Section I. AA/EEO Policy Statement
It is the policy of the Madison Metropolitan School District (District) to implement affirmative action measures designed to eliminate present effects of past discrimination and to ensure equal employment opportunities for racial/ethnic minorities, women and persons with disabilities. The District recognizes the need to take affirmative steps to identify job groups that show the underutilization of racial/ethnic minorities and women. This involves setting reasonable employment goals and timetables for increasing the employment of women and minorities in job groups in which they are underutilized and developing a plan of action to enable the District to reach its employment goals.
The District also recognizes that affirmative action in an educational system should do more than provide equal employment opportunities. It is the policy of the Board of Education to ensure that each school or educational facility in the District has a pluralistic staff. The intent of this AA/EEO Plan is to ensure that employees and/or applicants for employment are provided equal opportunity. The AA/EEO policy covers all aspects of employment, including, but not limited to, recruitment, training, testing, interviewing, hiring, career development, transfer, promotion, termination, layoff, recall from layoff, compensation and employee benefits.
The Superintendent assumes overall responsibility for the implementation of the District’s Affirmative Action Plan. The Superintendent has delegated primary responsibility for the administration of the AA/EEO Plan to the Affirmative Action Officer.
All District employment policies, practices, and procedures will be examined periodically to ensure they are nondiscriminatory. These policies, practices and procedures are to be implemented by all administrative personnel, directors, personnel officers and anyone else who has responsibility for personnel functions. The full cooperation, support and good faith efforts of the entire District staff are essential to the success of the affirmative action plan. Equal employment opportunity and affirmative action are the responsibility of the entire District’s workforce.
Hiring minorities and women is one of the most important ways to measure the success of an affirmative action plan. Therefore, the District's progress toward the full realization of equal employment opportunity for all employees will be monitored and reported to the Superintendent of Schools on a quarterly basis by the Affirmative Action Officer. The quarterly report shall include a workforce analysis of all employees by race and sex. The Superintendent of Schools will provide a workforce analysis report annually to the Board of Education.
An advisory committee composed of citizens of the community will assist in the evaluation of the AA/EEO Plan. The Affirmative Action Advisory Committee will meet as needed and make recommendations to the Superintendent.
Section II. Nondiscrimination Policy
A. Policy-Prohibition Against Discrimination
1. With respect to employment and personnel operations, the District does not discriminate based on religion, race, color, national origin, ancestry, age, sex, physical appearance, marital status, handicap, disability, arrest or conviction record, political belief, sexual orientation, gender identity, gender expression, less than honorable discharge, source of income, association with a person with a disability or the fact that an individual is a student. Employees shall function in a harassment-free work environment and enjoy working conditions free from physical, verbal or psychological harassment. (Title VII of the Civil Rights Act of 1964; Americans with Disability Act {ADA} of 1990; S111.36 Wis. Stat.; Mad. Ord. 3.23).
2. With respect to educational programs, no person shall be denied admission to any District school, or be denied participation in, be denied the benefits of, or be discriminated against in any curricular, extracurricular, pupil services, recreational or other program or activity because of the person’s sex, race, national origin, religion, ancestry, creed, pregnancy, marital or parental status, sexual orientation, gender identity, gender expression or disability including his/her physical, mental, emotional or learning disability (§118.13 Wis. Stat.).
[NOTE: The City of Madison defines gender expression in Madison City Ordinance Sec. 3.23 (2) (t) as follows:
Gender Identity is the actual or perceived condition, status or acts of 1) identifying emotionally or psychologically with the sex other than one’s biological or legal sex at birth, whether or not there has been a physical change of the organs of sex; 2) presenting and/or holding oneself out to the public as a member of the biological sex that was not one’s biological or legal sex at birth;
This means that gender identity refers to an individual’s fundamental sense of themselves as being male or female, masculine or feminine. Gender identity does not always correspond to biological sex.
The City of Madison’s Ordinance Sec. 3.23 (2) (t) continues its definition of gender identity with an explanation of what is referred to as gender expression.
3) lawfully displaying physical characteristics and/or behavioral characteristics and/or expressions which are widely perceived as being more appropriate to the biological or legal sex that was not one’s biological or legal sex at birth, as when a male is perceived as feminine or a female is perceived as masculine; and/or 4) being physically and/or behaviorally androgynous.
