How students, employees, and parents can report discrimination, harassment, or retaliation, and what happens next.
In keeping with federal and state anti-discrimination legislation and district policy, the Board has adopted and hereby publishes the following Grievance Procedure for the resolution of employee, student, and parent complaints alleging discrimination, harassment, retaliation, or hostile work environment based on a protected characteristic. The Affirmative Action Officer (AAO) has the responsibility to coordinate and implement the district’s efforts to comply with New York Human Rights Law (NY Executive Law, Article 15) to promote a working and learning environment free of unlawful discrimination
To provide students, employees, and parents with a procedure by which they may seek a remedy for alleged violations involving discrimination, harassment, retaliation, or hostile work environment based on race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy), familial status, marital status, domestic partnership or civil union status, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, liability for military service, mental or physical disability, perceived disability, and AIDS or HIV status, in accordance with the New York Human Rights Law.
Grievance: A formal complaint submitted verbally or in writing alleging discrimination, harassment, retaliation, or hostile work environment based upon a protected characteristic.
Grievant / Complainant: Any student, employee, parent, applicant, or other individual who believes they have been subjected to unlawful discrimination, harassment, retaliation, or hostile work environment.
Respondent: Individual against whom the allegation is made.
Affirmative Action Officer (AAO): The district employee designated to coordinate compliance with federal and state anti-discrimination laws and responsible for investigating complaints that involve protected classes.
Protected Characteristic: A characteristic protected under federal or New Jersey law, including race, color, religion, national origin, ancestry, age, sex, pregnancy, disability, sexual orientation, gender identity or expression, marital status, military service, genetic information, and other legally protected classifications.
Hostile Work Environment: A form of unlawful harassment in which unwelcome conduct based on a protected characteristic is sufficiently severe or pervasive to create an intimidating, hostile, or offensive work environment or unreasonably interfere with an individual’s employment.
The grievant shall present the complaint in writing to the AAO using the District Affirmative Action Grievance Report Form.
The AAO will review the complaint to determine whether the allegations involve discrimination, harassment, retaliation, or hostile work environment based upon a protected characteristic under NJLAD.
The AAO will investigate all complaints falling within the jurisdiction of the Affirmative Action process. The investigation may include interviews, written statements, review of documents, electronic communications, and any other relevant evidence. The AAO will respond to the grievant within a reasonable timeframe based upon the nature and complexity of the investigation.
If the grievant is dissatisfied with the findings or resolution, they may submit a written appeal within ten (10) working days to the CEO or designee (other than the AAO).
The CEO or designee shall respond to the appeal within five (5) working days.
If the grievant remains dissatisfied, they may submit a written appeal within ten (10) working days to the Board of Trustees, which shall hear the appeal at its next regularly scheduled meeting or within thirty (30) calendar days.
The Board of Trustees shall provide a written decision within thirty (30) calendar days following the hearing.
If the grievant remains dissatisfied with the Board’s decision, they may file a complaint with the appropriate state or federal agency. The grievant also retains the right to bypass the district grievance procedure and file directly with the appropriate agency at any time.
Retaliation against any individual for filing a grievance, participating in an investigation, serving as a witness, or opposing unlawful discrimination is strictly prohibited. Allegations of retaliation shall be investigated promptly and may constitute a separate violation of district policy.
The District will make reasonable efforts to maintain the confidentiality of all complaints and investigations to the extent permitted by law. Information will be shared only with individuals who have a legitimate educational or business need to know.
Attention: Complaint Coordinator
89 Washington Avenue, Room 320EB
Albany, New York 12234
One Fordham Plaza, Fourth Floor
Bronx, NY 10458
Voice: 718-741-8332
U.S. Department of Education
75 Park Place, 4th Floor
New York, NY 10007
212-264-3313 or 212-637-6330
Newark District Office
1 Newark Center, 21st Floor
Newark, NJ 07102
973-645-6383 or 800-669-4000