Nondiscrimination and Affirmative Action

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1 Nondiscrimination and Affirmative Action Affirmative Action Plan It is the purpose of the Wapato School District's Affirmative Action Program to promote, monitor, and maintain the Wapato School District's Affirmative Action and Equal Employment opportunity policies. These policies provide for equal employment opportunities for all employees and applicants for employment without unlawful discrimination with respect to race, creed, color, national origin, age, honorably-discharged veteran or military status, sex, sexual orientation, marital status or qualified individuals with disabilities, and promote diversity in the district's workforce. It is also the purpose of the Wapato School District's Affirmative Action Plan to identify, at all levels of the workforce, areas of underutilization of racial minorities and women. This Plan is designed to promote outreach, recruitment, training, and education efforts intended to expand the pool of applicants in the relevant labor area having the requisite qualifications to perform the positions included in the job group. This plan advances equal opportunity without preferential treatment on the basis of race, gender, ethnicity, or national origin. This plan is also designed to ensure that the Wapato School District's policies are properly implemented without unlawful discrimination on the basis of race, creed, color, national origin, age, honorably-discharged veteran or military status, sex, sexual orientation, marital status or qualified individuals with disabilities. Dissemination of Policy It is the responsibility of the Superintendent of the Wapato School District, or a designee, to inform all applicants for employment, all current employees, all persons responsible for hiring within the Wapato School District, all employee associations and all Wapato School District contractors and subcontractors of its commitment to Equal Opportunity employment. To ensure that others are aware that the Wapato School District is an Equal Employment Opportunity employer, and to ensure that all personnel are fully apprised of the Wapato School District's policy, the following actions will continue to be undertaken: A. Internal Dissemination 1. Equal Employment Opportunity and Staff Diversity are referenced in the Wapato School District s correspondence, employee bulletins, reports, and manuals. 2. The policy of Equal Employment Opportunities and federal and state posters prohibiting discrimination is to be posted on bulletin boards at all Wapato School District building sites. 3. Supervisory meetings will be conducted on an annual basis that explains the intent of the Wapato School District's Affirmative Action program and diversity policy as well as each individual's responsibility for effective implementation. 4. Employees will be notified of the existence of the Wapato School District's Equal Employment Opportunity Policy and diversity program through general meetings, supervisory and staff meetings and through the superintendent's memo. Employees are advised that all aspects of employment, including job opportunity, training, programs and social events, will be available to all without regard to race, creed, color, national origin, age, honorably-discharged veteran or military status, sex, sexual orientation, marital status or qualified individuals with disabilities. Additionally, employees will be advised to contact Page 1 of 6

2 either their supervisor or the Assistant Superintendent concerning problems that they have of a discriminatory nature. B. Internal and External Dissemination 1. The Equal Employment Opportunity policy statement will be communicated to applicants and will be included in new employee orientation and management training programs. 2. Employee organizations of the Wapato School District shall conform to the Wapato School District's Affirmative Action Program. Negotiated agreements shall not contain statements that are in conflict with this program. 3. The Human Resource Services Department will continue to communicate to prospective employees that the Wapato School District is an Equal Employment Opportunity/Diversity employer and invite protected group members to apply. 4. The Wapato School District will incorporate the Equal Employment Opportunity/Diversity clause in pertinent correspondence. (i.e. District Newsletter, menus, job postings, etc.). 5. The Wapato School District's policy manual, will document the procedures for prompt, fair and impartial consideration of complaints of discrimination. 6. The Wapato School District will assure that appropriate steps are taken to comply with the Title IX regulation, prohibiting sex discrimination in education and employment; and section 504 of the Vocational Rehabilitation Act of 1973, prohibiting discrimination on the basis of physical, sensory or mental handicaps in education and employment. 7. The Wapato School District will assure compliance with state laws established to eliminate sex discrimination in the public schools. 8. Copies of the Affirmative Action Plan will be distributed to all pertinent organizations, agencies and people within and outside the Wapato School District, such as: The Board of Directors All Wapato School District Administrators All Wapato School District building sites All Wapato School District employee associations All Wapato School District employees, upon request The Office of the State Superintendent of Public Instruction PROBLEM AREAS IDENTIFICATION AND GOALS This identification process included a comparison of the percentage of employees in each protected class by job category with the total population data from the 2000 Census for Yakima County. The Office of the Superintendent of Public Instruction (OSPI), Office of Equity Education recommends this process for the development of a district's affirmative action plan. There are four job classifications which reveal underutilization in one or more categories. A. Educational Administrators Female This job category includes Superintendent, Assistant Superintendent, Executive Directors, State and Federal Program Directors and Coordinators, Principals, Assistant Principals, Maintenance/Transportation Director and Food Service Director. Analysis of the category shows 30% female employees in WSD, slightly below the 80% threshold. During the 2008/2009 school year there was one Administrative Intern. This intern was female. The 2009/2010 interns were made up of two females and one male. Page 2 of 6

