R 1530  EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT PROCEDURE (M)

A.    Purpose and Application
 
	1.  	The purpose of this procedure is to give any district employee or 		candidate for employment the opportunity to appeal an alleged 		denial of equal employment opportunity in violation of State 		statutes and administrative codes, and Federal laws and Policy 		1530, guaranteeing “equal access to all categories of employment 		without discriminating on the basis of any of the protected 			categories listed at N.J.A.C. 6A:7-1.1(a).”

	2.  	This procedure is intended to facilitate an equitable and just 		resolution of a dispute at the most immediate level and should be 		implemented in an informal manner.

	3.      	Every reasonable effort will be made to expedite the process in the 		interest of a prompt resolution.  Time limits may, however, be 		extended with the consent of all parties.

	4.  	All participants in the procedure will respect the confidentiality 		that this district accords to information about individual 			employees.

B.    	Definitions
 
1.     	“Board of Education” means the Board of Education of this 	school district.

2.     	“Complaint” means an alleged discriminatory act or 		practice.

3.     	“Complainant” means a staff member who alleges a 		discriminatory act or practice.

4.     	“Day” means a working or calendar day as identified.

5.     	“Discriminatory act or practice” means denial of equal 		employment opportunity in violation of State statutes and 		administrative codes and Federal laws and Policy 1530.

6.     	“School district” means this school district.

C.    	Procedure

		1.     	A complainant who believes that they have been harmed or 		adversely affected by a discriminatory practice or act 		prohibited by law and/or policy shall discuss the matter 		with their immediate supervisor in an attempt to resolve the 	matter informally.

		2.     	If the matter is not resolved to the satisfaction of the 		complainant within thirty working days of the discussion 		with their supervisor, the complainant may submit a 		complaint to the Affirmative Action Officer.  The 			complaint may be reported:  in person; in writing; verbally 		by telephone; by mail to the office address; or by electronic 	mail.  The complaint may be reported during business or 		non-business hours.

		3.     	The complaint shall include:

			a.     	The complainant’s name and address;

			b.     	The specific act or practice of which the 				complainant complains;

			c.     	The school employee, if any, responsible for the 			allegedly discriminatory act;

			d.     	The results of discussions conducted in accordance 			with C.1. above; and

			e.     	The reasons why the results of the discussions were 			not satisfactory to the complainant.
		4.   	The Affirmative Action Officer will investigate the matter 		informally and will respond to the complaint in writing no 		later than seven working days after receipt of the complaint 	filed in accordance with C.2. above.  A copy of the 			complaint and the response will be forwarded to the 		Superintendent.

		5.   	The Affirmative Action Officer’s written response may be 		appealed to the Superintendent in writing within three 		working days after it has been received by the complainant. 	The appeal will include the original complaint, the response 	to the complaint, and the complainant’s reason for rejecting 	the response.  A copy of the appeal must be given to the 		staff member alleged to have acted discriminatorily.

		6.   	On their timely request (that is, submitted before the 		expiration of the time within which the Superintendent 		must render a decision), the complainant will be given an 		informal hearing before the Superintendent, at a time and 		place convenient to the parties, but no later than seven 		working days after the request for a hearing has been 		submitted.  The Superintendent may also require the 		presence at the hearing of the staff member charged with a 		discriminatory act and any other person with knowledge of 		the act.

		7.   	The Superintendent will render a written decision in the 		matter no later than seven working days after the appeal 		was filed or the hearing was held, whichever occurred later.  	Copies of the decision will be given to all parties.

		8.   	The complainant may appeal the Superintendent’s decision 		to the Board by filing a written appeal with the Board 		Secretary no later than three working days after receipt of 		the Superintendent’s decision.  The appeal shall include:

			a.     	The original complaint;

			b.     	The response to the complaint;

			c.     	The Superintendent’s decision;

			d.     	A transcript of the hearing, if one has been made, or 		a summary of the hearing to which all parties have 			consented; and

			e.     	The complainant’s reason for believing the 				Superintendent’s decision should be changed.

		9.   	A copy of the appeal to the Board must be given to the staff 	member, if any, charged with a discriminatory act.

		10. 	The Board will review all papers submitted and may render 	a decision on the basis of the proceedings below.  If the 		complainant so requests, the Board may convene a hearing, 	at which all parties may be represented by counsel and may 	present and examine witnesses, who will testify under oath.

		11.   	The Board will render a written decision no later than 		forty-five calendar days after the appeal was filed or the 		hearing held, whichever occurred later.  Copies of the 		decision will be given to all parties.

		12.   	The complainant will be informed of their right to appeal 		the Board’s decision to the:

			a.     	Commissioner of Education
			        	New Jersey State Department of Education
			   	P.O. Box 500
			       	Trenton, New Jersey  08625-0500 or the      			b.     	New Jersey Division on Civil Rights  				Central Regional Office					       	Office of the Attorney General					        	140 East Front Street – 6th Floor					       	Trenton, New Jersey  08625-0090				     	
D.    	Record
		1.     	The records of any complaint processed in accordance with 	this procedure shall be maintained in a file kept by the 		Affirmative Action Officer. 

		2.     	A copy of the decision rendered at the highest level of 		appeal finding a discriminatory act has occurred shall be 		kept in the personnel file of the employee found to have 		committed a discriminatory act.

Date Issued: 18 December 1995
Date Revised:  February 28, 2011, February 21, 2017,  April 30, 2024