Nondiscrimination/Non-Harassment of Employees
The Board of Trustees is committed to the policy that no otherwise qualified employee 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, creed, color, sex, sexual orientation, national origin, ancestry, age, religion, marital status, disability, and genetic information*.
As part of this policy, CSDB is committed to maintaining a working environment for employees that is free from harassment based on an individual’s race, creed, color, sex, sexual orientation, national origin, ancestry, age, religion, marital status, disability, and genetic information, or protected activity (opposition to prohibited discrimination or participation in the statutory complaint process). All such harassment, by CSDB employees, students and third parties, is strictly prohibited. All members of the CSDB community, employees, and students are required to promptly report conduct that could be in violation of this policy.
In addition to the procedures outlined in the accompanying regulation, discrimination and harassment complaints may be filed with the U.S. Equal Employment Opportunity Commission; U.S. Department of Education, Office for Civil Rights; or Colorado Civil Rights Commission. Any complaint of harassment filed under CSDB’s policy shall be processed even if the complainant also files a complaint or suit with an outside agency such as the U.S. Equal Employment Opportunity Commission; U.S. Department of Education, Office for Civil Rights; or Colorado Civil Rights Commission. Retaliation against anyone who makes a complaint or participates in the complaint process shall not be tolerated.
CSDB shall: (1) respond to every complaint of discrimination or harassment reported; (2) take action in response when discrimination or harassment is discovered; (3) impose appropriate sanctions on offenders in a case-by-case manner; and (4) protect the privacy of all those involved in discrimination or harassment complaints to the extent practical and appropriate under the circumstances. The above actions will apply to the extent permitted by law or where personal safety is not an issue.
Harassment is defined as unwelcome verbal, written, or physical conduct based on race, creed, color, sex, sexual orientation, national origin, ancestry, age, religion, marital status, disability, and genetic information, or protected activity, that has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.
Harassment does not include verbal expressions or written material that is relevant and appropriately related to course subject matter or curriculum.
Harassment based on race or color can include unwelcome, hostile and offensive verbal, written, or physical conduct based on or directed at the characteristics of a person’s race or color, such as nicknames emphasizing stereotypes, racial slurs, and negative references to racial customs.
Harassment based on religion or creed can include unwelcome, hostile and offensive verbal, written, or physical conduct based on or directed at the characteristics of a person’s religion or creed, such as comments regarding surnames, religious tradition or religious clothing, as well as religious slurs and/or graffiti.
Harassment based on national origin or ancestry can include unwelcome, hostile and offensive verbal, written, or physical conduct based on or directed at the characteristics of a person’s national origin, such as comments regarding surnames, manner of speaking, customs, language or ethnic slurs.
Harassment based on disability can include unwelcome, hostile and offensive verbal, written, or physical conduct based on or directed at the characteristics of a person’s disabling condition, such as imitating manner of speech or movement; hostile or offensive acts; and/or interference with movement or access to necessary equipment.
Harassment based on sexual orientation can include unwelcome, hostile and offensive verbal, written or physical conduct based on or directed at a person’s sexual orientation, such as name-calling or imitating mannerisms.
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or educational experience;
2. Submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual; or
3. Such conduct is sufficiently severe and pervasive so as to alter the conditions of, or have the purpose or effect of substantially interfering with, an individual’s work by creating an intimidating, hostile, or offensive working or educational environment.
The definition of sexual harassment applies whether the harassment is between people of the same or different gender. Sexual harassment can include unwelcome verbal, written, or physical conduct, directed at or related to a person’s gender, such as sexual gossip or personal comments of a sexual nature, sexually suggestive or foul language, sexual jokes, whistling, spreading rumors or lies of a sexual nature about someone, demanding sexual favors, forcing sexual activity by threat of punishment or offer of educational or employment reward, obscene graffiti, display or sending of pornographic pictures or objects, offensive touching, pinching, grabbing, kissing, or hugging or restraining someone’s movement in a sexual way.
Any employee who believes that he or she may have experienced unlawful discrimination or harassment, or who believes that he or she has observed unlawful discrimination or harassment taking place, shall report this information immediately, as set forth in regulation GBAA-R.
No employee shall be subject to adverse employment action in retaliation for any good faith report of unlawful discrimination or harassment under this policy. To the extent possible, all reports shall be kept confidential.
*Nondiscrimination in relation to genetic information is applicable to employment only.
Issued: March 1993
Adopted and revised by Board of Trustees: February 28, 2006
Revised by Board of Trustees: January 10, 2008
Revised by Board of Trustees: January 12, 2012
Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.
Title IX of the Education Amendments Act of 1972, 20 U.S.C. 1681
Age Discrimination in Employment Act, 29 U.S.C. 621 et seq.
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794
Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d
Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq.
Americans with Disabilities Act, 42 U.S.C. 12101 et seq.
42 U.S.C. §2000ff (Genetic Information Nondiscrimination Act of 2008)
AC, Nondiscrimination/Equal Opportunity
ACE, Nondiscrimination on the Basis of Disability
GBA, Open Hiring/Equal Employment Opportunity
JBA, Nondiscrimination/Non-Harassment of Students
Colorado School for the Deaf and the Blind, Colorado Springs, Colorado