Procedure No.

5010P

Adoption Date:

July 11, 1984

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.

  1. The district will ensure that all applicants and staff are considered on the basis of bona fide job-related qualifications. The purpose of the Affirmative Action Plan is to include persons of underutilized classes in the employment process, not to exclude others from it. The district shall continue to emphasize in all recruitment contacts that nondiscrimination is a basic element in the district's personnel administration.
  2. The district office will be responsible for reviewing all employment procedures and programs to assure that there is no indication of discriminatory practices. The district will continue to use aged, disabled, ethnic minorities, and women in the recruitment and employment process.
  3. The district will contract and purchase all goods and services from persons, agencies, vendors, contractors, and organizations who represent that they comply with the appropriate laws and executive orders regarding discrimination.
  4. Appropriate action shall be taken too attract and retain aged, disabled, ethnic minorities, and women at all levels and in all segments of the district's work force. A continuing review of hiring criteria will be made to assure their relevancy to the task to be performed and the needs of the position. However, pursuant to state law there shall be no preferential employment practices based on race or gender.

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:

  1. Printing and distributing such information to all staff, school libraries and offices;
  2. Publicizing such information in district newsletters;
  3. Conducting meetings with administrative staff to explain the intent and advantages of this policy and plan;
  4. Conducting faculty meetings and meetings with classified staff;
  5. Informing appropriate and interested recruiting and hiring sources;
  6. Informing all representative staff groups in the district;
  7. The policy will be stated in employee and district policy handbooks.

 

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

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:

  • Elementary Classroom Teachers 0 %

B.

Underutilization of Females in Major Job Classifications

The following classifications were found to underutilize females:

  • Custodial 17.1 %
  • Transportation 35.3 %

The district has exceeded the female employment goal:

  • Elementary Classroom Teachers 82.8 %
  • Classified 97.1 %

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

Classification

Present Staff

# on Staff

% Minority

Admin, including Principal, Asst. Principals, Directors

7.348

.348

4.8%

Classification

Present Staff

# on Staff

% Minority

Certificated Staff

107.017

1.108

1.1%

Classification

Present Staff

# on Staff

% Minority

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

Classification

Present Staff

# on Staff

% Minority

Admin, including Principal, Asst. Principals, Directors

7.348

3.0

40.9%

Classification

Present Staff

# on Staff

% Minority

Certificated Staff

107.017

67.949

63.5%

Classification

Present Staff

# on Staff

% Minority

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.

  1. Both genders will be recruited for all jobs, unless gender is a bona fide occupational qualification for the job.
  2. Advertisement in newspapers and other media for employment will not express gender preference, unless gender is a bona fide occupational qualification for the job.

 

B. Job Policies and Practices

  1. Written personnel policies will indicate that there is no discrimination against employees on account of gender.
  2. Employees of both genders shall have an equal opportunity to any available job that she/he is qualified to perform, unless gender is a bona fide occupational qualification for the job.
  3. There is no distinction based upon gender in employment opportunities, wages, hours, or other conditions of employment.
  4. No distinction will be made between married and unmarried persons of either gender.
  5. Appropriate physical facilities are available for both genders.
  6. Females will not be denied any job that they are qualified to perform, in reliance upon a state "protective" law.
  7. Maternity leave of absence of salaried female employees will be in accordance with Title IX--Maternity Leave of Absence Personnel Policy and Practice.
  8. There are no differences for male or female employees in either mandatory or optional retirement when the employees are in the same work group.

 

C. Seniority System

Seniority lines and lists are not based upon gender.

 

D. Discriminatory Wages

  1. Wage schedules are not related to or based upon gender of employees.
  2. The district will not discriminate by restricting one gender to certain job classifications.

 

E. Affirmative Action

  1. The district shall take affirmative action to recruit women to apply for those jobs where they have been previously excluded, without using preferential employment practices.
  2. Distinction based on gender will not be made in any training programs offered by the school district.
  3. Job descriptions will include the statement: "The Deer Park School District No. 414, an equal opportunity employer, complies with all rules and does not discriminate on the basis of race, color, national origin, gender or disability. Women, racial and ethnic minorities, persons of disability, persons over 40 years of age, and disabled and Vietnam era and other veterans are encouraged to apply."

 

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:

  1. College and university placement offices
  2. College and university women and minority affairs offices
  3. Local media sources

 

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.