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Procedure No. |
5010P |
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Adoption Date: |
July 11, 1984 |
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Revised: |
August 28, 2000 |
PERSONNEL NONDISCRIMINATION AND AFFIRMATIVE ACTION
The Deer Park School District No. 414 has long upheld the policy of offering employment to all those who qualify, without regard to race, color, creed, gender, age, national origin, marital status, or because of sensory, physical or mental disability. In pursuit of this policy, the School District has endeavored to maintain a posture of objectivity in its hiring practices and personnel actions. At no time has the School District indulged in deliberate discrimination as a result of any policy decision.
The School District recognizes that even though there has been no intentional discrimination as a result of policy, a good faith effort must be undertaken to ensure the policy is vigorously administered. To this end, all district employees share a responsibility for its success.
With the above in mind, and in compliance with Executive Order 11245, Revised Order 4, and pertinent WHRC and HEW Guidelines, Deer Park School District No. 414 has adopted this Affirmative Action Program, which will become an integral part of the School District's administrative practices.
PURPOSE OF AFFIRMATIVE ACTION PROGRAM
The basic purpose of the District's Affirmative Action Program is to ensure that proper personnel procedures are implemented which will provide uniform application of district personnel policy without regard to race, color, creed, gender, age, national origin, marital status, or because of sensory, physical or mental disability. To accomplish this, a commitment has been made and specific procedures established to direct and coordinate a good faith effort.
This Affirmative Action Program, in order to be successful, will be built into the structures and procedures affecting all personnel actions. As the title suggests, this is an action program and directed efforts will be made toward the achievement of specified and timely goals. It is recognized that intent is not enough -- that this program of activities and procedures must be actively administered.
Affirmative Action Plan
The needs of persons in a pluralistic society must be understood in order to continue to create an employment atmosphere compatible with and receptive to all persons. The following district goals are intended to assure the above and to make certain that a meaningful educational experience may continue to exist for all students and district staff alike.
Implementation of the Affirmative Action Plan shall be the responsibility of the Affirmative Action Officer. All administrators shall assist in the attainment of the established goals and purposes of this Affirmative Action program.
Supervisor Responsibility
All supervisors are required to review the progress of each employee and to provide career counseling as needed. The Affirmative Action Officer will ensure that all employees are given proper consideration for promotions, upgradings, transfers, and other actions without regard to disability, race, creed, color, religion, national origin, gender, or age.
The Superintendent and the Affirmative Action Officer will assess the effectiveness of supervisors in securing district-wide compliance with these provisions. It will be reflected in consideration of their capacity for upward mobility.
It shall be the responsibility of supervisors to take actions to prevent harassment of employees.
Dissemination
The district will disseminate information concerning the Affirmative Action program on a planned basis to assist in achieving the goals set forth in this plan. The following procedures will be used to disseminate Affirmative Action information:
Internal Audit And Monitoring System
The Personnel Department shall record by age, race, gender, and other protected groups applicant flow, new hires, promotions, transfer requests, transfers, administrative internships, and terminations, to the extent possible.
The Personnel Department shall evaluate the effectiveness of the Affirmative Action program and report its status to the Board yearly. Such reports may include recommendations for changes in the Affirmative Action program goals.
The overall responsibility for monitoring and auditing this policy is assigned to the Affirmative Action Officer.
GRIEVANCE PROCEDURE
To ensure fairness and consistency, grievance review procedures are used in the district's relationship with its staff with regard to employment problems covered by state and federal equal employment opportunity laws and/or this Affirmative Action program. No staff member's status with the district shall be adversely affected in any way because the staff member utilized these procedures.
Informal Review Procedures
When a staff member has an employment problem concerning Equal Employment Opportunity, she/he will discuss the problem with the immediate supervisor within fifteen (15) days of the circumstances which gave rise to the problem. The staff member may also ask the Affirmative Action/Title IX officer to participate in the informal review procedure. It is intended that the informal discussion will resolve the issue.
If the staff member feels she/he cannot approach the supervisor because of the supervisor's involvement in the alleged discrimination, the staff member may directly contact the Affirmative Action/Title IX officer before pursuing formal procedures. If the discussion with the officer or immediate supervisor does not resolve the issue within fifteen (15) working days of the time the problem is first presented to him/her, the staff member may proceed to the formal review procedures.
Formal Review Procedures
These procedures are to be used for specific kinds of employment problems which remain unresolved after informal review has occurred. The procedures may not be used for discharge or discipline cases and can only be used in connection with alleged discrimination concerning gender, race, color, religion, national origin, age, marital status, or physical, mental or sensory disability. Time limits are expressed in working days and may be extended by mutual consent of the complainant and the district.
If the aggrieved does not refer the written grievance to the Affirmative Action/Title IX officer within fifteen (15) working days after failing to achieve satisfaction through the informal review procedures, the grievance will automatically be waived. If the aggrieved is not satisfied with the disposition of the grievance through the informal review procedures, or if no decision is reached within the time frames set out above for informal review procedures, the aggrieved may refer the matter to the Affirmative Action/Title IX officer by filing a copy of the grievance form (see Exhibit III) with that officer. The officer may confer with the aggrieved within five (5) working days of receipt of the grievance and render a decision. This decision shall be final unless it is appealed to the Superintendent for review within five days. Nothing contained in these procedures shall be construed to deny staff their rights under the law.
