Notice of Nondiscrimination
The Kansas City 33 School 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
Purpose
The Kansas City 33 School District has established procedures to assure nondiscrimination in
educational activities/programs and the elimination of harassment, including sexual harassment.
It is the policy of the Board that all students will be treated with respect by all employees, third
parties, and fellow students. Hostile treatment or violence against a student on the basis of sex, race,
religion, color, national origin, ancestry, age, disability, sexual orientation, gender identity, or any
other factor prohibited by law will not be tolerated.
It is recognized that discrimination or harassment complaints by students/parents may arise from
actual or perceived situations and circumstances related to the prohibition of discrimination. It is
the intent of this policy to assure that discrimination or harassment complaints are resolved in an
expeditious, orderly, and equitable manner that serves to fulfill the letter and intent of the law. All
principals are required to make a conscientious effort to fully consider and understand the nature
and basis of the discrimination or harassment complaint of a student/parent and resolve it, to the
satisfaction of the complainant, without delay or refer it, without delay, to the appropriate office for
resolution. The initiation of a discrimination or harassment complaint by a student/parent will not
be used as a basis for actions that adversely affect the student’s standing in his/her school.
Additionally, participation in or assistance in the investigation of a complaint shall not be used as
the basis for adverse actions against a student.
Discrimination or harassment complaints made under the provisions of this rule will be handled
using federal enforcement agencies standards in the processing and investigation of
discrimination/harassment charges and without extraneous administrative barriers. No anonymous
complaints shall be accepted or processed and all complaints should include, to the best of the
complainant’s ability, specific information regarding the discriminatory or harassing action(s) or
inaction(s), the basis (e.g., age, race, disability, etc.) for the action(s) or inaction(s), the alleged
offender(s), and witnesses, if any. Any complainant who knowingly submits false information will
be subject to disciplinary action. A record will be maintained of each discrimination or harassment
complaint investigation to include the final disposition of each.
Procedure for Filing Complaints
A student or parent who believes that he/she has been the subject of discrimination or harassment
because of his/her gender, race, color, religion, ethnic or national origin, political beliefs, marital
status, age, sexual orientation, gender identity, social and family background, linguistic preference,
pregnancy, or disability, shall communicate his/her complaint or concern to a teacher, building or
District administrator. A student harassing or discriminating against another student shall be subject
to discipline under the Student Code of Conduct.
Due to the sensitive nature of discrimination and harassment complaints, students/parents may file
such a complaint directly with the Anti-Discrimination and Harassment Coordinator as identified
in Board policy AC. In such instances, the complaint shall be resolved by the Anti-Discrimination
and Harassment Coordinator under the same duties and timeline as apply to principal investigations.
Any District staff member who receives a complaint of discrimination or harassment shall notify
the building principal and the Anti-Discrimination and Harassment Coordinator. The principal will
be responsible for scheduling a meeting with the complainant to discuss the complaint within five
(5) days. In the event the complaint involves the student’s principal, the student/parent may go
directly to the Anti-Discrimination and Harassment Coordinator. The principal or the Anti-Discrimination and Harassment Coordinator shall complete the investigation within 30 days from
the date the complaint is received and shall notify the complainant of the outcome in a timely
manner.
If the complaint is not resolved to the complainant’s satisfaction after investigation by the principal,
or cannot be resolved at that level, the student/parent may appeal to the Anti-Discrimination and
Harassment Coordinator. The Anti-Discrimination and Harassment Coordinator shall conduct such
further investigation as necessary, consider any additional evidence the complainant may provide,
and issue a decision within 20 days from the date the appeal or complaint is made.
Appeal
If the student/parent does not agree with the final determination made by the Anti-Discrimination
and Harassment Coordinator, he/she may appeal the determination to the Superintendent of the
District by submitting a letter of appeal to the Anti-Discrimination and Harassment Coordinator
within five (5) workdays of the date of the final determination. The decision of the Superintendent
shall be issued within 20 days from the receipt of the appeal and no further appeals shall be taken.
Special Provisions
1. Failure on the part of the student/parent to initiate and/or follow up on a complaint in a
timely manner may result in the complaint being considered abandoned. A complaint must
be filed within 300 days of the alleged discriminatory act(s).
2. Failure by a principal to address a complaint within ten (10) workdays will automatically
allow the complainant to move the complaint to the next level of administration.
3. In general, students shall continue attendance at school and pursue their studies, as directed,
while complaints are pending resolution. Appropriate interim actions may be provided to
protect the complainant during the investigation and appeal process.
4. Records of an ongoing investigation shall remain confidential and not subject to disclosure
until a final determination is made on the case.
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.
* * * * * * *
Note: The reader is encouraged to check the index located at the beginning of this section
for other pertinent policies and to review administrative procedures and/or forms for
related information.
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Adopted: 05/14/2008
Cross Refs: AC, Prohibition Against Discrimination and Harassment
EHB, Technology Usage
GBCB, Staff Conduct
GBEBB, Employee Alcohol and Drug Testing
GBH, Staff/Student Relations
GBM, Staff Complaints and Grievances
GBD, Recruiting and Employment of Staff
IGBA, Programs for Students with Disabilities
IGBCB, Programs for Migrant Students
IGBH, Programs for Limited English Proficient/Language Minority Students
IGD, District-Sponsored Extracurricular Activities and Organizations
IGDJ, Interscholastic Athletics
JFCF, Hazing and Bullying
JFH, Student Complaints and Grievances
KL, Public Complaints
Legal Refs: P.L. 92-318, Education Amendments of 1972, Title IX 45 CFR, Parts 81, 86
(Federal Register, June 4, 1975; August 11, 1975)
"Notice of Nondiscrimination," Office of Civil Rights, U.S. Dept. of Ed., September
1996
Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq.
Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq.
Americans with Disabilities Act, 42 U.S.C. §§ 12101 - 12213
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681
Rehabilitation Act of 1973, 29 U.S.C. § 794
Family and Medical Leave Act, Prohibited Acts, 29 U.S.C. § 2615
Fair Labor Standards Act, Equal Pay Provisions, 29 U.S.C. § 206(d)
Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 - 1487
Age Discrimination in Employment Act, 29 U.S.C. §§ 621 et seq.
Age Discrimination Act of 1975, 42 U.S.C. §§ 6101 et seq.
Missouri Human Rights Act, §§ 213.010 et seq., RSMo.
Female Employees' Wages, §§ 290.400 et seq., RSMo.
Gebser et al. v. Lago Vista Ind. School Dist., 118 S.Ct. 1989 (1998)
Faragher v. City of Boca Raton, 118 S.Ct. 2275 (1998)
Burlington Industries v. Ellerth, 118 S.Ct. 2257 (1998)
Oncale v. Sundowner Offshore, 118 S.Ct. 998 (1998)
Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993)
Davis v. Monroe County Bd. of Ed., 120 F.3d (11th Cir. 1997), Cert. granted, S.Ct.
(1998)
Kansas City, MO, Municipal Ordinance ch. 38, 38.131 - 38.133
Kansas City 33 School District, Kansas City, Missouri
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