Non-Discrimination

The Board is committed to an environment in which all individuals, including students, staff, job applicants, the general public and individuals with whom it does business, are treated with dignity and respect.  The Board prohibits discrimination based on race, color, national origin, ancestry, citizenship status, religion, sex, economic status, age, disability, military status or legally acquired genetic information.

District Compliance Officer(s)

The Board designates the following individual(s) to serve as the District’s compliance officer:

Title:  Damon Dohar, Superintendent

Address:  1334 Seaborn Street, Mineral Ridge, Ohio 44440

Phone number:  (330) 652-0287

Email:  dohardam@weathersfield.k12.oh.us

The name, title, and contact information of this individual is annually published in District handbooks and on the District website.

The compliance officer is responsible for coordinating the District’s efforts to comply with applicable Federal and State laws and regulations, including, but not limited to, Title II of the Americans with Disabilities Act, Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendment Act of 1972, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination in Employment Act of 1975.

The compliance officer is responsible for addressing any inquiries or complaints regarding discrimination or retaliation in a prompt and equitable manner.

Reports and Complaints of Unlawful Discrimination/Harassment

Individuals who feel they have been subjected to unlawful discrimination or retaliation may file a complaint, either orally or in writing, with the compliance officer or an administrator, supervisor or other District-level administrator.  Employees are required to promptly report to the compliance officer or an administrator, supervisor or other District-level administrator when they become aware of incidents of unlawful discrimination or retaliation.  All other persons associated with the District are encouraged to promptly report when they become aware of such incidents. Any administrator, supervisor or District-level administrator who receives such a complaint must forward it to the compliance officer.

The Board has developed complaint procedures, which are made available to every member of the school community. The complaint procedures are not intended to interfere with the rights of any individual to pursue action through State and/or Federal law, contact law enforcement, or file a complaint with the United States Department of Education, Office of Civil Rights, the Ohio Civil Rights Commission or the Equal Employment Opportunity Commission.

The Board has adopted separate policies and procedures for sexual harassment, including the identification of the Title IX Coordinator.  All sexual harassment reports must be managed in accordance with the sexual harassment policy and procedure.

Interim Measures and Responsive Action

Upon receiving a complaint, the compliance officer will consider whether any interim measures should be taken to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the District’s educational environment, or deter discrimination.

The District shall enforce its prohibitions against unlawful discrimination by taking responsive action reasonably calculated to stop and prevent further misconduct.  Employees or students who engage in unlawful discrimination or retaliation may be subject to disciplinary action.  The Board has identified disciplinary penalties, which may be imposed on the offender(s).

Confidentiality

Matters, including the identity of both the reporting party and the responding party, are kept confidential to the extent possible.

Retaliation

No one shall retaliate against an employee or student because he/she files a grievance; assists or participates in an investigation, proceeding or hearing regarding the charge of discrimination of an individual; or because he/she has opposed language or conduct that violates this policy.  Any administrator, supervisor or District-level administrator who is aware of such retaliation shall forward it to the compliance officer.  Reported acts of retaliation will be promptly investigated and addressed.

The U.S. Department of Education has published regulations for implementing Title IX of the Education Amendments of 1972, which prohibits sex discrimination in federally assisted education programs.

Title IX states, in part:  “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any education program or activity receiving federal financial assistance.”

The Board ensures compliance with Title IX of the Education Amendments of 1972, Title VI of the Civil Rights Act of 1964 and the regulations promulgated through the U.S. Department of Education.

The Board maintains that discrimination against a qualified person with a disability solely on the basis of disability is unfair.  To the extent possible,  a qualified person with a disability should be in the mainstream of life in a school community.  In addition, the District is the recipient of federal funds and therefore must be in compliance with all laws and regulations that deal with individuals with disabilities. 

Accordingly, employees of the District comply with the law and Board policy to ensure nondiscrimination on the basis of disability.  The following is expected:

1. No one discriminates against qualified persons with a disability in any aspect of school employment solely on the basis of disability.
   Facilities, programs and activities are made available to qualified persons with a disability.