This means that gender expression refers to the things like clothing and behavior that manifest a person’s fundamental sense of themselves as masculine or feminine, and male or female. This can include but not be limited to dress, posture, hairstyle, jewelry, and vocal inflection.
This policy also prohibits discrimination under related federal statutes, including Title VI of the Civil Rights Act of 1964 http://www.eeoc.gov (race and national origin), Title IX of the Education Amendments of 1972 http://www.eeoc.gov (sex), and Section 504 of the Rehabilitation Act of 1973 (disability) http://www.dol.gov/oasam.
3. Board Policy Statement III.A.2 expressly prohibits discrimination against students. Such policy statement of non-discrimination with regard to students includes, but is not limited to, the following areas:
a. Admission or enrollments into any school, class, courses, program or activity. [This does not prohibit placing a pupil in a school, class, program, or activity based upon objective standards of individual performance or need.]
b. Interactions in the classroom, counseling, as well as with other support staff.
c. Standards and rules of behavior include pupil harassment.
d. Disciplinary actions, including suspensions and expulsions.
e. Acceptance and administration of gifts, bequests, scholarships and other aids, benefits, awards or services to pupils from private agencies, organizations or persons.
f. Instructional and library media materials selection.
g. Methods, practices and materials, attitudes and interpretations used for testing, assessment, evaluating and counseling pupils. (This does not prohibit the use of special testing or counseling materials or techniques to meet the individual needs of pupils.)
h. Facilities.
i. Opportunity for participation in athletic programs or activities.
j. School sponsored food service programs.
k. Graduation requirements.
Section III. Harassment Policy
A. Policy
1. The District is committed to the provision of a professional, harassment-free environment for employees, job applicants, students of the District, and to all persons who seek or receive services from the District or its contractors. The Board considers all forms of harassment, including hazing, to be unacceptable behavior because it undermines productivity in the work and academic environments, degrades, intimidates, isolates and is discriminatory. Harassment infringes upon the rights of all and creates a hostile environment for learning and working.
To ensure that all employees and students work and study in an environment free of all forms of harassment, the Board expressly prohibits harassment based on race, creed, color, sex, national origin, marital status, disabilities, handicap, religion, age, ancestry, sexual orientation, arrest/conviction record, source of income, association with a person with a disability, physical appearance, student status, political beliefs, less than honorable discharge, gender identity and gender expression and will take all the necessary steps to prevent such harassment from occurring. Any employee or student who engages in harassment will be disciplined by the appropriate authorities. Harassment is defined in Section XI of this Plan.
[NOTE: The City of Madison defines gender expression in Madison City Ordinance Sec. 3.23 (2) (t) as follows:
Gender Identity is the actual or perceived condition, status or acts of 1) identifying emotionally or psychologically with the sex other than one’s biological or legal sex at birth, whether or not there has been a physical change of the organs of sex; 2) presenting and/or holding oneself out to the public as a member of the biological sex that was not one’s biological or legal sex at birth;
This means that gender identity refers to an individual’s fundamental sense of themselves as being male or female, masculine or feminine. Gender identity does not always correspond to biological sex.
The City of Madison’s Ordinance Sec. 3.23 (2)(t) continues its definition of gender identity with an explanation of what is referred to as gender expression.
3) lawfully displaying physical characteristics and/or behavioral characteristics and/or expressions which are widely perceived as being more appropriate to the biological or legal sex that was not one’s biological or legal sex at birth, as when a male is perceived as feminine or a female is perceived as masculine; and/or 4) being physically and/or behaviorally androgynous.
Harassment is defined as: Unwanted, deliberate or repeated unsolicited comments (oral or written), gestures, graphic material, physical contacts, verbal/nonverbal or physical conduct directed to an individual because of his/her membership in a protected class constitute harassment when this conduct:
1) Has the purpose or effect of creating an intimidating, hostile or offensive working or educational environment; or
2) Has the purpose or effect of unreasonably or substantially interfering with an individual’s work or student’s performance in school, including his/her performance in curricular, extracurricular, and nonacademic activities; or
3) Otherwise adversely affects an individual’s employment or a student’s opportunities in curriculum, extracurricular, and nonacademic activities; or
4) Submission to the conduct is made either explicitly or implicitly, a term or condition of an individual’s employment; or a student’s opportunity to obtain an education; or
5) Submission to or rejection of the conduct by an individual is used as the basis for employment decisions affecting the individual or as a factor in decisions affecting the student’s education; or
6) Is sufficiently severe, persistent or pervasive that it adversely affects (1) a student’s ability to participate in or benefit from an educational program or activity or (2) an individual’s ability to work.
