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Non-Discrimination (AC-R)

LCS is committed to providing a working and learning environment that is free from unlawful discrimination and harassment. LCS shall promptly respond to concerns and complaints of unlawful discrimination and/or harassment; take action in response when unlawful discrimination and/or harassment is discovered; impose appropriate sanctions on offenders in a case-by-case manner; and protect the privacy of all those involved in unlawful discrimination and/or harassment complaints as required by state and federal law. When appropriate, the complaint shall be referred to law enforcement for investigation.

LCS has adopted the following procedures to promptly and fairly address concerns and complaints about unlawful discrimination and/or harassment. Complaints may be submitted orally or in writing.

For the purpose of this regulation, “aggrieved individual” shall mean a student, the parents or guardians of a student under the age of 18 acting on behalf of a student, an employee of LCS, or member of the public who is directly affected by and/or is witness to an alleged violation of Board policies prohibiting unlawful discrimination or harassment.

Complaint Procedure
An aggrieved individual is encouraged to promptly report to the Principal any unlawful harassment or discrimination to which he/she is subjected, observes, or becomes aware, and which the aggrieved individual considers to be unlawful harassment, based on a protected status, or which the aggrieved individual believes constitutes unlawful discrimination. If the report concerns sexual harassment, the aggrieved individual may request that a person of the same gender be designated to receive the report from the aggrieved individual.

If the unlawful harassment or discrimination involves the Principal, the aggrieved individual may report the harassment or discrimination to the Executive Director. If the unlawful harassment or discrimination involves the Executive Director, the aggrieved individual may report the harassment or discrimination to the Board President. If the unlawful harassment or discrimination involves the Board President, the aggrieved individual may report it to another Board Member or the School’s legal counsel.

An aggrieved individual will not be subject to any retaliatory action as a result of reporting conduct that the individual believes to be unlawful harassment or discrimination.

The Principal or Board member receiving a complaint of discrimination or harassment shall immediately report it directly to the Executive Director, or if the complaint involves the

Executive Director to the Board President.
All complaints shall include a detailed description of the alleged events, the dates the alleged events occurred, and names of the parties involved, including any witnesses. The complaint shall be made as soon as possible after the incident.

Confidentiality
Information concerning an aggrieved individual’s claim of unlawful harassment or discrimination will be treated confidentially and disclosed only to those with a “need to know.”

Investigation
The Principal shall confer with the aggrieved individual and/or the alleged victim of the unlawful discrimination or harassment as soon as is reasonably possible, but no later than 5 calendar days following the Principal’s receipt of the complaint in order to obtain a clear understanding of the basis of the complaint.

Within 10 calendar days following the initial meeting with the aggrieved individual and/or alleged victim, the Principal shall attempt to meet with the individual alleged to have engaged in the prohibited conduct and, if a student, his or her parents/guardians in order to obtain a response to the complaint. Such person(s) shall be informed of all allegations that, in the Principal’s judgment, are necessary to achieve a full and accurate disclosure of material information or to otherwise resolve the complaint.

At the initial meetings, the Principal shall explain the avenues for informal and formal action, provide a description of the complaint process, and explain that both the victim and the individual alleged to have engaged in prohibited conduct have the right to exit the informal process and request a formal resolution of the matter at any time. The Principal shall also explain that whether or not the individual files a written complaint or otherwise requests action, LCS is required by law to take steps to correct the unlawful discrimination or harassment and to prevent recurring unlawful discrimination, harassment or retaliation against anyone who makes a report or participates in an investigation. The Principal shall also explain that any request for confidentiality shall be honored so long as doing so does not preclude LCS from responding effectively to prohibited conduct and preventing future prohibited conduct.

Informal action
If the aggrieved individual and/or the individual alleged to have engaged in the prohibited conduct requests that the matter be resolved in an informal manner and/or the Principal believes that the matter is suitable to such resolution, the Principal may attempt to resolve the matter informally through mediation, counseling or other non-disciplinary means. If both parties feel a resolution has been achieved through the informal process, then no further compliance action must be taken. No party shall be compelled to resolve a complaint of unlawful discrimination or harassment informally and either party may request an end to an informal process at any time. Informal resolution shall not be used to process complaints against an LCS employee and shall not be used between students where the underlying offense involves sexual assault or other act of violence.

