R3125 EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT PROCEDURE

A.	Purpose and Application

	1.	The purpose of this procedure is to give any teaching staff member the 				opportunity to appeal an alleged denial of equal employment opportunity 				in violation of state and federal laws and Policy No. 3125, guaranteeing 				“equal employment opportunities without regard to the applicant’s race, 				color, national origin, religion, age, gender, or handicap.”

	2.	This procedure is intended to facilitate an equitable and just resolution of a 			dispute at the most immediate level and should be implemented in an 				informal manner.

	3.	Every reasonable effort will be made to expedite the process in the 				interest of a prompt resolution.  Time limits may, however, be extended 				with the consent of all parties.

	4.	All participants in the procedure will respect the confidentiality that this 				district accords to information about individual teaching staff members.

B.	Definitions

	1.	“Board of Education” means the Board of Education of the High Point 				Regional High School District.

	2.	“Complaint” means an alleged discriminatory act or practice.

	3.	“Complainant” means a teaching staff member who alleges a 					discriminatory act or practice.

	4.	“Day” means a calendar day.

	5.	“Discriminatory act or practice” means denial of equal employment opportunity in 			violation of state and federal laws and Policy No. 3125, guaranteeing “equal 			employment opportunities without regard to the applicant’s race, color, national 			origin, religion, age, gender, or handicap.”	
	6.	“School district” means the High Point Regional High School District.

	7.	“Teaching staff member” means an employee of the school district who is 				required by his or her position to hold a certificate issued by the New Jersey 			State Board of Examiners.

C.	Procedure

	1.	A teaching staff member who believes that he or she has been harmed or 			adversely affected by a disciplinary practice or act prohibited by law and/or 			Board policy shall discuss the matter with his or her immediate supervisor in an 			attempt to resolve the matter informally.

	2.	If the matter is not resolved to the satisfaction of the complainant within 10 days, 			the complainant may submit a written complaint to the Affirmative Action Officer.  			The complaint will include:

		a.	The name and address of the complainant;

		b.	The specific act or practice that the complainant complains of;

		c.	The school employee, if any, responsible for the allegedly discriminatory 				act;

		d.	The results of discussions conducted in accordance with C.1; and 

		e.	The reasons why those results are not satisfactory.

	3.	The Affirmative Action Officer will investigate the matter informally and will 			respond to the complaint in writing no later than 10 days after receipt of the 			written complaint.  A copy of the complaint and the response will be forwarded to 			the Superintendent.

	4.	The response of the Affirmative Action Officer may be appealed to the 				Superintendent in writing within 10 days after it has been received by the 				complainant.  The appeal will include the original complaint, the response to the 			complaint, and the complainant’s reason for rejecting the response.  A copy of 			the appeal must be given to the staff member alleged to have acted 				discriminatorily.

	5.	On his or her timely request (that is, submitted before the expiration of the time 			within which the Superintendent must render a decision), the complainant will be 			given an informal hearing before the Superintendent, at a time and place 				convenient to the parties, but no later than 10 days after the request for a hearing 		has been submitted.  The Superintendent may also require the presence at the 			hearing of the staff member charged with a discriminatory act and any other 			person with knowledge of the act complained of.

	6.	The Superintendent will render a written decision in the matter no later than 10 			days after the appeal was filed or the hearing was held, whichever occurred later.  		Copies of the decision will be given to all parties.

	7.	The complainant may appeal the Superintendent’s decision to the Board by filing 			a written appeal with the Business Administrator/Board Secretary no later than 			10 days after receipt of the Superintendent’s decision.  The appeal shall include:

		a. 	The original complaint;

		b.	The response to the complaint;

		c.	The Superintendent’s decision;

		d.	A transcript of the hearing, if one has been made, or a summary of the 				hearing to which all parties have consented; and

		e.	The complainant’s reason for believing the Superintendent’s decision 				should be changed.

	8.	A copy of the appeal to the Board must be given to the staff member, if any, 			charged with a discriminatory act.

	9.	The Board will review all papers submitted and may render a decision on the 			basis of the proceedings below.  If the complainant so requests, the Board may 			convene a hearing, at which all parties may be represented by counsel and may 			present and examine witnesses, who will testify under oath.

	10.	The Board will render a written decision no later than 30 days after the appeal 			was filed or the hearing held, whichever occurred later.  Copies of the decision 			will be given to all parties.

	11.	The complainant will be informed of his or her right to appeal the Board’s 				decision to the:

		a.	Commissioner of Education
			Division of Controversies and Disputes
			New Jersey State Department of Education
			225 West State Street
			Trenton, New Jersey  08625
			Telephone:  (609) 292-5705 or the

		b.	New Jersey Division on Civil Rights
			1100 Raymond Boulevard
			Newark, New Jersey  07102
			Telephone:  (201) 648-2700

D.	Record

	1.	The records of any complaint processed in accordance with this procedure shall 			be maintained in a file kept by the Affirmative Action Officer.

	2.	A copy of the decision rendered at the highest level to which the matter was 			appealed will be kept in the teaching staff member’s personnel file.

Adopted:	18 December 1995