- Examples of harassment may include but not limited to:
a. Unwanted physical contact including touching, pinching and/or brushing the body.
b. Indecent exposure, including lewd and lascivious behaviors.
c. Persistent requests for social/sexual encounters and favors.
d. Making inappropriate statements or jokes about students or staff because of their gender, disability, sexual preference or religion.
e. Basing a personnel decision on an individual providing sexual favors, or an individual’s ancestry, age, political beliefs, sexual orientation, physical appearance, gender, race, religion or other protected classification as set forth above.
f. Displaying graphic, sexually explicit objects, posters or pictures that show adolescents, women, and racial minorities, people who have disabilities or students in a degrading or humiliating manner.
g. Obscene gestures, nonverbal suggestive behavior (leering) or insulting sounds (whistling).
3. Any person who believes that he/she has been harassed may file a complaint with the Affirmative Action Officer of the District in accordance with the complaint procedure outlined in Section IV of this AA/EEO Plan.
4. Notification procedures of the Board's policy against illegal harassment are set forth in Section V of this Plan.
Section IV. Discrimination Complaint Procedures
A. Procedures for Resolution of Complaints
1. Applicability
a. Anyone, including an employee, applicant for employment, student, parent or resident of the District, etc., who believes he/she has been discriminated against may file a complaint.
b. Prior to the time a complaint has been filed, the Title IX/Affirmative Action Coordinator may meet with the person who believes he/she has been discriminated against. The purpose of such a meeting is to (1) explain this policy and procedure and (2) provide information that is in the District's possession that the person is legally entitled to receive.
2. Filing of Complaint
a. The complainant shall sign a written
complaint ![[PDF File]](/img/pdf-sm.gif)
and file with the Title IX/Affirmative Action Coordinator (1) within 300 days
after the alleged act(s) occurred or (2) within 300 days of the last occurrence
of an ongoing condition. The Title IX/Affirmative Action Coordinator is
located at the District’s Administration Office, 545 W. Dayton Street, Room
221, Madison WI 53703-1995 (Telephone: 663-1530 (V) or 663-5232 (TTY).
b. A complaint shall be deemed filed on the date received if delivered, or on the date postmarked if addressed by mail.
c. The Title IX/Affirmative Action Coordinator shall send to the complainant a written acknowledgment of the receipt of the complaint as soon as is practicable, but within ten (10) working days.
d. The Title IX/Affirmative Action Coordinator shall establish a complaint file. The file shall contain documents pertinent to the complaint. The file should include but is not limited to: (1) the complaint, (2) documents compiled as part of the investigation and (3) a statement of resolution. Files should be maintained confidentially for at least six years.
e. The Title IX/Affirmative Action Coordinator will give or send every complainant a copy of a prepared statement outlining the complainant’s rights and options under applicable local, state and federal anti-discrimination laws. The statement will include information about how to access administrative agencies that enforce non-discrimination laws (i.e. Equal Opportunity Commission (EOC) http://www.ci.madison.wi.us , Department of Workforce Development (DWD) http://www.dwd.state.wi.us, Division of Equal Rights Office for Civil Right, Region V (OCR) http://www.ed.gov , and Equal Employment Opportunity Commission (EEOC) http://www.eeoc.gov , etc). This information is intended to assist the complainant and is not all-inclusive. The statement will advise the complainant to seek assistance in determining any of his/her rights by contacting the enforcement agencies or his/her lawyer.
3. Confidentiality and Recrimination
a. It is the policy of the District to keep the identity of the complainant confidential unless there are compelling reasons to disclose such identity. If there are compelling reasons to disclose the identity of the complainant, then the complainant shall be asked if he/she wants his/her identity disclosed. If the complainant does not want his/her identity disclosed, then the identity of the complainant shall be kept confidential. Should the complainant wish to keep his/her identity confidential, and should it become impossible to process or investigate the complaint as a result of the complainant not disclosing his/her identity, then the complaint may be dismissed.
b. No District employee shall attempt to restrain, interfere with, coerce, discriminate, or take reprised action against the complainant(s) and their witnesses during or after the presentation, processing and resolution of a complaint.