Formal action
If informal resolution is inappropriate, unavailable or unsuccessful, the Principal shall promptly investigate the allegations to determine whether and/or to what extent, unlawful discrimination or harassment has occurred. The Principal may consider the following types of information in determining whether unlawful discrimination or harassment occurred:

  1. statements by any witness to the alleged incident,
  2. evidence about the relative credibility of the parties involved,
  3. evidence relative to whether the individual alleged to have engaged in prohibited conduct has been found to have engaged in prohibited conduct against others,
  4. evidence of the aggrieved individual and/or alleged victim’s reaction or change in behavior following the alleged prohibited conduct,
  5. evidence about whether the alleged victim and/or aggrieved individual took action to protest the conduct,
  6. evidence and witness statements or testimony presented by the parties involved,
  7. other contemporaneous evidence, and/or
  8. any other evidence deemed relevant by the compliance officer.

In deciding whether conduct is a violation of law or policy, all relevant circumstances shall be considered by the Principal, including:

  1. the degree to which the conduct affected one or more student’s education or one or more employee’s work environment,
  2. the type, frequency and duration of the conduct,
  3. the identity of and relationship between the individual alleged to have engaged in the prohibited conduct and the aggrieved individual and/or alleged victim,
  4. the number of individuals alleged to have engaged in the prohibited conduct and number of victims of the prohibited conduct,
  5. the age of the individual alleged to have engaged in the prohibited conduct and the aggrieved individual and/or alleged victim,
  6. the size of the school, location of the incident and context in which it occurred,
  7. other incidents at the school.

The Principal shall prepare a written report containing findings and recommendations, as appropriate, and submit the report to the Executive Director within twenty calendar days following the Principal’s receipt of the complaint or ten calendar days following the termination of the informal resolution process.

The Principal’s report shall be advisory and shall not bind the Executive Director to any particular course of action or remedial measure. Within ten calendar days after receiving the Principal’s findings and recommendation, the Executive Director or designee shall determine any sanctions or other action deemed appropriate, including if appropriate recommendations to the Board for disciplinary or other action.

If either party is not satisfied with the Principal’s determination, a written request for review may be filed with the Executive Director. Within ten school days of receiving the request for review, the Executive Director shall conduct any additional investigation necessary and issue a written report to the alleged victim or his/her legal guardian, the individual alleged to have engaged in the prohibited conduct or his/her legal guardian, and the Principal. The Executive Director’s review shall be limited to whether or not the complaint policy was adequately followed and whether there has been a violation of LCS policy. Any action taken by the Executive Director shall be final.

Retaliation
An individual shall not be harassed, intimidated or subjected to retaliation for reporting unlawful harassment or discrimination, or for cooperating with or participating in any investigation of harassment or discrimination. An individual must immediately report retaliation to which he/she is objected, in the same manner as a complaint of unlawful harassment or discrimination in accordance with the reporting procedure outlined above.

Outside agencies
In addition to, or as an alternative to, filing a complaint pursuant to this regulation, a person may file a discrimination complaint with the U.S. Department of Education, Office for Civil Rights (OCR); the Federal Office of Equal Employment Opportunity Commission (EEOC); or the Colorado Civil Rights Division (CCRD). The addresses of these agencies are listed below.

Denver Office for Civil Rights (OCR), U.S. Department of Education, 1244 Speer Blvd., Suite 310, Denver, CO 80204-3582. Toll Free: 800-262-4845 English/Spanish. Telephone: 303-844-5695. Fax: 303-844-4303. TTY: 303-844-3417. Email: OCR Denver @ed.gov
Federal Office of Equal Employment Opportunity Commission (EEOC), 303 E. 17th Avenue, Denver, CO 80203. Toll Free: 800-669-4000. Fax: 303-866-1085. TTY: 800-669-6820. Email: egov.eeoc.gov.eas

Colorado Civil Rights Division (CCRD), 1560 Broadway, Suite 1050, Denver, CO 80202. Toll Free: 800-262-4845. Telephone: 303-894-2997. Fax: 303-894-7830. Email: dora_CCRD@state.co.us

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