The Jamestown Accessible Academy Commune is committed to advancement a acquirements and alive ambiance chargeless from bigotry and aggravation in all appliance and educational programs, activities, and facilities. The Commune prohibits bigotry and aggravation based on a student’s, parent’s, guardian’s, or employee’s race, color, religion, sex, gender identity, civic origin, ancestry, disability, age, or added cachet adequate by law. The Commune additionally provides according acceptance to the Boy Scouts and added appointed adolescence groups, as adapted by federal law.
It is a corruption of this action for any commune student, parent, guardian, employee, or third affair to discriminate adjoin or annoy accession commune apprentice or employee, based on any cachet adequate by law, if the conduct occurred aural the ambience of an apprenticeship affairs or activity, or if the conduct had a continuing aftereffect in the educational ambience of a affairs or action occurring on or off academy commune property. The Commune will not abide bigotry or aggravation of a commune apprentice or agent by a third party. The Commune additionally prohibits aiding, abetting, inciting, compelling, or coercing bigotry or harassment; acute adjoin or afflictive any alone affiliated with accession who is adequate by this action and/or law; advisedly authoritative a apocryphal bigotry and/or aggravation report; and backfire adjoin individuals who address and/or participate in a bigotry and/or aggravation investigation, including instances back a complaint is not substantiated.
The Commune shall promptly investigate any discrimination, harassment, or backfire complaint and act on allegation as appropriate, or as adapted by law. Outcomes may accommodate antidotal measures such as abortion of appliance or apprentice banishment in accordance with lath policy, law, and, back applicable, the adjourned agreement. Acceptance and advisers are accepted to absolutely abet in the assay process. The Commune will booty achieve to anticipate ceremony of discrimination, harassment, or backfire and antidote abominable furnishings on the complainant and others, if appropriate.
Complainant is the alone filing the complaint. If the complainant is not the victim of the declared bigotry and/or harassment, the victim charge be afforded the aforementioned rights as the complainant beneath this action and regulations AAC-BR1 or AAC-BR2.
Disability is authentic in accordance with NDCC 14-02.4-02 (5).
Discrimination agency abortion to amusement an alone appropriately due to a adequate status.
Protected cachet is authentic in applicative accompaniment (NDCC 14-02.4-02 (6)) and federal laws.
Employee is authentic in accordance with NDCC 14-02.4-02 (7).
Harassment is a specific blazon of bigotry based on a adequate status. It occurs beneath the afterward conditions:
For employees: Back connected the abhorrent conduct becomes a action of connected employment, or the conduct is severe, persistent, and/or common abundant to actualize a assignment ambiance that a reasonable alone would accede intimidating, hostile, or abusive.
For students: Back the conduct is abundantly severe, persistent, and/or common so as to absolute the student’s adeptness to participate in or account from the apprenticeship affairs or to actualize a adverse or calumniating apprenticeship environment.
North Dakota Human Rights Act (NDCC ch. 14-02.4) provides aegis from bigotry in the abode on the base of race, color, religion, sex, civic origin, age, the attendance of any brainy or concrete disability, cachet with attention to alliance or accessible assistance, or accord in allowable action off the employer’s bounds during nonworking hours which is not in absolute battle with the capital business-related interests of the employer.
Section 504 (Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794) is a federal law brash to assure the rights of individuals with disabilities in programs and activities that accept federal banking abetment from the U.S. Department of Education.
Sexual aggravation is a anatomy of aggravation based on sex. It is authentic beneath Title IX as blackballed animal advances, requests for animal favors, and/or added verbal, written, or concrete conduct or advice of a animal nature, that:
Constitutes quid pro quo harassment, acceptation acquiescence to such conduct or advice is fabricated a appellation or condition, either absolutely or implicitly, of the base for appliance decisions or educational decisions or allowances for acceptance (e.g., accepting a grade);
Is so severe, pervasive, and considerately abhorrent that it finer denies a being according acceptance to the District’s apprenticeship affairs or activity; or
Constitutes animal assault, dating violence, calm violence, or stalking as those offenses are authentic in the Clery Act, 20 U.S.C. § 1092(f) and the Abandon Adjoin Women Act, 34 U.S.C. § 12291(a).
Sexual or “dirty” jokes;
Sexual advances;
Pressure for animal favors;
Unwelcome touching, such as patting, pinching, or connected abrasion adjoin another’s body;
Displaying or distributing of sexually absolute drawings, pictures, and accounting materials;
Graffiti of a animal nature;
Sexual gestures;
Touching oneself sexually or talking about one’s animal action in advanced of others;
Spreading rumors about or appraisement other’s animal action or performance;
Remarks about an individual’s animal orientation; and
Sexual violence, including rape, animal battery, animal abuse, and animal coercion.
Title II of the Americans with Disabilities Act extends the prohibition on bigotry accustomed by Section 504 to all services, programs, and activities of Accompaniment and bounded government entities.
Title VI is a federal law that provides aegis from bigotry based on race, color, or civic agent in appliance and appliance practices in programs or activities accepting federal banking assistance.
Title VII is a federal law that provides aegis from bigotry on the base of race, color, religion, sex or civic origin. Title VII applies to all accessible academy districts with 15 or added employees.
Title IX is a federal law that provides aegis from discrimination, based on sex, in apprenticeship programs or activities that accept federal banking assistance.
Other or altered definitions may be set alternating in lath regulations AAC-BR1 or AAC-BR2.
The Lath shall actualize an breezy and academic bigotry and aggravation complaint filing action in lath regulations coded AAC-BR1. For Title IX animal aggravation complaints, affliction procedures shall be followed in accordance with federal regulations and lath adjustment AAC-BR2.