4. Informal Complaint Resolution
a. The District shall provide an opportunity for a resolution of the complaint on an informal basis after the complaint has been filed.
b. For the informal resolution of a complaint, the Title IX/Affirmative Action Coordinator shall act as a facilitator if the complainant wishes to resolve the matter short of a full investigation. The District shall request the person who is alleged to be discriminating to seek a solution of the matter on an informal basis, and to respond to the complainant within 20 working days.
c. If the alleged discriminating employee chooses not to respond to the request for an informal complaint resolution, then a formal investigation will be conducted unless otherwise agreed to by the complainant and the Title IX/Affirmative Action Coordinator.
d. If the complainant is satisfied with the response to the request for an informal complaint resolution and an informal resolution of the complaint is arrived at, the terms of such resolution shall be reduced to writing and made a part of the complaint file. If the complainant is not satisfied with the response, then the Title IX/Affirmative Action Coordinator shall proceed with the investigation.
5. Investigation
a. The District shall provide a prompt, complete, independent and impartial investigation of the complaint. In most cases, the Title IX/Affirmative Action Coordinator will conduct the investigation. In some cases, the investigation may be conducted by an investigative team or outside consultant. The investigative team may consist of the Title IX/Affirmative Action Coordinator, the Affirmative Action Officer, the Title IX Officer, the Director of Labor Relations and the Legal Counsel. In all cases, the investigation shall be conducted in conjunction with the District’s Legal Counsel and/or the Director of Labor Relations.
b. The investigation shall include a thorough review of the circumstances under which the alleged discrimination occurred and any policies and practices related to the situation. The investigation may include the review of various documents and information acquired during the investigation, which may include, but not be limited to, the response of the alleged discriminating employee, written or oral statements from witnesses, copies of or extracts from records, policy statements, on site visits or regulations of the District.
6. Determination and Appeal
a. After the investigation has been completed, the investigator shall inform the Superintendent or Superintendent's designee of his/her determination of the complaint. The Superintendent or Superintendent's designee shall inform the Title IX/Affirmative Action Coordinator of the District's position on such determination of the complaint and the Superintendent or the Superintendent's designee shall communicate in writing such determination of the complaint to the complainant and respondent(s) within ninety (90) days from the time the complaint is filed unless an extension is agreed to by both parties.
b. After the complainant receives the Superintendent or Superintendent's designee written determination of the District's position, the complainant and/or respondent may request a reconsideration of the District's position. The reconsideration request must be filed within twenty (20) working days after receipt of the determination. The written request for reconsideration must contain a statement as to why the complainant and/or respondent is not satisfied with the decision. The Superintendent or Superintendent's designee will send the complainant and/or respondent a written acknowledgment within twenty (20) days after the Superintendent receives the reconsideration request.
c. In those cases in which the complainant and/or respondent is not satisfied with the District’s position and requests a reconsideration of said decision, the District will provide the complainant and/or respondent with a copy of the investigative report. In instances in which the investigative report contains personal or confidential subject matter, the District may refuse to make available the investigative report, but will provide a synopsis of the report excluding personal or confidential materials.
d. If the complaint was filed pursuant to Wis. Statute S118.13, the Superintendent or Superintendent's designee will include in his/her letter to the complainant the fact that the complainant has a right to appeal its decision to the State Superintendent of Public Instruction. The complainant has thirty (30) days from the time he/she receives the Superintendent or Superintendent's designee's decision to appeal to the State Superintendent of Public Instruction.
Section V. Dissemination of the AA/EEO Plan, the Affirmative Action Policy
Statement, the Nondiscrimination Policy Statement and The
Discrimination Complaint Procedure
A. Dissemination of the AA/EEO Plan and the Affirmative Action Policy Statement
1. The District will include the phrase "an equal employment opportunity/affirmative action employer" in all job announcements.
2. The AA/EEO Policy Statement will be posted on personnel and other relevant bulletin boards in all locations for informational purposes.
