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 employees regarding the nondiscrimination policies:
Employee/Labor Relations Coordinator
Human Relations Department
1211 McGee, Suite 812
Kansas City, Missouri 64106
Telephone: 816-418-7417
Facsimile: 816-418-7936
Purpose
The Kansas City 33 School District has established procedures to assure nondiscrimination in
employment and the elimination of harassment, including sexual harassment. It is the policy of the
Board that all employees and applicants for employment will be treated with respect. Hostile
treatment or violence against an employee 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 employees and applicants for
employment may arise from actual or perceived situations and circumstances related to the
prohibition of discrimination. It is the intent of this procedure 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 administrators and principals are required to make a
conscientious effort to fully consider and understand the nature and basis of the discrimination or
harassment complaint of an employee or applicant for employment 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 an employee or applicant for
employment will not be used as a basis for actions that adversely affect his/her employment status.
Additionally, participation in or assistance in the investigation of a complaint shall not be used as
the basis for adverse actions against an employee or applicant for employment.
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. The complaint must include 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
An employee or applicant for employment 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 the allegations to
his/her principal, administrator or the Employee/Labor Relations Coordinator.
Due to the sensitive nature of harassment complaints, employees or applicants for employment may
file such a complaint directly with the Employee/Labor Relations Coordinator.
If the complaint is submitted to the principal, 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 complainant may go directly to the Employee/Labor
Relations Coordinator. The principal 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 complainant may appeal to the next administrative level, the
Employee/Labor Relations Coordinator. The Employee/Labor Relations 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.
Appeals
If the employee or applicant for employment does not agree with the final determination made by
the Employee/Labor Relations Coordinator, he/she may appeal the determination to the
Superintendent of the District to hear such appeals by submitting a letter of appeal to the
Employee/Labor Relations 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 employee or applicant for employment 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, employees or applicants for employment shall continue their current job
assignment, 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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