IDENTIFICATION OF PROBLEM AREAS
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A. |
Underutilization of Minorities in Major Job Classifications On the basis of Student Profile (see Exhibit I of the Affirmative Action Plan) and Work Force Analysis (see Exhibit II of the Affirmative Action Plan), we find: The following classifications were found to underutilize minorities:
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B. |
Underutilization of Females in Major Job Classifications The following classifications were found to underutilize females:
The district has exceeded the female employment goal:
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The district is aware that the current preponderance of female applicants and employees at the elementary level may have a disparate undesirable effect on students, and thus makes gender balance at this level a target for rectification.
GOALS AND TIMETABLES
It is the intent of the district to improve the diversity of its work force by extending efforts in recruiting applicants of underutilized classifications. The district will annually audit applicant flow records to identify the impact of its recruiting efforts.
The district will make a good faith effort to recruit, interview, and employ individuals consistent with the district commitment to nondiscrimination and affirmative action for all positions and in every department, every school, and at every level of operation, without using preferential employment practices.
A. Ethnic Minority Review
The profiles of the district's current student ethnic minority population and the district's current staff ethnic minorities (American Indian/Native American, Asian, Black and Hispanic) are set forth in Exhibit I and Exhibit II of the Affirmative Action Plan.
Minority Staff
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Classification |
Present Staff |
# on Staff |
% Minority |
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Admin, including Principal, Asst. Principals, Directors |
7.348 |
.348 |
4.8% |
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Classification |
Present Staff |
# on Staff |
% Minority |
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Certificated Staff |
107.017 |
1.108 |
1.1% |
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Classification |
Present Staff |
# on Staff |
% Minority |
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Classified Staff |
68.023 |
2.695 |
4.0% |
B. Female Review
Bearing in mind that an over-riding and essential goal of Affirmative Action is the equitable distribution of both genders throughout the work force, and further, that this has particular pertinence to the field of education, we will make every reasonable effort to obtain balance in those areas wherein one gender is currently over-represented, such as elementary teachers, clerical, and aides.
Female Staff
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Classification |
Present Staff |
# on Staff |
% Minority |
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Admin, including Principal, Asst. Principals, Directors |
7.348 |
3.0 |
40.9% |
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Classification |
Present Staff |
# on Staff |
% Minority |
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Certificated Staff |
107.017 |
67.949 |
63.5% |
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Classification |
Present Staff |
# on Staff |
% Minority |
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Classified Staff |
68.023 |
49.973 |
73.5% |
C. Disabled Review
Data on all disabled applicants and employees will be maintained as an integral part of the Affirmative Action plan. As required, reasonable accommodations in access and facilities will be made for qualified disabled applicants.
D. Aged Review
Age data on applicants and employees will be maintained integrally to this program.
COMPLIANCE WITH SEX DISCRIMINATION GUIDELINES
Our policies and procedures are in compliance with the OFCC Sex Discrimination Guidelines.
A. The district will promote and ensure equal employment to all persons employed or seeking employment without regard to gender.
B. Job Policies and Practices
C. Seniority System
Seniority lines and lists are not based upon gender.
D. Discriminatory Wages
E. Affirmative Action
PROGRAMS DESIGNED TO HELP ATTAIN ESTABLISHED GOALS
Personnel Procedures
The purpose of the following personnel practices is to ensure that the Deer Park School District Affirmative Action Program will be administered without regard to race, color, religion, gender, age, national origin, marital status, or mental, physical or sensory disability.
1. Recruitment
The Deer Park School District will ensure that all job opening announcements are in writing and contain a description of the position, responsibilities of the position, and qualifications for the position.
Job opening announcements will be sent to recruiting sources which may include, but are not limited to, the following:
2. Hiring
Deer Park has developed interviewing and selection procedures which will ensure that applicants will be evaluated on the basis of job requirements and qualifications--and without regard to race, color, religion, gender, age, national origin, marital status, or because of sensory, physical or mental disability.
3. Personnel Policy
The Affirmative Action Officer will develop new personnel policies as needed. The Affirmative Action Officer will ensure that they are being applied without regard to race, color, religion, gender, age, national origin, marital status, or because of a sensory, physical or mental disability.
4. Job Descriptions
Job descriptions have been developed for certificated and classified job positions. The Affirmative Action Officer, in cooperation with other district personnel, continually updates and reviews the job descriptions to ensure compliance with the district's Affirmative Action program.
5. Religion or National Origin
All recruitment sources will continue to be informed that discrimination based on religion or national origin is prohibited in the Deer Park School District.
REDUCTION IN FORCE
Reduction in force layoff and recall procedures will be complied with as defined in the applicable Collective Bargaining Agreements, and applied without regard to race, color, religion, gender, age, national origin, marital status, or because of a sensory, physical or mental disability.