AC

File: AC (pdf)
Adopted: date of manual adoption
Revised: September 10, 2019, June 11, 2024

---

NONDISCRIMINATION AND EQUAL OPPORTUNITY

The Board of Education is committed to providing a safe learning and work environment where all members of the school community are treated with dignity and respect. The School District and all schools prohibit discrimination and harassment on the basis of disability, race, creed, color, sex, sexual orientation, gender identity or expression, national origin, immigration/citizenship status, religion, ancestry, family compositions, or physical characteristics. No otherwise qualified student, employee, applicant for employment, or member of the public shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any School District program or activity on the basis of a protected class. Discrimination and harassment against employees and applicants for employment based on age, genetic information, and conditions relating to pregnancy or childbirth are also prohibited in accordance with state and federal law.

In keeping with these statements, the following shall be objectives of this School District:

1. To promote the rights and responsibilities of all individuals as set forth in the state and federal constitutions, pertinent legislation and applicable judicial interpretations.
    
2. To encourage positive experiences in terms of human values for children and adults with diverse personal and family characteristics, socio-economic, racial, and ethnic identities.
    
3. To consider carefully, in all decisions made that affect the schools, the potential benefits or adverse consequences that those decisions might have on the human relations aspects of all segments of society.
    
4. To utilize educational experiences to build each individual's pride in the community in which they live.
    
5. To encourage reporting and investigate and resolve promptly any complaints of discrimination and harassment.
    
6. To prevent and remedy discrimination and harassment in schools to ensure a nondiscriminatory, safe environment to enable students to learn, employees to work, and members of the public to access and receive the benefit of the School District’s programs and facilities.
    
7. To  investigate   and   appropriately   discipline   staff   and   students   found   to  be responsible for incidents of harassment or discrimination in violation of Board policy.

Definitions

The definitions below apply to all Board of Education policies unless otherwise specified.

1. “Bullying” includes any conduct or communication that is written, verbal, physical, or visual that is intended to coerce, intimidate, or cause any physical, mental, or emotional harm to any student. Bullying is student-on-student behavior and is addressed further in Board Policy JDHB.
    
2. “Complainant” means a student or their parent/guardian on the student’s behalf, employee, or community member alleged to have experienced discrimination or harassment when participating or attempting to participate in a School District education program or activity. A complainant may or may not be the reporting party.
    
3. “Compliance Officer” means the School District employee who is responsible for coordinating and overseeing the School District’s discrimination and harassment prevention and response efforts. (See exhibit AC-E-1).
    
4. “Designee” means school leaders and department leaders, unless otherwise identified by the Compliance Officer. If the Designee for the department or school is the Respondent named in the Complaint, then the Compliance Officer will satisfy the Designee’s responsibilities under this Policy or will name an appropriate designee to do so.
    
5. “Discrimination” occurs when a person is denied or limited in the ability to participate in or benefit from the School District’s services, activities, or opportunities on the basis of any class protected by federal and/or Colorado law. Discrimination does not require discriminatory intent and can result from implicit bias.
    
6. “Harassment” is any unwelcome verbal, written, graphic, visual, physical, or other conduct directed at an individual or group of individuals on the basis of any real or perceived class membership protected by federal and/or Colorado law that is subjectively offensive to the individual alleging harassment and is objectively offensive to a reasonable individual who is a member of the same protected class. The conduct or communication need not be severe or pervasive to constitute discrimination or harassment and is a violation of Board Policy if:
   • Submission to the conduct or communication is explicitly or implicitly made a term or condition of the individual’s participation in a School District program or activity;
   • Submission to, objection to, or rejection of the conduct or communication is used as a basis for decisions affecting the individual; or 
   • the conduct or communication has the purpose or effect of unreasonably interfering with the individual’s educational or work performance or creating an intimidating, hostile, or offensive educational or working environment
      