3. The Labor Relations Department in conjunction with the Affirmative Action Office will coordinate employee orientation and management/supervisory-training programs at the District level that will include a discussion of the AA/EEO Plan and Affirmative Action Policy Statement, as well as information regarding employees who have responsibilities for the implementation of the AA/EEO Plan.
4. The District will include appropriate language in contracts and grants regarding equal opportunity in employment.
5. The Superintendent will discuss with his Management Team the Superintendent's commitment to equal employment opportunity and affirmative action, the intent of the Affirmative Action Policy Statement and his/her responsibility for the effective implementation of the AA/EEO Plan.
6. Principals will discuss with their management staff the Superintendent's and their commitment to equal employment opportunity and affirmative action, the intent of the Affirmative Action Policy Statement and their responsibility for the effective implementation of the AA/EEO Plan.
7. The District will include articles in school newsletters covering equal employment opportunity and affirmative action programs, progress made in the District’s Affirmative Action program, and promotions or other achievements of employees who are racial/ethnic minorities, women and persons with disabilities.
8. The District will communicate the existence of its equal employment opportunity and affirmative action programs in the policy and procedure manual. Employees will be advised of the program and how information can be obtained about such programs.
9. Copies of the AA/EEO Plan will be available at the following places:
- Madison Public Library
- All MMSD departments and schools
- District's Affirmative Action Office
- District Web Site
- District Wide Intranet (DWW)
B. Dissemination of the Nondiscrimination Policy and Complaint Procedure
Notices shall be given annually of the District's Nondiscrimination Policy and Complaint Procedure to students, parents, employees, applicants seeking employment, unions and professional organizations that have agreements with the District, and the community.
1. Notification-Nondiscrimination Policy
The following people have annual responsibility in the notification process:
a. Each principal will include the District’s Nondiscrimination Policy in the first issue of the school newsletter.
b. The Administrator who is responsible for disseminating public information will provide public notice of the District's Nondiscrimination Policy.
c. The Director of Human Resources will notify all persons seeking employment by posting the Nondiscrimination Policy and including a statement of "Equal Opportunity Employer" on job applications.
d. The Assistant Superintendent for Business Services will notify vendors seeking to do business with the District of the District’s Nondiscrimination Policy.
e. The Director of Labor Relations will notify all unions and professional organizations that have agreements with the District of the District’s Nondiscrimination Policy.
f. All persons who publish major publications will include the following statement of nondiscrimination on the title or cover page of each publication:
The Madison Metropolitan School District does not discriminate in its educational programs, related activities (including School – Community Recreation) and employment practices as applicable to local, state and federal laws.
g. The Title IX and the Affirmative Action Officers will distribute to employees pamphlets which provide a notification of the District’s Nondiscrimination Policy, as well as information about Affirmative Action and sexual harassment.
h. The Title IX Officer will make available the District’s Nondiscrimination Policy, as well as material which provides information about Title IX and Wisconsin Statute § 118.13.
2. Notification of the Complaint Procedure
The following people have annual responsibility in the notification process:
a. The Title IX/Affirmative Action Coordinator will post information about the Complaint Procedure in all administrative departments and schools. Notices that are made available to the public shall be in alternate formats. The Affirmative Action Officer will make available a telephone number that shall be TTY accessible.
b. Each principal will annually include information about the Complaint Procedure along with the District’s Nondiscrimination Policy statement in the first issue of the school newsletter and in the student and staff handbooks, course selection handbooks and other published materials distributed to the public describing school activities and opportunities.
c. The Administrator responsible for disseminating public information for the District will annually provide public notice of the Complaint Procedure, including the name, address and telephone number of the Title IX/Affirmative Action Coordinator with whom anyone can file a complaint of discrimination. The notice shall be a Class I Legal notice under Chapter 985, Wis. Stat.
Section VI. Responsibility and Accountability
A. The Superintendent
The Superintendent of Schools is ultimately responsible and accountable to the Board for the AA/EEO Plan and its implementation. The Superintendent or his/her designee is responsible for providing information to governmental agencies that are empowered to audit and review the Affirmative Action Program of the District.