2. Free appropriate public education at elementary and secondary levels, including nonacademic and extracurricular services and activities, are provided to qualified persons with a disability.

3. No one excludes any qualified person with a disability, solely on the basis of disability, from participation in any preschool education, day care, adult education or career-technical education program.

4. Each qualified person with a disability is provided with the same health, welfare and other social services that are provided to others.

The District does not discriminate on the basis of sex in any education program or activity that it operates, including admission and employment.  The District is required by Title IX of the Education Amendments of 1972 and the regulations promulgated through the U.S. Department of Education not to discriminate in such a manner. Inquiries about the application of Title IX to the District may be referred to the District’s Title IX Coordinator, to the Assistant Secretary for Civil Rights of the Department of Education, or both.

The Board designates the following individual to serve as the District’s Title IX Coordinator:

               Title:  Damon Dohar, Superintendent                                                      

               Office address:  1334 Seaborn Street, Mineral Ridge, Ohio 44440        

               Email:  dohardam@weathersfield.k12.oh.us                                           

               Phone number:  (330) 652-0287                                                              

Any person may report sex discrimination, including sexual harassment, at any time, including during non-business hours. Such a report may be made in person, by mail, by telephone or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.

For purposes of this policy and the grievance process, “sexual harassment” means conduct on the basis of sex that satisfies one or more of the following:

1. A District employee conditioning the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct;

2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the District’s education program or activity or

3. “Sexual assault” as defined in 20 USC 1092(f)(6)(A)(v), “dating violence” as defined in 34 USC 12291(a)(10), “domestic violence” as defined in 34 USC 12291(a)(8) or “stalking” as defined in 34 USC 12291(a)(30).

When the harassment or discrimination on the basis of sex does not meet the definition of sexual harassment, the Title IX Coordinator directs the individual to the applicable sex discrimination process for investigation.

Retaliation Prohibited

The District prohibits intimidation, threats, coercion or discrimination against any individual for the purpose of interfering with any right or privilege secured by Title IX or this policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation proceeding or hearing, if applicable. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or this part, constitutes retaliation.

Confidentiality

The District must keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any individual who has been alleged to be the victim or perpetrator of conduct that could constitute sexual harassment, and any witness, except as may be permitted by the Family Educational Rights and Privacy Act (FERPA) or as required by law, or to carry out the purposes of the Title IX regulations, including the conduct of any investigation, hearing or judicial proceeding arising thereunder.

Notice Requirements

The District provides notice to applicants for admission and employment, students, parents or legal guardians of elementary and secondary school students, employees and the union(s) with the name or title, office address, email address and telephone number of the Title IX Coordinator and notice of the District grievance procedures and process, including how to report or file a complaint of sex discrimination, how to file a formal complaint of sexual harassment and how the District will respond. The District also posts the Title IX Coordinator’s contact information and Title IX policies and procedures in a prominent location on the District website and in all handbooks made available by the District. 

Training Requirements

The District ensures that Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, receives training on the definition of sexual harassment, the scope of the District’s education program or activity, how to conduct an investigation and grievance process including hearings, appeals and informal resolution processes, when applicable, and how to serve impartially including by avoiding prejudgment of the facts at issue, conflicts of interest and bias.  The District also ensures that decision-makers and investigators receive training on issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant as set forth in the formal procedures that follow, and training on any technology to be used at a live hearing, if applicable. Investigators also receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence. All materials used to train individuals who receive training under this section must not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment and are made publicly available on the District’s website.

Conflict of Interest and Bias

The District ensures that Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process do not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.

Determination of Responsibility

The individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment is presumed not responsible for alleged conduct. A determination regarding responsibility will be made by the decision-maker at the conclusion of the investigation in accordance with the process outlined in the accompanying regulation. No disciplinary sanctions will be imposed unless and until a final determination of responsibility is reached.