7. “Protected classes” include race, creed, color, gender, sex, sexual orientation, gender identity or expression, transgender status, religion, national origin, immigration/citizenship status, physical characteristics, ancestry, age, pregnancy, marital status, veteran status, disability, family composition and genetic information of an employee or applicant for employment.
   1. “Race” includes hair texture, hair type, hair length, or a protective hairstyle, such as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, afros, and headwraps, that is commonly or historically associated with race. 
   2. “Sexual Orientation” means an individual’s identity (or another person’s perception of their identity), in relation to the gender(s) to which the individual is sexually or emotionally attracted and the behavior or social affiliation that may result from the attraction.
   3. “Gender Expression” means an individual’s way of reflecting and expressing gender to the outside world, typically demonstrated through appearance, dress, and behavior. 
   4. “Gender identity” means an individual’s innate sense of the individual’s own gender, which may or may not correspond with the individual’s sex assigned at birth. it is discriminatory to knowingly or intentionally use a name other than a student's chosen name.” 
       
8. “Reporting Party” means a person who raises a concern or allegation of discrimination or harassment on behalf of a complainant with the compliance officer. Any district student, employee, or community member may be a reporting party.
    
9. “Respondent” means a student or employee who has been reported to have engaged in conduct that could constitute harassment. 
    
10. “Retaliation” is intimidating, threatening, coercing, or discriminating against an individual by the School District, a student, or an employee or other person authorized by the School District because the individual raised a good-faith concern about or participated in good faith in an investigation of discrimination or harassment. Retaliation includes charges against a student for code of conduct violations related to the incident for the purpose of punishing a student for making a report or otherwise interfering with a student’s rights under this policy. The School District will investigate and respond to an allegation of retaliation in the same manner as an allegation of discrimination or harassment. 
     
11. “Sex-based Harassment” is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including:
    1. Quid pro quo harassment. An employee, agent, or other person authorized by the School District to provide an aid, benefit, or service under the School District’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.  
    2. Hostile environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the an educational program or activity (i.e. creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
       1. the degree to which the conduct affected the target’s ability to access an educational program or activity; 
       2. the type, frequency, and duration of the conduct;
       3. the parties’ ages, roles within the educational program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;  
       4. the location of the conduct and the context in which the conduct occurred; and
       5. other sex-based harassment in the educational program or activity.  
           
    3. Offenses include sexual assault, dating violence, domestic violence, and or stalking. 
        
12. “Supportive Measures” are individualized services and supports offered to restore or preserve equal access to education, provide support during the investigation process, protect student and employee safety, or deter harassment and discrimination. Supportive measures may be provided regardless of whether a complaint has been filed. 
     
13. “Title IX Coordinator” means the employee designated by the School District to coordinate its efforts to comply with Title IX of the Education Amendments. The Title IX Coordinator retains ultimate oversight over the School District’s responsibilities and ensures the School District’s consistent compliance with its responsibilities under Title IX, including direct action and investigation in lieu of a designee when appropriate.

Reporting Discrimination and Harassment

All School District employees and students share the responsibility to ensure that discrimination and harassment does not occur at any BVSD district school, on any district property, at any School District or school-sanctioned activity or event, or off school property when such conduct has a nexus (link or connection) to the school.

Any student who believes they have been a target of discrimination or harassment as defined in Board policy, or who has witnessed discrimination or harassment, is encouraged to immediately report it to an administrator, counselor, teacher or the School District's Compliance Officer and file a complaint as set forth in the regulation that accompanies this policy.

Any employee, applicant for employment or member of the public who believes they have been a victim of discrimination or harassment, or who has witnessed such discrimination or harassment, are encouraged to file a complaint with either an immediate supervisor or the School District's Compliance Officer.

District Action

All School District employees who witness discrimination or harassment shall take prompt and effective action to stop the discrimination or harassment.

The School District shall take appropriate action to: 

1. promptly and impartially investigate allegations of discrimination and harassment
2. end discriminatory and harassing behavior
3. prevent the recurrence of such behavior
4. prevent retaliation against the individual(s) who files the complaint and/or any person who participates in the investigation
5. implement supportive measures during the investigation to protect against discrimination, harassment, or retaliation.