In order to implement this program, the Superintendent shall:
1. Appoint an Affirmative Action Officer to develop and supervise the day-to-day administration of the AA/EEO Plan.
2. Present an AA/EEO Plan to the Board of Education for its adoption;
3. Receive a quarterly workforce analysis report from the Affirmative Action Officer and make an annual workforce analysis report, including any recommendations, to the Board of Education;
4. Provide administrative guidance and direction necessary to implement the AA/EEO Plan;
5. Assign responsibility to appropriate staff to facilitate the implementation of the AA/EEO Plan;
6. Evaluate Executive Managers' management performance agreements to determine whether they have achieved Affirmative Action Performance Objective(s);
7. Meet as necessary with appropriate advisory committees to get advice and recommendations regarding affirmative action.
B. The Affirmative Action Officer
The Affirmative Action Officer is accountable to the Superintendent and is responsible for facilitating and coordinating the implementation of the AA/EEO Plan. The Affirmative Action Officer reports directly to the District’s Chief Legal Counsel for the day-to-day implementation of the AA/EEO Plan.
1. Reporting
The Affirmative Action Officer is responsible for the implementation of the auditing and reporting system which:
a. Maintains and monitors accurate and up-to-date records of all applicants, referrals, hires, promotions, transfers and terminations by race, sex and disability to ensure that all employees are treated in a nondiscriminatory fashion;
b. Reviews job postings, and all selection, promotion and training procedures to ensure that they are nondiscriminatory and available in an accessible format;
c. Informs on a regular basis, the Superintendent of the effectiveness of the AA/EEO Plan and makes recommendations for improvements, if necessary; and
d. Provides a quarterly report which includes a workforce analysis that shows the number of minorities and women employees in each of six (6) major job groups in the District.
2. Planning
a. The Affirmative Action Officer will meet regularly with supervisory personnel to plan strategies to accomplish the District's affirmative action goals.
b. The Affirmative Action Officer will annually plan for and prepare an availability and utilization analysis by which the District can identify areas of underutilization of women and minorities.
3. Auditing
a. The Affirmative Action Officer will periodically audit applicant flow data to measure the extent to which minorities and women are applying for jobs in the District and whether they are appropriately progressing through the District’s hiring procedure.
b. The Affirmative Action Officer will periodically audit all applicant pools, candidate pools, screening and selection procedures to ensure minorities and women are represented in a way that is consistent with their availability in the relevant labor market area(s).
c. The Affirmative Action Officer may conduct other internal audits as required to determine:
-the effectiveness of the AA/EEO Plan,
-the degree to which the District’s goals and objectives have been achieved, and,
-the need for a plan of action.
4. Liaison
a. The Affirmative Action Officer acts as a liaison between the District, community organizations and other interest groups relative to affirmative action issues.
b. The Affirmative Action Officer serves as a liaison with governmental compliance agencies.
c. The Affirmative Action Officer will serve as staff to the Affirmative Action Advisory Committee, provide current information to the Committee on the progress of affirmative action in the District, and discuss matters of concern the Committee may raise.
5. Providing Technical Assistance
a. The Affirmative Action Officer will provide technical assistance specifically to the Department of Human Resources and other organizational units within the District with respect to Affirmative Action issues.
b. The Affirmative Action Officer will keep managers informed of the latest developments with regard to equal employment opportunity. The Affirmative Action Officer will conduct regular discussions with all managers, supervisors and employees to ensure that District policy and affirmative action program objectives are being achieved.
c. The Affirmative Action Officer will identify problems and assist management in arriving at solutions to such problems.
d. The Affirmative Action Officer, will work with the District’s Recruiter to develop an action plan when there is a job group in which minorities and women are underrepresented based upon a comparison of their availability in the relevant labor market area(s) and their current utilization in a District job group.
6. Complaint Resolution
a. The Title IX/Affirmative Action Coordinator:
(1) Provide technical assistance to supervisors in resolving complaints/inquiries at the building level.
(2) Serve as intake for all formal and informal discrimination complaints.
(3) Provide for a prompt, complete and independent investigation of discrimination complaints.
(4) Inform the Superintendent or Superintendent's designee of his/her determination of the complaint.
(5) File with the State Superintendent of Public Instruction the annual compliance report including the name of the employee designated to receive complaints along with the number of complaints received during the year and a description of the complaints and their status relative to pupil nondiscrimination.
(6) File with the Superintendent and the Affirmative Action Advisory Committee an annual report on the type/status of all discrimination complaints.
