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Equal Opportunity and Anti-Harassment/Discrimination Policy (AC)

LCS is committed to providing a safe learning and work environment where all members of the school community are treated with dignity and respect. LCS is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of race, color, sex (which includes marital status), sexual orientation, national origin, religion, ancestry, ethnicity, disability and/or any other status protected by law. Accordingly, no otherwise qualified student or employee, applicant for employment or member of the public shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any school program or activity on the basis of race, color, national origin, ancestry, ethnicity, religion, sex (which includes marital status), sexual orientation, disability, or other status protected by law. Discrimination against employees and applicants for employment based on age or genetic information is also prohibited pursuant to state and/or federal law.

In keeping with these statements, the following shall be objectives of LCS:

  1. To promote the rights and responsibilities of all individuals as set forth in the state and federal constitutions, pertinent legislation and applicable judicial interpretations.
  2. To encourage positive experiences in terms of human values for children and adults who have differing personal and family characteristics or who come from various socioeconomic, racial and ethnic groups.
  3. To consider carefully, in all decisions made which affect the schools, the potential benefits or adverse consequences that those decisions might have on the human relations aspects of all segments of society.
  4. To utilize educational experiences to build each individual’s pride in the community in which he or she lives.
  5. To initiate a process of reviewing all policies and practices of the school in order to achieve the objectives of this policy to the greatest extent possible.
  6. To investigate and resolve promptly any complaints of discrimination and harassment in violation of this policy.
  7. To investigate and appropriately discipline employees and students found to be responsible for incidents of harassment or discrimination in violation of school policy.

Annual Notice
LCS shall issue a written notice prior to the beginning of each school year that advises students, parents, employees and the general public that the educational programs, activities and employment opportunities offered by the school are offered without regard to race, color, sex (which included marital status), sexual orientation, religion, national origin, ancestry, ethnicity, disability or any other status protected by law. With respect to employment practices, LCS shall also issue written notice that it does not discriminate on the basis of age or genetic information. The announcement shall also include the name/title, address, email address and telephone number of the person(s) designated to coordinate the school’s Title IX and Section 504 and ADA compliance activities. This notice will be made available to persons who are visually impaired in an appropriate mode of communication.

The notice shall appear on a continuing basis in all school media containing general information, including: teachers’ guides, school publications, the school’s website, recruitment materials, application forms, vacancy announcements, student handbooks, school program notices, summer program newsletters and annual letters to parents.

Harassment Is Prohibited
Harassment based on a person’s race, color, national origin, ancestry, ethnicity, religion, sex (which includes marital status), sexual orientation, age, disability or other status protected by law is a form of discrimination prohibited by this policy. Preventing and remedying such harassment at LCS is essential to ensure a nondiscriminatory, safe environment in which students can learn, employees can work, and members of the public can access and receive the benefit of LCS facilities and programs. All such harassment, by school employees, students, and third parties, is strictly prohibited.

All employees and students share the responsibility to ensure that harassment does not occur at any LCS campus, on any LCS property, at any school-sanctioned activity or event, or off school property when such conduct has a nexus to the school, or any school curricular or noncurricular activity or event.

For purposes of this policy, harassment is any unwelcome, hostile and offensive verbal, written or physical conduct based on or directed at a person’s race, color, national origin, ancestry, ethnicity, religion, sex (including marital status), sexual orientation, age, disability or other status protected by law that: (1) results in physical, emotional or mental harm, or damage to property; (2) is sufficiently severe, persistent, or pervasive that it interferes with an individual’s ability to participate in or benefit from an educational program or activity or creates an intimidating, hostile or threatening environment; or (3) substantially disrupts the orderly operation of the school.

Harassing conduct may take many forms, including, but not limited to:

  • verbal acts and name-calling
  • graphic depictions and written statements, which may include use of cell phones or the internet
  • other conduct that may be physically threatening, harmful or humiliating

Reporting Discrimination and Harassment
Any student who believes he or she has been a victim of discrimination or harassment as defined in this policy, or who has witnessed such discrimination or harassment, shall immediately report it to the appropriate administrator as set forth in the regulation which accompanies this policy. See Regulation AC-R.

Any employee, applicant for employment or member of the public who believes he or she has been a victim of discrimination or harassment, or who has witnessed such discrimination or harassment, shall file a complaint with the appropriate administrator as set forth in the regulation which accompanies this policy. See Regulation AC-R.

School Action
All employees who witness discrimination or harassment shall take prompt and effective action to stop it, as prescribed by the school.

LCS shall take appropriate action to promptly and impartially investigate allegations of discrimination and harassment, to end discriminatory or harassing behavior, to prevent the recurrence of such behavior, and to prevent retaliation against any individuals who file complaints and any persons who participate in an investigation. When appropriate, LCS shall take interim measures during the investigation to protect against discrimination, harassment or retaliation.

To the extent possible, all reports of discrimination or harassment will be kept confidential. Students or employees who knowingly file false complaints or give false statements in an investigation shall be subject to discipline, up to and including suspension/expulsion for students and termination of employment. No student, employee or member of the public shall be subject to adverse treatment in retaliation for any good faith report of harassment under this policy.

Upon determining that incidents of discrimination or harassment in violation of this policy are occurring in particular school settings or activities, LCS shall implement measures designed to remedy the problem in those areas or activities.

Any student or employee who engages in discrimination or harassment in violation of this policy shall be disciplined according to applicable Board policies and the LCS shall take reasonable action to restore lost educational or employment opportunities to the individual(s).

In cases involving potential criminal conduct, the LCS Executive Director shall determine whether appropriate law enforcement officials should be notified.

Notice and Training
To reduce discrimination and harassment and ensure a respectful school environment, the administration is responsible for providing notice of this policy to all campuses and departments. The policy and compliant process shall be referenced in student and employee handbooks and otherwise available to students, employees and members of the public through electronic or hard-copy distribution.

Students and employees shall receive periodic training related to recognizing and preventing discrimination and harassment in violation of this policy. Employees shall receive additional training related to handling reports of discrimination and harassment. The training will include, but not be limited to:

  • awareness of groups protected under state and federal law
  • how to recognize and react to discrimination and harassment in violation of this policy other
  • harassment prevention strategies

LCS Policy Adopted August 9, 2012
Revised Policy Adopted August 21, 2017
Revised Policy Adopted April 23, 2019

LEGAL REFS.:

  • 29 U.S.C. §621 et seq. (Age Discrimination in Employment Act of 1967)
  • 29 U.S.C. §701 et seq. (Section 504 of the Rehabilitation Act of 1973)
  • 42 U.S.C. §12101 et seq. (Title II of the Americans with Disabilities Act)
  • 42 U.S.C. §2000d (Title VI of the Civil Rights Act of 1964, as amended in 1972) 42 U.S.C. §2000e
    (Title VII of the Civil Rights Act of 1964)
  • 34 C.F.R. Part 100
  • C.R.S. 2-4-401 (13.5) (definition of sexual orientation)
  • C.R.S. 18-9-121 (bias-motivated crimes)
  • C.R.S. 24-34-301 (7) (definition of sexual orientation)
  • C.R.S. 24-34 401 et seq. (discriminatory or unfair employment practices)
  • C.R.S. 24-34-601 (discrimination in places of public accommodation)
  • C.R.S. 24-34-602 (penalty and civil liability for discrimination)