3 Goal: The Wapato School District will recruit, train, and or promote at least one additional female administrator by Supportive Activities: -Recruit and support current employees through administrative internship program -expand recruitment area -Utilize current female administrative staff in recruitment activities -Provide current employees with training and experience that will assist in qualifying them for career advancement. -Support National Certification, NTBS - Support leadership training activities efforts including instructional coaches, SIOP Coaches, and Summit trainers. B. Special Education Teachers Minority This job category includes all Special Education Teachers, Pre-K through Grade 12. Analysis of this job category identifies an under utilization of minority staff. WSD employs only one minority at 4.8% of our current staff. Goal: The Wapato School District will recruit, train, and or promote two additional special education teachers by Supportive Activities: -Expand recruitment area -Continue partnerships with local University to train Special Education Teachers from within the para-professional ranks. - Provide postings to Yakama Nation Higher Education Department C. Maintenance Staff Female & Minority The current maintenance staff includes district wide general maintenance, electrician, HVAC Technician and grounds maintenance staff. Analysis of this job category shows an under utilization of females and a slight under utilization of minorities. Goal: 1. The Wapato School District will recruit and or train 1 female employee by Supportive Activities- -Include a statement encouraging women to apply for any new maintenance openings. -train all personnel responsible for hiring to ensure fairness and identify biases -Provide training and assessment to ensure staff is culturally aware and recognize the importance of a collaborative work environment; develop an understanding that harassment of any kind will not be tolerated. Goal: 2. The Wapato School District will recruit, train and or promote one additional minority maintenance employee by Supportive Activities- -Expand area for recruitment and job vacancy advertisements. -Attend job fairs organized by local organizations -Train all personnel responsible for hiring to ensure fairness and identify biases -Provide postings to Yakama Nation Higher Education office. Page 3 of 6

4 D. Custodial Staff Female Custodial staff includes building janitorial staff. Analysis of this job category indicates the largest gap of underutilization in the area of female employees. Currently WSD has no female custodial employees compared to 24.8% in the local labor force. Goal: The Wapato School District will recruit, train, and or promote at least 2 female employees as custodians by Supportive Activities- -Include statements in job vacancy advertisements encouraging female applicants -train all personnel responsible for hiring to ensure fairness and identify potential biases. -Provide training and assessment to ensure staff is culturally aware and recognize the importance of a collaborative work environment; develop an understanding that harassment of any kind will not be tolerated. E. Native American Minority hiring analysis. The Wapato School District has 23 Native American employees which totals 5.15% of our labor force. The Yakima County labor force is comprised of 3.2% Native American plus another 0.70% Native American and White (two races) for a total of 3.9%. Since Wapato School District s Native American labor force is greater than the Yakima County Native American labor force no under-utilization exists. The Wapato School District will continue to recruit, hire and or promote Native American employees to provide additional role models for our Native American student population of 25.2%. Internal Audit And Monitoring System To ensure the implementation and success of the Wapato School District's Equal Employment policy, the Human Resource Services Department will maintain a record system that will monitor the plan in the following manner: A. Collect, recall, and display facts on the Wapato School District employees in the areas of race, sex, age, disabling conditions and veteran status for all categories. B. Collect, recall and display facts on hiring, promotion, retention and other personnel actions within the Wapato School District, including work force composition by race, sex, age, disabling conditions and veteran status. C. Collect, recall, and display facts on applicant data by job, race, sex, age, disabling conditions, veteran status and geographic location. The Affirmative Action Coordinator will evaluate the effectiveness of the plan and recommend changes to the Board of Directors through the Superintendent. Changes mandated by the Board of Directors will be carried out under the direction of the Affirmative Action Coordinator. Grievance Procedure To ensure fairness and consistency, the following review procedures are to be used in the district's relationship with its staff with regard to employment problems covered by state and federal equal employment opportunity laws and/or this affirmative action program. No staff member's status with the district shall be adversely affected in any way because the staff member utilized these procedures. As used in this procedure, "Grievance" shall mean a complaint which has been filed by a complainant (a student, an employee, a parent or guardian) relating to alleged viola- Page 4 of 6

