Personnel - Certified/Non-Certified

Nondiscrimination

The Newtown Board of Education (the “Board”) will not make employment decisions (including decisions related to hiring, assignment, compensation, promotion, demotion, disciplinary action and termination) on the basis of race, color, religion, age, sex, marital status, sexual orientation, national origin, alienage, ancestry, disability, pregnancy, genetic information, veteran status, or gender identity or expression, except in the case of a bona fide occupational qualification.

It is the policy of the Board that any form of discrimination or harassment on the basis of race, color, religion, age, sex, marital status, sexual orientation, national origin, alienage, ancestry, disability, pregnancy, genetic information, veteran status, or gender identity or expression, or any other basis prohibited by state or federal law is prohibited, whether by students, Board employees or third parties subject to the control of the Board.  The Board’s prohibition of discrimination or harassment in its educational programs or activities expressly extends to academic, nonacademic, and extracurricular activities, including athletics.  It is also the policy of the Board of Education to provide for the prompt and equitable resolution of complaints alleging any discrimination on the basis of protected characteristics such as race, color, religion, age, sex, sexual orientation, marital status, national origin, alienage, ancestry, disability, pregnancy, genetic information, veteran status, or gender identity or expression. 

For the purposes of this policy, “race” is inclusive of ethnic traits historically associated with race, including but not limited to, hair texture and protective hairstyles.  “Protective hairstyles” includes, but is not limited to, wigs, headwraps and hairstyles such as individual braids, cornrows, locs, twists, Bantu knots, afros and afro puffs.

For the purposes of this policy, “genetic information” means the information about genes, gene products, or inherited characteristics that may derive from an individual or a family member.  “Genetic information” may also include an individuals’ family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.

For the purposes of this policy, “veteran” means any person honorably discharged from, or released under honorable conditions from active service in, the United States Army, Navy, Marine Corps, Coast Guard, and Air Force and any reserve component thereof, including the Connecticut National Guard. 

For the purposes of this policy, “gender identity or expression” means a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth, which gender-related identity can be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held, part of a person's core identity or not being asserted for an improper purpose.

Any employee wishing to file a complaint regarding discrimination may obtain a copy of the Board’s complaint procedures and complaint form, which are included in the Board’s Administrative Regulations Regarding Non-Discrimination/Personnel.  These regulations accompany Board Policies P 4118.11/P 4218.11 and are available online at https://newtown-policies.campuscontact.com/ or on request from the main office of any district school. 

If a complaint involves allegations of discrimination or harassment based on reasons such as gender/sex, disability, or pregnancy, such complaints will be handled under other appropriate policies P4118.112/P 4218.112, Sex Discrimination/Harassment in the Workplace and policies P 4118.14/P 4218.14, Nondiscrimination on the Basis of Disabilities.

Any employee also may file a complaint with the Office for Civil Rights, U.S. Department of Education (“OCR”):
Office for Civil Rights, Boston Office
U.S. Department of Education
8th Floor
5 Post Office Square
Boston, MA  02109- 3921
(617-289-0111)
http://www2.ed.gov/about/offices/list/ocr/docs/howto.html

Employees may also file a complaint regarding employment discrimination with the Equal Employment Opportunity Commission:
Equal Employment Opportunity Commission, Boston Area Office
John F. Kennedy Federal Building
475 Government Center
Boston, MA  02203
(800-669-4000)

Employees may also file a complaint with the Connecticut Commission on Human Rights and Opportunities:
Connecticut Commission on Human Rights and Opportunities
450 Columbus Blvd.
Hartford, CT 06103-1835
(800-477-5737)

Anyone who has questions or concerns about this policy, or would like a copy of the Board’s complaint procedures or complaint forms related to claims of discrimination, discrimination on the basis of gender/sex, and discrimination on the basis of disability may contact:
Office of the Assistant Superintendent of Schools
3 Primrose Street
Newtown, CT 06470
(203) 426-7617
(email address may be found in the Administrative Regulations)
Legal References: 
            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.
            Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.
            Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.
            Americans with Disabilities Act, 42 U.S.C. § 12101
            Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794
            Title II of the Genetic Information Nondiscrimination Act of 2008, Pub.L.110-233, 42 U.S.C. § 2000ff; 29 CFR 1635.1 et seq.
            Connecticut General Statutes § 1-1n, “Gender Identity or Expression” defined
            Connecticut General Statutes § 10-153, Discrimination on the basis of sex, gender or expression or marital status prohibited
            Connecticut General Statutes § 46a-51, Definitions
            Connecticut General Statutes § 46a-58, Deprivation of rights
            Connecticut Fair Employment Practices Act, Connecticut General Statutes § 46a-60
            Connecticut General Statutes § 46a-81a, Sexual orientation discrimination: Definitions
            Connecticut General Statutes § 46a-81c, Sexual orientation discrimination: Employment
Approved: September 8, 2021                                               NEWTOWN PUBLIC SCHOOLS

