C. § 206(d)

Age Discrimination in Employment Act, 29 U.S.C. §§ 621 - 634

The Rehabilitation Act of 1973, Section 504, 29 U.S.C. § 794

Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d - 2000d-7

Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e - 2000e-17

Age Discrimination Act of 1975, 42 U.S.C. §§ 6101 - 6107

Americans with Disabilities Act, 42 U.S.C. §§ 12101 - 12213

Missouri Human Rights Act, §§ 213.010 - 213.137, RSMo.

Female Employees' Wages, §§ 290.400 - .450, RSMo.

Davis v. Monroe County Bd. of Educ., 526 U.S. 629 (1999)

Faragher v. City of Boca Raton, 524 U.S. 775 (1998)

Burlington Industries v. Ellerth, 524 U.S. 742 (1998)

Gebser v. Lago Vista Ind. Sch. Dist., 524 U.S. 274 (1998)

Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998)

Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993)

Kansas City 33 School District, Kansas City, Missouri

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