The Muscogee County School District does not discriminate on the basis of race, color, national origin, religion, age, disability, or sex (including pregnancy, gender identity and sexual orientation), genetic information and protected veteran status. It is the policy of the Board of Education to comply fully with the requirements of Title VI, Title VII, Title IX, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA) and all accompanying regulations
Any employee or applicant for employment, or other person who believes that he or she has been discriminated against or harassed in violation of this policy by a Muscogee County School District (MCSD) employee must make a complaint in accordance with the procedures outlined below.
COMPLAINT PROCESS AND PROCEDURE
Complaints presented to the MCSD, pursuant to this procedure, that alleged discrimination or harassment on the basis of race, color or national origin in violation of Title VI; sex (except as stated below) in violation of Title IX; religion in violation of Title VII; disability in violation of Section 504 or the ADA, or on the basis of age in violation of the ADEA, will be processed in accordance with the following procedure:
1. (a) Any employee or applicant for employment, or other person with a complaint alleging a violation as described above shall promptly notify, in writing or orally, either the principal for his/her school or the appropriate coordinator designated by the school principal or District.If the complaint is verbal, either the coordinator or school principal to whom the complaint is made shall promptly prepare a memorandum or written statement of the complaint as made to him or her by the complainant and shall have the complainant read and sign the memorandum or statement if it accurately reflect the complaint made If the complaint is made to a school principal or other employee, he or she shall be responsible for notifying the appropriate coordinator of the complaint. Reports or complaints other than those described in 1b shall be handled in accordance with the procedures starting in 2.
(b) Any person with a complaint or report alleging sexual harassment as defined in Policy GAEB (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sexual harassment), may report, in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator on the District's website, or by any other means that results in the Title IX Coordinator receiving the person's verbal or written report. Such a report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address, listed for the Title IX Coordinator. Such reports will be handled in accordance with the procedures and grievance process specified in Policy GAEB.
2. If the alleged offending individual is the Coordinator, the complaint shall either be made by the complainant to the Superintendent or, if the complaint is initially made to the school principal, reported by the principal to the Superintendent. If the alleged offending individual is the Superintendent, the complaint shall be made to the designated coordinator, who shall, without further investigation, report the complaint to the Board chairperson.
3. The Coordinator shall have fifteen (15) school days to gather all information relevant to the complaint made, review the information, determine the facts relating to the complaint, review the action requested by the complainant, and attempt to resolve the complaint with the complainant and any other persons involved. The Coordinator or designee shall prepare a written response to the complaint detailing any action to be taken in response to the complaint and the time frame in which such action will be taken and copies of this response shall be furnished to the complainant, the appropriate Human Resources Coordinator or his or her designee.
4. If the complaint is not resolved at the conclusion of the fifteen (15) day period or if the complainant is not satisfied with the resolution of the complaint, the complainant shall have the right, within five (5) school days of receiving a copy of the written response, to have the complaint referred to the Superintendent of Schools. If the alleged offending individual is the Superintendent, the complainant may have the complaint referred to the Board of Education, rather than the Superintendent.
5. The Superintendent shall have fifteen (15) school days to review the complaint and the response of the Coordinator or designee and attempt to resolve the complaint. The Superintendent shall furnish to the complainant a written response setting forth either his or her approval of the action recommended by the Coordinator or designee or the action to be taken by the School District in response to the complaint in lieu of that recommended by the Coordinator or designee and the time frame in which such action shall be taken. The decision of the Superintendent shall be final.
6. This policy is not intended to discourage or deprive any individual of the ability they may have to file a grievance pursuant to any other policy of the local Board of Education, specifically the policy designed to implement Official Code of Georgia Annotated 20-2-989.5, where appropriate. This policy is not intended to provide an alternative process for resolving evaluation and employment disputes where there already exists a due process procedure mandated by state law or State Department of Education regulations, specifically including, but not limited to, hearings to be conducted pursuant to the Fair Dismissal Act of Georgia. The complainant retains at all times the right to contact the Office of Civil Rights, the Equal Employment Opportunity Commission or any other appropriate state or federal agency with regard to any allegations that the system has violated the statutes described above.
7. The Muscogee County School District shall distribute this policy and procedure to employees through its District website and the Muscogee County School District and other appropriate procedures.
8. No retaliation shall occur as a result of reporting allegations in good faith under this policy and any attempt to retaliate against a complainant shall be disciplined as is appropriate.
9. The confidentiality of any individual making a complaint or report in accordance with this policy, to the extent it reasonably possible and complies with the law, shall be protected, although the discovery of truth and/or elimination of harassment or discrimination shall be the overriding consideration.
10. Contact information for Human Resources is available on the Muscogee County School District website at www.muscogee.k12.ga.us or by calling 706-748-2000.
Original Adopted Date: 03/18/2002 | Last Revised Date: 09/21/2020