C. The Superintendent's Management Team
It shall be the responsibility of the Superintendent's Management Team to support the implementation of the AA/EEO Plan by providing advice to the Superintendent and the Affirmative Action Officer.
When necessary, the Team shall:
1. Identify and solve problems regarding affirmative action issues,
2. Review and respond to reports prepared by the Affirmative Action Officer,
3. Respond to problems associated with the implementation of the AA/EEO Plan and assist in developing resolutions to such problems,
4. Accept as a team or as individuals, the responsibility for taking specific action for the purpose of resolving problems, and
5. Maintain management performance agreements that define action to support the District's affirmative action goals as described in the AA/EEO Plan.
D. Directors, Principals and Supervisors Empowered to Hire and Dismiss
Equal Employment Opportunity is a District priority. All administrative staff will demonstrate a good faith effort in regard to the implementation of the AA/EEO Plan. At the end of the fiscal year, each manager with hiring authority will be evaluated in part on his/her affirmative action performance by his/her immediate supervisor.
1. Coordinators, Directors, Principals, and Supervisors shall:
a. Review the District's Employment Policies and Procedures.
b. Establish and maintain contact with the Affirmative Action Officer to discuss potential problems.
SECTION VII. Employment Procedures
A. Employment Procedures
1. The Director of Human Resources or his/her designee shall contact the Affirmative Action Officer at the beginning of the recruitment process to secure technical assistance in the recruitment of minorities and women.
2. The Human Resources Department shall keep records of each step in the employment process in order to provide information for a review by the Affirmative Action Officer. The information requested under this AA/EEO Plan shall be provided in a prompt manner.
3. The Human Resources Department shall submit to the Affirmative Action Officer for review and approval, a copy of the Position Description/Vacancy Notice before the Human Resources Department recruits applicants for a position.
4. The Affirmative Action Officer may review the entire employment process and make recommendations to the Superintendent including recommendations that will increase the number of minority and women applicants for jobs in the job groups in which minorities or women are underrepresented.
5. The Human Resources Department shall review the applications for positions to determine whether they are representative of women and minorities who are available in the relevant labor market area(s). If a review of the applications does not reflect such availability the department will extend the posting period and broaden its recruitment efforts unless the Affirmative Action Officer indicates that a good faith effort has already been made.
6. The Human Resources Department shall review the candidates in any Candidate Pool to determine whether they are representative of minorities and women who are available in the relevant labor market area(s). If a review of the candidates in the Candidate Pool does not reflect such availability, the department will extend the posting period and broaden its recruitment efforts unless the Affirmative Action Officer indicates that a good faith effort has already been made.
7. Only job related criteria should be used in screening applicants.
8. Interview Process by Committee
a. If a Search/Screening committee is impaneled, it should include an appropriate representation of target group members. A list of potential committee members shall be given to the Affirmative Action Officer for approval prior to the committee commencing any work. The Affirmative Action Officer shall review the committee for balance with respect to race and sex.
b. If a committee is impaneled, the Human Resources Department shall inform committee members of their responsibilities, the procedures and timetable to be followed, the District’s Affirmative Action employment goals, the members’ right to select their own committee chairperson, and give committee members’ appropriate written materials including the list of desired and required qualifications. After the Human Resources Department has provided an orientation to each candidate selected to be interviewed, the committee will interview the candidates, asking the same job related questions in the same order of each candidate. Any committee member may ask follow-up questions of a candidate.
c. Based on an evaluation of the interview, credentials, and writing sample, if required, each committee member will rate each candidate and, based on such rating, the committee may refer a number of candidates for a final interview.
d. The chairperson will notify the Human Resources Department which candidates are to be referred for a final interview.
9. The Final Choice
a. The Human Resources Department shall provide all supervisors with information regarding the District's AA/EEO Plan; including special instructions on the purpose of the AA/EEO Plan and if minorities or women are underrepresented in a job in a job group for which the supervisor is interviewing prospective employees.
These instructions are meant to inform managers when there is an opportunity to make an affirmative hire.
b. The Supervisor shall review the credentials and interview each candidate that is referred.
c. During the interview, the supervisor shall ask the same job related questions of all the candidates.
d. Based on an evaluation of the interview, credentials, and writing sample (if appropriate), the most qualified candidate shall be hired.
e. All offers of employment are contingent on the completion of a successful health/ physical examination, criminal background check and approval by the Board of Education.
