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Iowa City Community School District Policy

  • Policies

    Code No. 102

    EQUAL EDUCATIONAL OPPORTUNITY

    The board will not discriminate in its educational activities on the basis of race, creed, color, religion, national origin, gender, age, marital status, sexual orientation, gender identity, veteran status, disability, or socioeconomic status.

    The board requires all persons, agencies, vendors, contractors and other persons and organizations doing business with or performing services for the school district to subscribe to all applicable federal and state laws, executive orders, rules and regulations pertaining to contract compliance and equal opportunity.

    The board is committed to the policy that no otherwise qualified person will be excluded from educational activities on the basis of race, creed, color, religion, national origin, gender, age, marital status, sexual orientation, gender identity, veteran status, disability, or socioeconomic status. Further, the board affirms the right of all students and staff to be treated with respect and to be protected from intimidation, discrimination, physical harm and harassment.

    • Date of Adoption: 12/10/02
    • Revised: 8/23/11 1/12/16
    • Legal Reference: 20 U.S.C. §§ 1221 et seq. (2015). 20 U.S.C. §§ 1681 et seq. (2015). 20 U.S.C. §§ 1701 et seq. (2015). 29 U.S.C. § 794 (2015). 42 U.S.C. §§ 12101 et seq. (2015). 34 C.F.R. Pt. 100 (2015). 34 C.F.R. Pt. 104 (2015). Iowa Code §§ 216.9; 256.11, 280.3 (2015). 281 I.A.C. 12.

     


    ANTI-BULLYING/HARASSMENT AND DISCRIMINATION

    The Board is committed to providing a safe and civil school environment in which all members of the school community are treated with dignity and respect. As a result, harassment and bullying of students, school employees, applicants, vendors, visitors, and/or volunteers are not tolerated by the Board to that end, the Board has in place policies, procedures, and practices that are designed to reduce and eliminate bullying and harassment as well as processes and procedures to deal with incidents of bullying and harassment.

    “Volunteer” is defined as an individual who has regular, significant contact with students and does not refer to non-district persons who serve in “one-time-only” functions.

    The Board prohibits harassment, bullying, hazing, or any other victimization, of students, school employees, applicants, vendors, visitors, and/or volunteers, based on any of the following actual or perceived traits or characteristics, including but not limited to, age, gender, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, veteran status, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status. Adherence to bona fide occupational/educational qualifications shall not be interpreted as discriminatory.

    This policy is in effect while students, employees, applicants, vendors, visitors, and/or volunteers are on property within the jurisdiction of the Board; while on school-owned or school-operated vehicles; while attending or engaging in school-sponsored activities; and while away from school grounds if the misconduct directly affects the good order, efficient management and welfare of the school or school district.

    If, after an investigation, a person is found to be in violation of this policy, he/she shall be disciplined by appropriate measures up to, and including:

    • for a student, suspension and expulsion;
    • for an employee, termination; and,
    • for an applicant or school vendor, visitor, or volunteer, exclusion from school grounds.

    Harassment and bullying shall be defined as any electronic, written, verbal, or physical act or conduct that is based on any actual or perceived trait or characteristic of a person and that creates an objectively hostile school environment that meets one or more of the following conditions:

    • Places the person in reasonable fear or harm to the person or substantial harm to the person’s property;
    • Has a substantial and detrimental effect on the person’s physical or mental health;
    • Has the effect of substantially interfering with the person’s performance; or
    • Has the effect of substantially interfering with the person’s ability to participate in or benefit from the services, activities, or privileges provided by the district.

    “Electronic” means any communication involving the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, electronic text messaging or similar technologies.

    Harassment and bullying may include, but are not limited to, the following behaviors and circumstances:

    • Verbal, nonverbal, physical or written harassment, bullying, hazing, or other victimization that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim;
    • Repeated remarks of a demeaning nature that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim;
    • Implied or explicit threats concerning one’s grades, achievements, property, etc. that have the purpose or effect of causing injury, discomfort, fear or suffering to the victim;
    • Demeaning jokes, stories, or activities directed at the student that have the purpose or effect of causing injury, discomfort, fear or suffering to the victim; and/or
    • Unreasonable interference with a person’s performance or creation of an intimidating, offensive, or hostile environment.

    For the purposes of this policy, sexual harassment is defined as unwelcome advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:

    1. submission to such conduct is explicitly or implicitly made a term or condition of status in a class, program, or activity;
    2. submission to or rejection of such conduct is used as a basis for an educational decision affecting student; or
    3. such conduct has the purpose or effect of interfering with an performance, or of creating an intimidating, hostile, or offensive environment for learning.

    Sexual overtures by a staff member to a student shall be investigated per the child abuse law in chapter 102 of the Iowa Department of Education administrative code. Any sexual overtures by a staff member to a student, whether welcome or unwelcome, are prohibited and shall be grounds for discipline, including discharge of the staff member.

    The school or school district will promptly and reasonably investigate allegations of bullying or harassment.

    Retaliation against any person, because the person has filed a bullying or harassment complaint or assisted or participated in a harassment investigation or proceeding, is prohibited. Individuals who knowingly file false harassment complaints and any person who gives false statements in an investigation shall be subject to discipline by appropriate measures, as shall any person who is found to have retaliated against another in violation of this policy.

    The Board will annually publish this policy. The policy may be publicized by the following means:

    • Inclusion in the student handbook
    • Inclusion in the employee handbook
    • Inclusion in the registration materials
    • Inclusion on the school or school district’s web site,
    • (other)

    Copies will be available to any person at the Educational Services Center at 1725 N. Dodge Street, Iowa City, IA 52245.

