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AC-AR 3 - Non-Discrimination Administrative Action

Code: AC-AR-3

Adopted: 11/9/11

Upon the determination that a violation of Policy AC: Non-discrimination, has occurred, the administration will take prompt, appropriate action to address and where appropriate, remediate the violation. Appropriate actions may include but are not limited to: counseling, awareness training, parent-teacher conferences, warning, suspension, exclusion, expulsion, transfer, termination or discharge. Action taken for violation of Policy AC shall be consistent with the requirements of applicable collective bargaining agreements, state and federal law, and Douglas County School District #4 policies for violations of a similar nature or similar degree of severity. In determining what is an appropriate response to a finding that discrimination or harassment in violation of this policy has occurred, the administration shall consider:

  • What response is most likely to end any ongoing discrimination or harassment;
  • Whether a particular response is likely to deter similar future conduct by the harasser or others;
  • The amount and kind of harm suffered by the victim of the discrimination or harassment;
  • The identity of the party who engaged in the discriminatory or harassing conduct;
  • Whether the discrimination or harassment was engaged in by district personnel and, if so, the administration will also consider how it can best remediate the effects of the harassment.

In the event that the evidence suggests that the discrimination or harassment at issue is also a crime in violation of an Oregon criminal statute, the Superintendent shall also direct the district’s Human Rights Officer to report the results of the investigation to the appropriate law enforcement agency charged with responsibility for handling such crimes.

The results of the administration’s investigation of each complaint filed under these procedures will be reported in writing to the complainant and other parties in accordance with state and federal laws regarding data or records privacy, the collective bargaining agreement and consistent with the privacy rights of the alleged harasser.

If the results of the administration’s evaluation of the complaint of discrimination or harassment results in a conclusion that the alleged harasser has engaged in unlawful discrimination or harassment in violation of Policy AC or that district personnel have failed to report discrimination or harassment as required herein, the alleged harasser may appeal this determination by use of established procedures for appealing other adverse personnel and/or education related actions. If the results of the administration’s evaluation of the complaint of discrimination or harassment results in a conclusion that no unlawful discrimination or harassment has occurred, an individual who was allegedly subjected to discrimination or harassment and believes that this conclusion is erroneous may appeal this determination by use of established procedures for appealing other adverse personnel and/or education related actions.

Copies of all complaints of discrimination or harassment and the investigations conducted pursuant to them shall be maintained for a period of at least two (2) years at the district’s central office.