To the extent possible, all reports of discrimination or harassment will be kept confidential. No student, employee or member of the public shall be subject to adverse treatment or retaliation for any good faith report of discrimination or harassment. All members of the school community are expected to cooperate in good faith with School District investigations.

Any student or employee who engages in discrimination or harassment shall be disciplined according to applicable Board policies and the School District shall take reasonable action to restore lost educational or employment opportunities to the target(s) of discrimination or harassment.

Appointment of Compliance Officer and Duties

The Compliance Officer shall be responsible for coordinating all complaint procedures and processes for any alleged violation of Board policy prohibiting discrimination or harassment. The Compliance Officer's duties shall include: 

1. Providing notice to students, parents/guardians, employees and the general public concerning the compliance process. 
2. Providing training for School District staff regarding the prohibition of discrimination and harassment in all School District programs, activities and employment practices. 
3. Disseminating information concerning the forms and procedures for the filing of complaints/grievances.
4. Ensuring the prompt investigation of all complaints/grievances. 
5. Coordinating hearing procedures 
6. Identifying and addressing patterns or systemic problems that arise during the review of complaints/grievances.
7. While school and department leaders are expected to be competent in the investigation of discrimination and harassment, the Compliance Officer shall undertake direct action and investigation when necessary to assure the requirements of the law and this Policy are fulfilled.

The Compliance Officer may delegate responsibilities as necessary and/or appropriate under the circumstances.

Annual Notice and Training

To reduce discrimination and harassment and ensure an equitable environment, the Compliance Officer is responsible for providing annual notice of this policy to all School District schools and departments. The annual notice shall also include the title, address, email address, and telephone number of the School District’s Compliance Officer who is the person(s) designated to coordinate Title IX, Section 504 and ADA, and other nondiscrimination compliance activities. The annual notice shall be disseminated in multiple languages, made accessible through technology, and referenced in student and employee handbooks.

Students and School District employees shall receive periodic training related to recognizing and preventing discrimination and harassment. School District employees shall receive additional training related to handling reports of discrimination and harassment.

LEGAL REFS.:  
20 U.S.C. § 1681 (Title VII, Education Amendments of 1972)
20 U.S.C. § 1701-1758 (Equal Employment Opportunity Act of 1972)
29 U.S.C. § 621 (Age Discrimination in Employment Act of 1967) 
29 U.S.C. § 701 (Section 504 of the Rehabilitation Act of 1973) 
20 U.S.C. § 1681 (Title IX of the Educational Amendments of 1972)
42 U.S.C. § 12101 (Title II of the Americans with Disabilities Act)
42 U.S.C. § 2000d (Title VI of the Civil Rights Act of 1964, as amended in 1972)
42 U.S.C. § 2000e (Title VII of the Civil Rights Act of 1964)
42 U.S.C. §2000ff et seq. (Genetic Information Nondiscrimination Act of 2008)
34 C.F.R. Part 100 through Part 110 (civil rights regulations)
34 C.F.R. § 106.8 (designation of responsible employee and grievance procedures)
C.R.S. § 2-4-401 (13.5) (definition of sexual orientation, that includes transgender)
C.R.S. § 18-9-121 (Bias-Motivated Crimes)
C.R.S. § 22-1-143 (protections for students against discriminatory practices at school)
C.R.S. § 22-32-109(1)(II) (Board duty to adopt written policies prohibiting discrimination)
C.R.S. § 24-34-301 et seq. (Colorado Civil Rights Division)
C.R.S. § 24-34-301(7) (definition of sexual orientation)
C.R.S. § 24-34-401 (discriminatory or unfair employment practices)
C.R.S. § 24-34-402.3 (protections for pregnancy, childbirth or related conditions)
C.R.S. § 24-34-601 (discrimination in places of public accommodation)
C.R.S. § 24-34-602 (penalty and civil liability for discrimination)
 

End of File: AC