R4118.11 (a)
R4218.11

It is the policy of the Newtown Board of Education (the “Board”) that any form of discrimination or harassment on the basis of protected characteristics such as race, color, religion, age, sex, sexual orientation, marital status, national origin, alienage, ancestry, disability, pregnancy, genetic information, veteran status, or gender identity or expression is forbidden, whether by students, Board employees or third parties subject to the control of the Board.  Students, Board employees and third parties are expected to adhere to a standard of conduct that is respectful of the rights of all members of the school community. 

It is the express policy of the Board to provide for the prompt and equitable resolution of complaints alleging any discrimination on the basis of protected characteristics such as race, color, religion, age, sex, sexual orientation, marital status, national origin, alienage, ancestry, disability, pregnancy, genetic information, veteran status, or gender identity or expression. 

If a complaint involves allegations of discrimination or harassment based on reasons such as gender/sex, disability, or pregnancy, such complaints will be handled, as appropriate, in accordance with other Board policies P 4118.112/P 4218.112, Sex Discrimination/Harassment in the Workplace; policies
P 4118.14/P 4218.14, Nondiscrimination on the Basis of Disabilities.

Preferably, complaints should be filed within thirty (30) calendar days of the alleged occurrence.  Timely reporting of complaints facilitates the investigation and resolution of such complaints.  The district will investigate such complaints promptly and equitably, and will take corrective action when allegations are verified. 
The district will not tolerate any reprisals or retaliation that occur as a result of the good faith reporting of charges of harassment or discrimination on the basis of race, color, religion, age, sex, sexual orientation, marital status, national origin, alienage, ancestry, disability, pregnancy, genetic information, veteran status, or gender identity or expression.  Any such reprisals or retaliation will result in disciplinary action against the retaliator, and other corrective actions as appropriate.
The school district will periodically provide staff development for district administrators and periodically distribute this policy and implementing administrative regulations to staff and students in an effort to maintain an environment free of harassment and discrimination.

Complaint Procedure
As soon as an individual feels that he or she has been subjected to discrimination or harassment on the basis of race, color, religion, age, sex, sexual orientation, marital status, national origin, alienage, ancestry, disability, pregnancy, genetic information, veteran status, or gender identity or expression he/she should make a written complaint to the Assistant Superintendent or his/her designee.  The individual and any respondent (if applicable) will be provided a copy of the Board’s policy and regulation and made aware of his/her rights.

The complaint should state the:

• Name of the complainant,

• Date of the complaint,

• Date(s) of the alleged harassment/discrimination,

• Name(s) of the harasser(s) or discriminator(s),

• Location where such harassment/discrimination occurred

• Names of any witness(es) to the harassment/discrimination,

• Detailed statement of the circumstances constituting the alleged harassment/discrimination; and

• Proposed remedy.

Any individual who makes an oral complaint of harassment or discrimination will be provided a copy of this regulation and will be requested to make a written complaint pursuant to the above procedure.  If an individual is unable to make a written complaint, the staff member receiving the oral complaint will either reduce the complaint to writing or assist the individual with completing the written complaint form. 
All complaints received by staff members are to be forwarded immediately to the Assistant Superintendent.  Upon receipt of a complaint alleging harassment or discrimination under this complaint procedure, the Assistant Superintendent or his/her designee shall promptly investigate the complaint.  During the course of the investigation, the Assistant Superintendent or designee shall interview or consult with all individuals reasonably believed to have relevant information, including the complainant, the alleged harasser/discriminator (“respondent”), and any witnesses to the conduct.  Complaints will be investigated promptly within the timeframes identified below.  Timeframes may be extended as needed given the complexity of the investigation, availability of individuals with relevant information and other extenuating circumstances.  Confidentiality will be maintained by all persons involved in the investigation to the extent possible, as determined by the investigator.

