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Nondiscrimination

To ensure fairness and consistency, the following grievance procedure is 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 will be adversely affected in any way because the staff member utilized these procedures. As used in this procedure, “grievance” will mean a complaint which has been filed by a complainant relating to alleged violations of any state or federal anti-discrimination laws. A “complaint” will mean a charge alleging specific acts, conditions or circumstances which are in violation of the anti-discrimination laws. A “respondent” will mean the person alleged to be responsible or who may be responsible for the violation alleged in the complaint.

 

Affirmative Action Plan

In order to secure an equitable solution to a justifiable complaint the District will:

  1. Make efforts to modify the composition of the future work force towards a full utilization of aged persons, persons with disabilities, racial and ethnic minorities, women, and Vietnam veterans in the various job categories.
     
  2. Ensure that all applicants and staff are considered on the basis of bona fide job-related qualifications. The purpose of the affirmative action plan is to actively include persons of under-utilized classes in the employment process, not to exclude others from it. The District will continue to emphasize in all recruitment contacts that nondiscrimination is a basic element in the District’s personnel procedures.
     
  3. Be responsible for reviewing all employment procedures and programs to assure that there is no indication of discriminatory practices. The District will continue to use aged persons, persons with disabilities, racial and ethnic minorities, women and Vietnam veterans in the recruitment and employment process.
     
  4. Contract and purchase all goods and services from persons, agencies, vendors, contractors, and organizations who comply with the appropriate laws and executive orders regarding discrimination.
     
  5. Take appropriate action to attract and retain aged persons, persons with disabilities, racial and ethnic minorities, women and Vietnam Veterans at all levels and in all segments of the district’s work force. Criteria for selecting staff will be reviewed regularly to assure that such statements relate directly to the requirements for specific positions. However, pursuant to state law there will be no preferential employment practices based on race or gender.
     
  6. Provide staff development training to assure that individuals of under-utilized groups are prepared for positions of new and increased responsibility.

 

Dissemination

The District will disseminate information concerning employment and developments under the affirmative action plan on a planned basis to assist in achieving the goals set forth in this plan. Affirmative action information will be disseminated by:

  1. Printing and distributing such information to staff, school libraries, and offices;
     
  2. Publicizing such information in District newsletters;
     
  3. Conducting meetings with administrative staff to explain the intent and advantages of the policy and plan;
     
  4. Conducting faculty meetings and meetings with classified staff;
     
  5. Informing appropriate and interested recruiting and hiring sources; and
     
  6. Informing all representative staff groups in the district.

 

Staff Goals

The District will make a good faith effort to recruit, interview and employ individuals consistent with the District commitment to nondiscrimination and affirmative action for all positions and in every department, school and level of operation. Preferential or adverse employment practices, including demotions or termination will not be used to meet stated goals or timelines.

 

Internal Audit and Monitoring System

The District, in compliance with WAC 162-12, Pre-employment Inquiry Guide, will record applicant flow, new hires, promotions, transfer requests, transfers, administrative internships, and terminations by age, race, sex, and other protected status.

The District will evaluate the effectiveness of the nondiscrimination and affirmative action program and report its status to the board. Such reports may include recommendations for changes in the affirmative action program goals. The overall responsibility for monitoring and auditing this policy is assigned to the district office. The duties include:

  1. Analysis of the categories of employment in relation to affirmative action goals;
     
  2. Analysis of work force data and applicant flow;
     
  3. Maintaining records relative to affirmative action information;
     
  4. Preparation of reports of progress toward the goals and recommended changes required to maintain the vitality of the program;
     
  5. Identifying in a written report to the superintendent any employment practice or policy that is discriminatory or that does not meet the requirements of the affirmative action program; and
     
  6. Keeping the superintendent advised of the progress in implementing the goals and procedures of this affirmative action program.

 

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 will be adversely affected in any way because the staff member utilized these procedures.

 

  1. Grievance means a complaint which has been filed by an employee relating to alleged violations of any state or federal anti-discrimination laws.
     
  2. Complaint means a written charge alleging specific acts, conditions or circumstances, which are in violation of the anti-discrimination laws. The time period for filing a complaint is one year from the date of the occurrence that is the subject matter of the complaint. However, a complaint filing deadline may not be imposed if the complainant was prevented from filing due to: 1) Specific misrepresentations by the district that it had resolved the problem forming the basis of the complaint; or 2) Withholding of information that the district was required to provide under WAC 392-190-065 or WAC 392-190-005. Complaints may be submitted by mail, fax, e-mail or hand-delivery to any district, school or to the district compliance officer responsible for investigating discrimination complaints. Any district employee who receives a complaint that meets these criteria will promptly notify the compliance officer.  
     
  3. Respondent means 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 end, specific steps will be taken. The district is prohibited by law from intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with their right to file a grievance under this procedure and from retaliating against an individual for filing such a grievance.

 

  1. Informal Process for Resolution
    When a staff member has an employment problem concerning equal employment opportunity, he/she will 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 compliance officer to participate in the informal review procedure. It is intended that the informal discussion will 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 compliance 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. During the course of the informal process, the district will notify complainant of their right to file a formal complaint.
     

Informal Complaint Process

Anyone may use these informal procedures to report and resolve complaints of discrimination. Complaints may be made orally, in writing, and may also be made anonymously. Complainant should understand that an anonymous complaint might not be resolved to the complainant's satisfaction due to the limitations placed on the investigation by the anonymity. All attempts shall be made to keep the identity of the complainant confidential, although confidentiality cannot be guaranteed. For staff, informal complaints should first be brought to the attention of the building principal or supervising administrator. If the problem is not addressed at the building level, the individual should bring the complaint to 1) the Director of Human Resources for matters pertaining to employees; or 2) the Director of Student Services for matters pertaining to students; or 3) the Director of Special Services for matters pertaining to a student's disability or participation in a Section 504 plan.

