Anti-Discrimination in Employment
Policy 1-101
Scope:
This policy applies to equal employment and advancement opportunities in employment with the District for all individuals.
The District prohibits discrimination, harassment, including sexual harassment, and retaliation based on any actual or perceived protected characteristics, including but not limited to:
1. Race or Ethnicity
2. Religious Creed
3. Color
4. National Origin
5. Ancestry or Nationality
6. Physical or Mental Disability
7. Reproductive Health Decision-making
8. Medical Condition
9. Genetic Information
10. Marital Status
11. Sex or Sexual Orientation
12. Gender
13. Gender Identity
14. Gender Expression
15. Age
16. Veteran or Military Status
17. Immigration Status
18. Association with a person or group with one or more of these actual or perceived characteristics
Equal Opportunity for Employees
Fair Employment Program
o Commitment to a fair recruitment process that is clear and transparent.
o Protection against workplace discrimination, harassment, and retaliation, based on protected characteristics in all aspects of employment.
o Prohibition of discrimination, harassment, and retaliation by supervisors, managers, coworkers, and third parties.
o Prohibition of retaliation against individuals who file complaints or participate in the investigatory process.
Fair Employment Training
o Regular training on fair employment practices that are transparent and promote the hiring of the best individual for the position.
Complaint Process
Any complaints received by the District pursuant to this policy will be investigated fairly, timely, and thoroughly providing appropriate due process and reasonable conclusions based on the evidence.
Any complaints of prohibited discrimination, harassment including sexual harassment not defined by Title IX, and/or retaliation, by employees shall be received and investigated in accordance with the accompanying Administrative Regulation. Any complaints by employees that allege sexual harassment pursuant to Title IX will be addressed accordance with Board Policy and Administrative Regulation 1-103.
County Support Eligibility for Small Districts:
Eligible districts may receive support from their County Office of Education to meet affirmative action and equal opportunity goals, as appropriate to ADA requirements (elementary school districts with fewer than 901 ADA, for high school districts with fewer than 301 ADA, and for unified districts with fewer than 1501 ADA). When developing and implementing affirmative action employment programs, the District is entitled to assistance from the County Office of Education. (Ed. Code, §§ 44100 et seq,; 5 CCR § 30, 31.)
Administrative Regulations
Equal Employment Opportunity Officer
Name: Rosanne A. Lampariello
Title: Superintendent/Principal
Contact Information: rlamp@ovusd.org
Complaint and Grievance Procedure:
Complaints alleging discrimination, harassment, and/or retaliation in employment subject to the accompanying Board Policy will be addressed through the following procedures:
1. Filing a Complaint
Method of Filing: Complaints may be submitted in writing, orally, or through an online form (if available).
Contact Information: A Complainant may bring their complaint to the Equal Employment Opportunity Officer (“EEO”), their direct supervisor, another supervisor, the Superintendent, or a complaint hotline or ombudsperson, if available. A Complainant is not required to bring their complaint directly to their immediate supervisor.
o Any supervisor that receives a complaint or information regarding an employee being discriminated against, harassed, or retaliated against pursuant to these procedures will report such complaint or information to the Equal Employment Opportunity Officer.
Content of Complaint: To the extent reasonable, the Complaint should include the Complainants name, a description of the incident, the date and location of the incident, the name of the person alleged to have committed the incident, the name(s) of any witnesses, any relevant evidence, and any other information.
2. Timeline and Initial Response
Acknowledgment: Complaints will be acknowledged within 5 business days.
Investigation Timeline: The EEO officer or designee will complete investigations within 30 business days of receiving a complaint, with extensions communicated if necessary.
o The EEO officer or designee assigned to complete the investigation will be impartial and qualified to conduct the investigation.
3. Investigation Process
Confidentiality: The District will maintain confidentiality to the greatest extent possible.
Interviews and Evidence Collection: Involves interviewing relevant parties and collecting evidence in an impartial manner.
o The EEO officer or designee shall meet with the Complainant, the person accused, and any other witnesses the EEO officer or designee determines are necessary to meet with to obtain relevant information.
o The EEO officer or designee will keep documentation of and track the investigation for reasonable progress.
o The EEO office or designee will also determine whether interim remedial measures should be implemented before the investigation is completed to prevent additional incidents or harm, but in no case will the interim remedial measures be retaliatory.
Rights of the Complainant and Respondent: Both parties are informed of their rights, including the right to present evidence.
4. Resolution and Remedies
Findings: Upon conclusion, the EEO officer or designee will provide a written summary of findings and any recommended actions.
Remedies: If discrimination, retaliation or harassment is found, the District will implement corrective actions, such as training, policy changes, or other remedies.
Recordkeeping: All complaints and investigation documents will be securely stored and retained per state and federal requirements.
Additional complaint options: The Complainant may also file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
5. Appeals Process
Initial Appeal to the District Board
o Right to Appeal: If a complainant disagrees with the outcome of the investigation, they may file an appeal to the School District Board within 15 days of receiving the decision.
o Board Review: The Board will review the appeal and provide a written decision within 30 days.
Additional Provisions Preventing Discrimination:
Non-Retaliation: Retaliation against individuals who file complaints or participate in investigations is strictly prohibited.
Annual Training: The District will conduct training for all staff to promote awareness of equal opportunity policies and the complaint procedure.
o CRD sexual harassment online training courses link:
https://calcivilrights.ca.gov/shpt/
The District will disseminate this policy and administrative regulation through the following methods:
o Displaying it in a prominent location in the main administrative building;
o Providing it to each staff member at the beginning of the first quarter or semester of the school year, or at the time a new employee is hired;
o Providing a copy in the employee handbook which will be accompanied by an acknowledgement form that must be signed and returned by the employee;
o Publicly posting on the District’s website;
o Discussing these policies upon hire and in new hire orientation; and
o In any District publication that sets forth the comprehensive rules, regulations, procedures, and standards of conduct.
The District will post all required posters developed by CRD, in a prominent accessible location at each work site.
At any work site that contains 10 percent or more persons who speak a language other than English as their spoken language, this policy will be translated accordingly.