    • Date of Adoption: 10/23/07 
    • Revised: 1/08 8/23/11
    • Reference: Code of Iowa 708.7, 20 U.S.C. §§ 1221-1234 (2004) 29 U.S.C. §§ 794 (1994) 42 U.S.C. §§ 2000d-2000d-7 (2004) § 42 U.S.C. §§ 12001 et.seq. (2004) Senate File 61, 1st Regular Session, 82nd General Assembly, (2007) Code of Iowa §§ 216.9; 280.3 (2007) 281 I.A.C. 12.3(6) IASB Policy No. 104 (2011)

    Admin Guidelines 

    Code No.104

    ADMINISTRATIVE GUIDELINE EQUAL EDUCATIONAL OPPORTUNITY POLICY AND MULTICULTURAL AND GENDER APPROACHES TO THE EDUCATIONAL PROGRAM

    The District and the Board will not discriminate in its educational programs and/or activities on the basis of race, color, national origin, gender, sexual orientation, gender identity, socioeconomic status, disability, religion, creed, age (except for permitting/prohibiting students to engage in certain activities), marital status, or genetic information. Further, the District and the Board affirm the right of all students and staff to be treated with respect and to be protected from intimidation, discrimination, physical harm and harassment.

    The District and the Board shall encourage and engage in multicultural approaches to the educational program, which shall include approaches which foster knowledge of, and respect and appreciation for, the historical and contemporary contributions of diverse cultural groups, including race, color, national origin, gender, disability, religion, creed, and socioeconomic background; and which shall include the contributions and perspectives of Asian Americans, African Americans, Hispanic Americans, American Indians, European Americans, and persons with disabilities.

    The District and the Board shall encourage and engage in gender fair approaches to the educational program, which shall include approaches which foster knowledge of, and respect and appreciation for, the historical and contemporary contributions of women and men to society; shall reflect the wide variety of roles open to both women and men; and shall provide equal opportunity to both sexes.

    The District and the Board will require all persons, agencies, vendors, contractors and other persons and organizations doing business with or performing services for the District to subscribe to all applicable federal and state laws, executive orders, rules and regulations pertaining to contract compliance and equal opportunity.

    Inquiries or grievances related to this policy may be directed to the Director of Equity, 1725 N. Dodge St. Iowa City, IA 52245; to the Director of the Iowa Civil Rights Commission, 400 East 14th Street, Des Moines, IA 50319-1004, 1-800-457-4416; to the Office for Civil Rights Chicago Office, United States Department of Education, 233 N. Michigan Ave., Suite 240, Chicago, IL 60601, (312) 886-2359 (voice), (312) 886-1807 (fax), or to the Equal Employment Opportunity Commission Chicago Office, 500 W. Madison Street, Suite 2000, Chicago, IL 60661, 1-800-669- 4000. Inquiries may also be directed to the Director, Iowa Department of Education, Grimes State Office Building, 400 E 14th Street, Des Moines, IA 50319-0146.

    Revised: September 17, 2013 June 26, 2017

Iowa Law

  •  The "Iowa Civil Rights Act of 1965" prohibits discrimination in the areas of employment, housing, credit, public accommodations and education. Discrimination, or different treatment, is illegal if based on race, color, creed, national origin, religion, sex, sexual orientation, gender identity, pregnancy, physical disability, mental disability, retaliation (because of filing a previous discrimination complaint, participating in an investigation of a discrimination complaint, or having opposed discriminatory conduct), age (in employment and credit), familial status (in housing and credit) or marital status (in credit).

    The Iowa Civil Rights Commission serves all the people of Iowa, including the parties to complaints. Often these customers have competing interests. However, there are key expectations that these customers hold in common. These include:

    Iowa Protected Classes

     

     

    • Neutral fact-finding agency
    • Fairness and equality
    • Timeliness
    • Accessibility to staff and the process
    • Quality written analysis of cases
    • Thorough job knowledge and performance of our duties
    • Well reasoned decisions

     

     

     The Iowa Civil Rights Commission is committed to improving the quantity and quality of the processing of complaints which will significantly increase our ability to enforce the ICRA.  This goal can best be met by proper training, better oversight and holding individuals accountable for their performance. Additionally, the agency has implemented an investigative process that is flexible with more discretion to investigators rather than employing a "one size fits all" investigative approach. The agency also has provided new computers and updated software, increased access to legal research, and improved the general aesthetics of the office to enhance the staff's abilities to perform their duties.

    CIVIL RIGHTS COMMISSION, §216.2

     

Federal Law

  • Title VII of the Civil Rights Act of 1964 

    Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin in programs or activities receiving federal financial assistance. All federal agencies that provide grants of assistance are required to enforce Title VI. The U.S. Department of Education gives grants of financial assistance to schools and colleges and to certain other entities, including vocational rehabilitation programs.

    Examples of discrimination covered by Title VI include racial harassment, school segregation, and denial of language services to English learners. A fuller list of Title VI issues OCR addresses appears here. The U.S. Department of Education Title VI regulation (Code of Federal Regulations at 34 CFR 100) is enforced by the Department's Office for Civil Rights.


    The Title VI regulation prohibits retaliation for filing an OCR complaint or for advocacy for a right protected by Title VI. Title VI also prohibits employment discrimination, but the protection against employment discrimination under Title VI is limited. As a result, most complaints OCR receives raising race, color, or national-origin discrimination in employment are referred to the Equal Employment Opportunity Commission.

    For more information on Education and Title VI please click here.

    Links to Title VI of the Civil Rights Act of 1964 and its implementing regulations:

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    What are "Protected Classes"? — Subscript Law