Policy 532-R Equal Educational Opportunity Regulations

As designated in Minn Statute 121A.04 (Athletic Programs; Sex Discrimination), in determining whether equal opportunity to participate in athletic programs is available for the purposes of this law, at least the following factors shall be considered to the extent that they are applicable to a given
situation: whether the opportunity for males and females to participate in the athletic program reflects the demonstrated interest in athletics of the males and females in the student body of the educational institution; whether the opportunity for members of all races and ethnicities to participate in the athletic program reflects the demonstrated interest in athletics of members of all races and ethnicities in the student body of the educational institution; whether the variety and selection of sports and levels of competition effectively accommodate the demonstrated interests of members of each sex; whether the variety and selection of sports and levels of competition effectively accommodate the demonstrated interests of members of all races and ethnicities; the provision of equipment and supplies; scheduling of games and practice times; assignment of coaches; provision of locker rooms; practice and competitive facilities; and the provision of necessary funds for teams of one sex.

A. The Executive Director of Human Resources is the School district human rights officer to receive reports, complaints or reports of unlawful discrimination toward a student.

B. Any student who believes he or she has been the victim of unlawful discrimination by a teacher, administrator or other School district personnel, or any person with knowledge or belief of conduct which may constitute unlawful discrimination toward a student should report the alleged acts immediately to an appropriate School district official designated by these regulations or may file a report. The School district encourages the reporting party or complainant to use the report form available from the principal of each building or available from the School district office, but oral reports shall be considered complaints as well. Nothing in this policy shall prevent any person from reporting unlawful discrimination toward a student directly to a School district human rights officer or to the Superintendent.

C. The building principal is the person responsible for receiving oral or written reports of unlawful discrimination toward a student at the building level. Any adult school district personnel who receive a report of unlawful discrimination toward a student shall inform the building principal immediately.

D. Upon receipt of a report, the principal must notify the school district human rights officer immediately, without screening or investigating the report. The principal may request, but may not insist upon a written complaint. A written statement of the facts alleged will be forwarded as soon as practicable by the principal to the human rights officer. If the report was given verbally, the principal shall personally reduce it to written form within 24 hours and forward it to the human rights officer. Failure to forward any report or complaint of unlawful discrimination toward a student as provided herein may result in disciplinary action against the principal. If the complaint involves the building principal, the complaint shall be made or filed directly with the Superintendent or the school district human rights officer by the reporting party or complainant. If the complaint involves a human rights officer, the complaint shall be filed directly with the superintendent.

E. The School Board hereby designates the Executive Director of Human Resources as the school district human rights officer to receive reports, complaints or grievances of unlawful discrimination toward a student. If the complaint involves a human rights officer, the complaint shall be filed directly with the Superintendent.

F. The school district shall conspicuously post the name of the human rights officer, including office mailing addresses and telephone numbers.

G. Submission of a good faith complaint or report of unlawful discrimination toward a student will not affect the complainant or reporter’s future employment, grades or work assignments.

H. Use of formal reporting forms is not mandatory.

I. The school district will respect the privacy of the complainant, the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the School district’s legal obligations to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations.

A. By authority of the school district, the human rights officer, upon receipt of a report, complaint or grievance alleging unlawful discrimination toward a student, shall promptly undertake or authorize an investigation. The investigation may be conducted by School district officials or by a third party designated by the school district.

B. The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigator.

C. In determining whether alleged conduct constitutes a violation of this policy, the school district should consider the surrounding circumstances, the nature of the behavior, past incidents or past or continuing patterns of behavior, the relationships between the parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances.

D. In addition, the school district may take immediate steps, its discretion, to protect the complainant, pupils, teachers, administrators or other school personnel pending completion of an investigation of alleged unlawful discrimination toward a student.

E. The investigation will be completed as soon as practicable. The school district human rights officer shall make a written report to the superintendent upon completion of the investigation. If the complaint involves the superintendent, the report may be filed directly with the School
Board. The report shall include a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy.

A. Upon conclusion of the investigation and receipt of a report, the school district will take appropriate action. Such action may include, but is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation, termination or discharge. School district action taken for violation of this policy will be consistent with requirements of applicable collective bargaining agreements, Minnesota and federal law and School district policies.

B. The result of the school district’s investigation of each complaint filed under these procedures will be reported in writing to the complainant by the school district in accordance with state and federal law regarding data or records privacy.

A. The school district will discipline or take appropriate action against any pupil, teacher, administrator or other school personnel who retaliates against any person who reports alleged unlawful discrimination toward a student or any person who testifies, assists or participates in an investigation, or who testifies, assists or participates in a proceeding or hearing relating to such unlawful discrimination. Retaliation includes, but is not limited to any form of intimidation, reprisal or harassment.

A. These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the Minnesota Department of Human Rights, initiating civil action or seeking redress under state criminal statutes and/or federal law, or contacting the Office of Civil Rights for the United States Department of Education.

A. This policy shall be made available, on website or upon request, to all students, parents/guardians of students, staff members, employee unions and organizations.

B. The school district shall review this policy and the school district’s operation for compliance with state and federal laws prohibiting discrimination on a continuous basis.

• Adopted: October 13, 2014
• Amended: July 10, 2023
• Last Reviewed: July 10, 2023

• Policy 532 - Equal Educational Opportunity