 

Civil Rights Coordinator

Director of Human Resources

16250 NE 74th Street Redmond, WA 98052

425-936-1251

civilrights@lwsd.org

 

Title IX Coordinator

Director of Student Services

16250 NE 74th Street Redmond, WA 98052

425-936-1289

titleix@lwsd.org

 

Section 504/ADA Coordinator

Director of Special Services

16250 NE 74th Street

Redmond, WA 98052

425-936-1407

section504@lwsd.org

   

 

 Formal Complaint Process

 

Level One - Complaint to School District

Anyone may initiate a formal complaint of discrimination even if the informal complaint process was initially utilized. All formal complaints shall be in writing. The complaint must set forth the specific acts, conditions, or circumstances alleged to be in violation. Upon receipt of a complaint, the compliance officer will provide the complainant a copy of this procedure. Formal complaints may be addressed to the Civil Rights Coordinator, Title IX Coordinator, or Section 504/ADA Coordinator.

 

Complainant shall be informed that due process requirements may require that the District release all of the information regarding the complaint to the accused, thus the identity of the complainant may not remain confidential. The District will, however, fully implement the anti-retaliation provisions contained within District policy to protect both complainants and witnesses.

 

Upon receipt of the complaint, the Coordinator to whom the complaint was brought will initiate an investigation into the allegations and effect a prompt resolution of the complaint. The Coordinator to whom the complaint was brought will respond in writing to a formal complaint no later than thirty (30) calendar days following the district's receipt of the complaint, unless otherwise agreed to by the complainant. The written response shall clearly state whether the District:(1) Denies the allegations contained in the complaint; or (2) Confirms the allegations and lists the corrective measures that the District intends to take to eliminate the discrimination. The response shall also include notice of the complainant's right to appeal to the school district as set forth in state law and this policy, including an identification of where and to whom the appeal shall be filed.

 

Corrective measures deemed necessary by the Coordinator, in consultation with other appropriate District staff, will be instituted as quickly as possible, but in no event later than thirty (30) calendar days after the written response, unless the accused is appealing the imposition of discipline and the District is prevented by due process considerations or a lawful order from imposing the discipline until the appeal process is concluded.

 

Level Two - Appeal to School District

If a complainant remains aggrieved as a result of the action or inaction of the Coordinator, the complainant may appeal to the Superintendent's or designee’s office by filing a written notice of appeal with the Superintendent's or designee’s office on or before ten (10) calendar days following the date upon which the complainant received the Coordinator's response. Both parties shall be allowed to present such written facts, witness statements, or other documentation as the Superintendent or designee deems relevant and material. Unless otherwise agreed to by the complainant and the Superintendent or designee or for good cause, the Superintendent or designee shall render a written decision on or before thirty (30) calendar days following the filing of the written notice of appeal. The decision will be provided in a language that the complainant can understand which may require language assistance for complainants with limited English proficiency. The written decision shall include notice of the complainant's right to appeal to the Office of the Superintendent of Public Instruction as set forth below.

 

Level Three - Complaint to the Superintendent of Public Instruction

If a complainant disagrees with the decision of the Superintendent or designee, or if the district fails to comply with this procedure, the complainant may file a complaint with the Office of Superintendent of Public Instruction.
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    1. A complaint must be received by the Office of Superintendent of Public Instruction on or before the twentieth (20) calendar day following the date upon which the complainant received written notice of the board of directors’ decision, unless the Office of Superintendent of Public Instruction grants an extension for good cause Complaints may be submitted by mail, fax, electronic mail, or hand delivery.
       
    2. A complaint must be in writing and include: 1) A description of the specific acts, conditions or circumstances alleged to violate applicable anti-discrimination laws; 2) The name and contact information, including address, of the complainant; 3) The name and address of the district subject to the complaint; 4) A copy of the district’s complaint and appeal decision, if any; and 5) A proposed resolution of the complaint or relief requested. If the allegations regard a specific student, the complaint must also include the name and address of the student, or in the case of a homeless child or youth, contact information.
       
    3. Upon receipt of a complaint, the Office of the Superintendent of Public Instruction may initiate an investigation, which may include conducting an independent on-site review. OSPI may also investigate additional issues related to the complaint that were not included in the initial complaint or appeal to the superintendent or board. Following the investigation, OSPI will make an independent determination as to whether the district has failed to comply with RCW 28A.642.010 or Chapter 392-190, WAC and will issue a written decision to the complainant and the district that addresses each allegation in the complaint and any other noncompliance issues it has identified. The written decision will include corrective actions deemed necessary to correct noncompliance and documentation the district must provide to demonstrate that corrective action has been completed. 
       

All corrective actions must be completed within the timelines established by OSPI in the written decision unless OSPI grants an extension. If timely compliance is not achieved, OSPI may take action including but not limited to referring the district to appropriate state or federal agencies empowered to order compliance. 
 

A complaint may be resolved at any time when, before the completion of the investigation, the district voluntarily agrees to resolve the complaint. OSPI may provide technical assistance and dispute resolution methods to resolve a complaint. 

 

Mediation

At any time during the complaint procedure, the district may offer mediation consistent with the procedures set forth in WAC 392-190-0751. The complainant and the district may agree to extend the complaint process deadlines in order to pursue mediation.

The purpose of mediation is to provide both the complainant and the district an opportunity to resolve disputes and reach a mutually acceptable agreement through the use of an impartial mediator.

 

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, will be retained in the office of the district compliance officer for a period of 6 years.

 

Resources:

District Contact
Civil Rights Coordinator, Director of Human Resources

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