Policies » Section A: Foundations & Basic Commitments » AC: Non-Discrimination, Equal Opportunity Employment and District Anti-Discrimination Policy

Policy Date: 01/14/2025

ASD File: AC

AUBURN SCHOOL DISTRICT
NON-DISCRIMINATION, EQUAL OPPORTUNITY EMPLOYMENT AND DISTRICT ANTI-DISCRIMINATION POLICY

The District does not discriminate and prohibits discrimination on the basis of age, sex, gender, gender identity, race, creed, color, religion, familial status, marital status, sexual orientation,  national or ethnic origin, economic status, or disability, or any other classes protected under federal or state law, for employment in, participation in, admission/access to, or operation and  administration of any educational program or activity in the School District.  The District will not discriminate against any student or employee who is a victim of domestic violence, harassment, sexual assault, or stalking.

The Superintendent or his/her designee will receive all inquiries, complaints, and other communications relative to this policy and the applicable laws and regulations concerned with non-discrimination.

This policy of non-discrimination is applicable to all persons employed or served by the District. Any complaints or alleged infractions of the policy, law or applicable regulations will be processed through the grievance procedure.  This policy implements PL 94-142, Section 504 of The Rehabilitation Act of 1973, Title II of The American with Disabilities Act, Title VI or VII of The Civil Rights Act of 1964, Title IX of The Education Amendments of 1972, and the laws of New Hampshire pertaining to non-discrimination, including RSA 354-A and RSA 193:38 – 193:40.

The Superintendent shall develop and provide to the Board for approval, a coordinated written District Anti-Discrimination Plan (the “Plan”) to include guidelines, protocols and procedures intended to prevent, assess the presence of, intervene in, and respond to incidents of discrimination.

Complaint and Reporting Procedures

Any person who believes that he or she has been discriminated against, harassed, or bullied in violation
of this policy by any student, employee, or other person under the supervision and control of the school
system, or any third person who knows or suspects conduct that may constitute discrimination,
harassment, or bullying, should contact the District Human Rights Officer, the SAU Human Resources
Director, or otherwise as provided in the policies referenced below under this same heading.

Any employee who has witnessed, or who has reliable information that another person may have been
subjected to discrimination, harassment, or bullying in violation of this policy has a duty to report such
conduct to his/her immediate supervisor, the District Human Rights Officer, the SAU Human Resources
Director, or as provided in one of the policies or administrative procedures referenced below under this
same heading. Additionally, employees who observe an incident of harassment or bullying are expected
to intervene to stop the conduct in situations where it is safe to do so. If an employee knows of an
incident involving discrimination, harassment, or bullying and the employee fails to report the conduct or
take proper action or knowingly provides false information in regard to the incident, the employee will
be subject to disciplinary action up to, and including, dismissal.

Investigations and resolution of any complaints shall be according to the policies listed below and related
administrative procedures or regulations. Complaints or reports regarding matters not covered in one or
the other of those policies should be made to the District Human Rights Officer, the SAU Human
Resources Director.

1. Reports or complaints of sexual harassment or sexual violence by employees or third
party contractors should be made under Board policy GBAA;

2. Reports or complaints of sexual harassment or sexual violence by students should be
made under Board policy JBAA;

3. Reports or complaints of discrimination on the basis of disability should be made under
Board policy ACE, except for complaints regarding facilities accessibility by disabled nonstudents or employees, which should be made under Board policy KED; and

4. Reports or complaints of bullying or other harassment of pupils should be made under
Board policy JICK.

Title IX

Inquiries about Title IX may be referred to the District’s Title IX Coordinator, the U.S. Department of
Education’s Office for Civil Rights, or both, whose contact information is below.

The District’s nondiscrimination policy and grievance procedures can be located at [include link to
location(s) on website or otherwise describe location(s)].

To report information about conduct that may constitute sex discrimination or make a complaint of sex
discrimination under Title IX, please refer to Policies GBAA and JBAA [include link to location(s) on website or otherwise describe location(s)].

Alternative Complaint Procedures and Legal Remedies

At any time, whether or not an individual files a complaint or report under this Policy, an individual may file a complaint with the Office for Civil Rights (“OCR”), of the United States Department of Education, or with the New Hampshire Commissioner for Human Rights.

1. Office for Civil Rights, U.S. Department of Education, 5 Post Office Square, 8th Floor, Boston, MA
02109-3921; Telephone number: (617) 289-0111; Fax number: (617) 289-0150; Email: OCR.Boston@ed.gov
Note: Complaints to OCR must be filed in writing no later than 180 days after the alleged act(s) of
discrimination. OCR may waive its 180 day time limit based on OCR policies and procedures.

2. New Hampshire Commission for Human Rights, 2 Industrial Park Drive, Concord, NH 03301;
Telephone number: (603) 271-2767; Email: humanrights@nh.gov

Notwithstanding any other remedy, any person may contact the police or pursue a criminal prosecution under state or federal criminal law.

Retaliation Prohibited

No reprisals or retaliation of any kind will be taken by the Board or by any District employee against the
complainant or other individual on account of his or her filing a complaint or report or participating in an
investigation of a complaint or report filed and decided pursuant to this policy, unless that person knew the complaint or report was false or knowingly provided false information.

The Superintendent shall ensure that District and or building personnel are assigned to the positions listed below:

Human Rights Officer — Human Resources Director
(90 Farmer Road, Hooksett, NH 03106 622-3731 x 4018)

Title IX Coordinator — Assistant Superintendent
(90 Farmer Road, Hooksett, NH 622-3731 x 4012)

504 Coordinator — Assistant Principal
(Auburn Village School 11 Eaton Hill Road, Auburn, NH 483-2769 x 1001)

This policy will be reviewed annually.

Legal References:
RSA 354-A:6 Opportunity for Employment without Discrimination a Civil Right
RSA 354-A:7 Unlawful Discriminatory Practices, The Age Discrimination in Employment Act of 196, Title VII of The Americans with Disabilities Act of 1990, Title VII of The Civil Rights Act of 1964 (15 or more employees), RSA 186:11, XXXIII, Discrimination, RSA 275:71, Prohibited Conduct by Employer, ED 306

Adopted: November 8, 1989
Revised: September 10, 1992, June 8, 1999, March 16, 2001, March 13, 2007, December 11, 2018, December 10, 2019, July 28, 2020
Reviewed: June 8, 2021, May 10, 2022, May 4, 2023
Revised: August 22, 2023
Reviewed: May 14, 2024, August 13, 2024, January 14, 2025