5 tions of any anti-discrimination law including Title IX regulations and Washington Administrative Code (WAC) , Section 504 of the Rehabilitation Act of 1973 or Title VII of the Civil Rights Act of A complaint shall mean a charge alleging specific acts, conditions or circumstances, which are in violation of the anti-discrimination laws. A respondent shall mean the person alleged to be responsible or who may be responsible for the violation alleged in the complaint. The primary purpose of this procedure is to secure an equitable solution to a justifiable complaint to this and, the following steps shall be taken: Informal Review Procedures When a staff member has an employment problem concerning equal employment opportunity, he/she shall discuss the problem with the immediate supervisor, personnel director or superintendent within 60 days of the circumstances which gave rise to the problem. The staff member may also ask the affirmative action/title IX officer to participate in the informal review procedure. It is intended that the informal discussion shall resolve the issue. If the staff member feels he/she cannot approach the supervisor because of the supervisor's involvement in the alleged discrimination, the staff member may directly contact the affirmative action/title IX officer before pursuing formal procedures. If the discussion with the officer or immediate supervisor does not resolve the issue the staff member may proceed to the formal review procedures. Level One - Formal Review The complaint must be signed by the complaining party and set forth the specific acts, conditions, or circumstances alleged to be in violation. The affirmative action officer shall investigate the allegations set forth within 30 calendar days of the filing of the charge. The officer shall provide the superintendent with a full written report of the complaint and the results of the investigation. The superintendent shall respond in writing to the complainant as expeditiously as possible, but in no event later than 30 calendar days following receipt of the written complaint. The superintendent shall state that the district either: A. Denies the allegations contained in the written complaint received by the district, or B. Shall implement reasonable measures to eliminate any such act, conditions or circumstance. Such corrective measures deemed necessary shall be instituted as expeditiously as possible, but in no event later than 30 calendar days following the superintendent's mailing of a written response to the complaining party. Level Two - Appeal to Board of Directors If a complainant remains aggrieved as a result of the action or inaction of the superintendent he/she may file a written notice of appeal with the secretary of the board by the 10th calendar day following: A. The date upon which the complainant received the superintendent's response, or B. The expiration of the 30-calendar day response period stated in Level One, whichever occurs first. The board shall schedule a hearing to commence by the 20th calendar day following the filing of the written notice of appeal. Both parties shall be allowed to present such witnesses and testimony as the board deems relevant and material. The board shall render a written decision by the Page 5 of 6

6 10th calendar day following the termination of the hearing and shall provide a copy to all parties involved. Level Three - Appeal to the Superintendent of Public Instruction In the event a complainant charging discrimination remains aggrieved with the decision of the board of directors in connection with any matter which, if established, would constitute a violation, the complainant may appeal the board's decision to the superintendent of public instruction. A. A notice of appeal must be received by the superintendent of public instruction on or before the tenth (10th) day following the date upon which the complainant received written notice of the board of directors' decision. B. A notice of appeal must be in writing in the form required by the superintendent of public instruction and must set forth: 1. A concise statement of the original complaint and the portions of the board of directors' decision which is appealed. 2. The suggested recommendations for resolution or remediation of the alleged complaint set forth in the original statement of complaint. Preservation of Records. The files containing copies of all correspondence relative to each complaint communicated to the district and the disposition, including any corrective measures instituted by the district, shall be retained in the office of the district compliance officer for a period of 5 years. Date: 3/14/01 Revised 5/27/09 Page 6 of 6