Upon receipt of a written complaint of discrimination, the investigator should:

1. Offer to meet with the complainant and respondent (if applicable) within ten (10) business days (provided that such timeframe may be reasonably extended based on the availability of necessary witnesses and/or participants during periods of time when school is not in session) to discuss the nature of the complaint, identify individuals the complainant believes has relevant information, and obtain any relevant documents the complainant may have;
2. Provide the complainant and respondent (if applicable) with a copy of the Board’s non-discrimination policy and accompanying regulations;

3. Investigate the factual basis of the complaint, including, as applicable, conducting interviews with individuals deemed relevant to the complaint;

4. Conduct an investigation that is adequate, reliable, and impartial.  Investigate the factual basis for the complaint, including conducting interviews with individuals with information and review of documents relevant to the complaint;

5. Maintain confidentiality to the extent practicable throughout the investigative process, in accordance with state and federal law;

6. Communicate the outcome of the investigation in writing to the complainant and respondent (if any) (to the extent permitted by state and federal confidentiality requirements), within thirty (30) business days (provided that such timeframe may be extended by fifteen (15) business days during periods of time when school is in session or reasonably extended based on the availability of necessary witnesses and/or participants during periods of time when school is not in session) from the date the complaint was received by the Assistant Superintendent’s office. The complainant and respondent (if any) shall be notified of such extension.  The written notice shall include a finding whether the complaint was substantiated and if so, shall identify, to the extent possible, how the district will remedy the discrimination or harassment, adhering to the requirements of state and federal law;

7. If a complaint is made during summer recess, the complaint will be reviewed and addressed as quickly as possible given the availability of staff and/or other individuals who may have information relevant to the complaint.  If fixed timeframes cannot be met, the complainant and respondent (if any) will receive notice and interim measures may be implemented as necessary (see sub-paragraph 6);

8. Whenever allegations are verified, ensure that appropriate corrective action is taken (including, but not limited to, disciplinary action) aimed at preventing the recurrence of the harassment or discrimination.  Corrective action should include steps to avoid continuing discrimination;

9. If either party to the complaint is not satisfied with the findings and conclusions of the investigation, the complainant may present the complaint and written outcome to the Superintendent within thirty (30) calendar days of receiving the findings.  Upon review of a written request from the party requesting an appeal, the Superintendent shall review the investigative results of the investigator and determine if further action and/or investigation is warranted.  Such action may include consultation with a designated investigator (if applicable), complainant, and respondent (if any) and meeting with appropriate individuals to attempt to resolve the complaint, or a decision affirming or overruling a designated investigator’s conclusions or findings (if applicable).  The Superintendent shall provide written notice to the complainant and respondent (if any) of the proposed actions within fifteen (15) business days (provided that such timeframe may be reasonably extended based on the availability of necessary witnesses and/or participants during periods of time when school is not in session) following the receipt of the written request for review.

If a complaint involves allegations of discrimination or harassment based on reasons such as gender/sex, disability, or pregnancy, such complaints will be handled under other appropriate policies P4118.112/P 4218.112, Sex Discrimination/Harassment in the Workplace; policies P 4118.14/P 4218.14, Nondiscrimination on the Basis of Disabilities.

Any employee also may file a complaint with the Office for Civil Rights, U.S. Department of Education (“OCR”):
Office for Civil Rights, Boston Office
U.S. Department of Education
8th Floor
5 Post Office Square
Boston, MA  02109- 3921
(617-289-0111)
http://www2.ed.gov/about/offices/list/ocr/docs/howto.html

Employees may also file a complaint regarding employment discrimination with the Equal Employment Opportunity Commission:

Equal Employment Opportunity Commission, Boston Area Office
John F. Kennedy Federal Building
475 Government Center
Boston, MA  02203
(800-669-4000)

Employees may also file a complaint with the Connecticut Commission on Human Rights and Opportunities:
Connecticut Commission on Human Rights and Opportunities
450 Columbus Blvd.
Hartford, CT 06103-1835
(800-477-5737)

Anyone who has questions or concerns about these regulations, or about the Board’s policies regarding discrimination on the basis of gender/sex or discrimination on the basis of disability may contact:
Mrs. Anne Uberti
Assistant Superintendent of Schools
3 Primrose Street
Newtown, CT 06470
(203) 426-7617
ubertia@newtown.k12.ct.us

DISCRIMINATION COMPLAINT FORM
(For complaints based on race, color, religion, age, sex, sexual orientation, marital status, national origin, alienage, ancestry, disability, pregnancy, genetic information, veteran status, or gender identity or expression)
Name of the complainant            _______________________________________________
Date of the complaint    ______________________________________________________
Date of the alleged discrimination/harassment  __________________________________
Name or names of the discriminator(s) or harasser(s)     ____________________________
__________________________________________________________________________

Location where such discrimination/harassment occurred _____              _____________________
__________________________________________________________________________

Name(s) of any witness(es) to the discrimination/harassment                                                   __
                                                                                                                                                                                __

Detailed statement of the circumstances constituting the alleged discrimination or harassment
______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Proposed remedy ______________________________________________________________________
_____________________________________________________________________________________
Signature of Complainant ________________________________________________________________

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