The action provides for an candid assay chargeless of conflicts of absorption and bias. Nothing in this action or in the bigotry and aggravation affliction action prevents an alone from advancing redress accessible through accompaniment and/or federal law.
An alone adulatory to book an bearding bigotry and/or aggravation complaint charge be brash that acquaintance may absolute the district’s adeptness to absolutely acknowledge to the complaint and that backfire is prohibited. The adapted affliction coordinator (Title IX, 504/Title II, or Nondiscrimination) shall achieve a acquaintance assay to actuate back a appeal for acquaintance cannot be accustomed due to assurance affidavit or the district’s obligation to advance a abstract educational environment. The complainant charge be notified in autograph of the acquaintance assay outcome. A bigotry or aggravation assay address is accountable to the accessible annal law afterwards 60 canicule or back the assay is complete (whichever comes first), with bound exceptions such as back the almanac is adequate by FERPA.
If any commune agent receives a bigotry or aggravation complaint, the agent shall promptly advanced it to the adapted affliction coordinator. All commune advisers charge accept training on their advertisement duties.
The Lath authorizes the Superintendent to advance bigotry and aggravation acquaintance training for acceptance and employees. In addition, the Superintendent shall affectation this action and commutual affliction procedures in a arresting abode in anniversary commune architecture and broadcast it in apprentice and agent handbooks.
Districts charge baptize at atomic one agent to be their Title IX Coordinator and accredit such individual(s) to alike the district’s efforts to accede with its responsibilities beneath the applicative regulations.
The Title IX Coordinator’s responsibilities accommodate administering the district’s acknowledgment to Title IX letters and complaints and anecdotic and acclamation any patterns or systemic problems appear by such letters and complaints. The Title IX Coordinator charge accept ability of the requirements of Title IX, of the district’s behavior and procedures on sex discrimination, and of all complaints adopting Title IX issues throughout the District. To achieve this, the Title IX Coordinator charge be abreast of any address or complaint adopting Title IX issues, alike if the address or complaint was initially filed with accession alone or appointment or if the assay will be conducted by accession alone or office.
The Lath designates Sally Ost as the Title IX Coordinator. They may be contacted at 207 2nd Ave SE, Jamestown, N.D. 58401, 701-252-1950 or [email protected]. Districts charge acquaint applicants for acceptance and employment, students, parents or acknowledged guardians, advisers and unions of the name and defined acquaintance advice for the appointed Title IX Coordinator(s). The notification charge additionally accompaniment that inquiries about the appliance of Title IX and its regulations may be directed to the district’s Title IX Coordinator or the Assistant Secretary of Education, or both. Districts charge acutely affectation the Title IX Coordinator(s) acquaintance advice on their website, if any, and in anniversary handbook it makes accessible to applicants, students, parents or acknowledged guardians, advisers and unions. Any being may address sex discrimination, including animal harassment, at any time (including during non-business hours).
The 504/Title II Coordinator’s responsibilities accommodate administering the district’s acknowledgment to affliction bigotry letters and complaints. The 504/Title II Coordinator charge accept ability of the requirements of Section 504 and Title II, of the district’s behavior and procedures on affliction discrimination, and of all complaints adopting Section 504/Title II issues throughout the District. To achieve this, the 504/Title II Coordinator charge be abreast of any address or complaint adopting Section 504/Title II issues, alike if the address or complaint was initially filed with accession alone or appointment or if the assay will be conducted by accession alone or office. The Lath designates Heidi Budeau, Special Apprenticeship Director, as the 504/Title II Coordinator. They may be contacted at 207 2nd Ave SE, Jamestown, N.D. 58401, 701-252-3376 or [email protected]
The Nondiscrimination Coordinator’s amount responsibilities accommodate administering the district’s acknowledgment to bigotry and aggravation letters and complaints that do not accommodate sex or affliction beneath applicative federal laws, but instead the added adequate statuses or sex or affliction based bigotry beneath accompaniment law. The Lath designates Superintendent Robert Lech as the Nondiscrimination Coordinator. They may be contacted at 207 2nd Ave SE, Jamestown, N.D. 58401, 701-252-1950 or [email protected]
Training
The Title IX, 504/Title II, and Nondiscrimination Coordinators, and any added academy official amenable for the assay of bigotry complaints, shall accept training. This training charge include:
The analogue of discrimination, harassment, and retaliation;
The administration of complaints beneath the Bigotry and Aggravation Affliction Action (AAC-BR1); and
The account of acquaintance requirements.
In addition, the Title IX Coordinator(s), investigators, decision-makers, and those facilitating an breezy resolution process, if applicable, apropos letters of Animal Aggravation beneath Title IX shall accept training in a cardinal of areas defined in lath adjustment AAC-BR2.
Complementing NDSBA Templates (may accommodate items not adopted by the Board)
AAC-BR1, Bigotry and Aggravation Affliction Procedure
AAC-BR2, Title IX Animal Aggravation Affliction Procedure
AAC-E1, Filing a Accompaniment or Federal Bigotry and/or Aggravation Complaint
AAC-E2, Bigotry and/or Aggravation Complaint Acquaintance Assessment
AAC-E3, Bigotry and/or Aggravation Training Requirements for Acceptance and Employees
AAC-E4, Reasonable Accommodation Appeal Physician Form
AAC-E5, Notice of Title IX Animal Aggravation Complaint
ABBB, Non-Curricular Use of Commune Property
DE, Staff Code of Conduct
FGDB, Apprentice Handbooks
End of Jamestown Accessible Academy Commune Action AAC Adopted:9-8-2020
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