B. Training Programs
1. The District's training programs, whether formal or informal, shall be administered without discrimination on the basis of religion, race, color, national origin, ancestry, age, sex, physical appearance, marital status, disability, arrest or conviction record, handicap, political belief, sexual orientation, gender identity, gender expression, less than honorable discharge, source of income, the association with a person with a disability or the fact that an individual is a student.
Section VIII. Reasonable Accommodation for Persons with Disabilities
A. Purpose and Policy
State federal and local laws prohibit discrimination against job applicants and employees with disabilities. In order to ensure equal access to all terms, conditions and privileges of employment, the District will provide reasonable accommodations for qualified persons with disabilities.
The Nondiscrimination Policy in the AA/EEO Plan represents a reaffirmation of the District policy to provide equal access and equal employment opportunity to all qualified individuals who have disabilities.
B. Applicability of the Affirmative Action Program
Each applicant for employment is invited to voluntarily identify himself or herself as an individual with a disability.
C. Dissemination
Internal and external notification procedures of the Board’s Nondiscrimination Policy are set forth in Section V of the AA/EEO Plan.
D. Filing a Complaint
Any person who believes he/she has been discriminated against based on his/her disability may file a complaint with the Title IX/Affirmative Action Coordinator in accordance with the complaint procedures outlined in Section VIII of this AA/EEO Plan.
The complaint process will be made available in accessible format, if requested and assistance may be obtained from the Affirmative Action Office in filing a complaint.
SECTION IX. Internal Audit and Reporting System
A. The Human Resources Department may maintain and monitor accurate and up-to-date records on all applicants for employment, referrals, hires, promotions, transfers and terminations by race, sex and disability.
Upon request by the Affirmative Action Officer, the Human Resources and Technical Services Departments shall compile the Affirmative Action Survey and report its finding to the Affirmative Action Officer. If requested by the Affirmative Action Officer, the following, includes but does not represent a limitation on the information that shall be made available to the Affirmative Action Officer for his/her inspection if such information is available:
1. Survey of current employees by race, sex, disability, job classification, salary or wage level,
2. Applicant flow data at each step of the selection process for new hires, promotions, transfers, by race, sex and disability,
3. Referrals for employment from external sources, by race, sex and disability,
4. Terminations, by race, sex and disability,
5. Exit-interview information, by race, sex and disability,
- Disciplinary actions other than termination by race, sex and disability.
Section X. Compliance with Guidelines on Discrimination Because of Religion, National Origin or Gender
A. The District specifically states in its Nondiscrimination Policy a prohibition against discrimination with respect to religion and national origin.
1. To ensure nondiscrimination based on religion or national origin. The following measures have been instituted.
a. The District provides notices to the school and outside communities its obligation to not discriminate and to provide equal employment opportunity without regard to a person’s religion or national origin.
b. The District accommodates the religious observances and practices of employees or prospective employees. The extent of the District's obligation to make accommodations may be determined by, among other things, considering business necessity, costs and expenses, the collective bargaining agreements, and applicable laws and regulations.
c. All employment advertisements include the statement that the District is an "Equal Employment Opportunity Employer."
B. The District specifically states in its nondiscrimination policy a prohibition against discrimination with respect to gender.
- To ensure that the District does not discriminate on the basis of gender, the following measures have been instituted:
a. The District actively recruits both men and women for all jobs. Referral sources are informed that the District has no specific set preference and seeks only qualified applicants without regard to gender.
b. All employment advertisements include the statement that the District is an "Equal Employment Opportunity Employer."
c. The District has made efforts to ensure that all employees regardless of their gender have as equal opportunity for any job for which they are qualified. Gender is not considered a bona fide occupational qualification for any job within the District.
C. Anyone who feels that he/she has been discriminated against based on religion, national origin and/or gender may file a complaint in accordance with the complaint procedure outlined in Section IV of this Plan.
Section XI. Questions and Answers
Q: What is Equal Employment Opportunity/Affirmative Action?
A: Equal Employment Opportunity means that all individuals must receive equal treatment in all employment activities (e.g., hiring, training, or promotion). Each person is to be evaluated on his or her ability to do the job, and must not be subjected to discrimination.
The District's Affirmative Action Plan outlines additional efforts that will be made to increase employment opportunities for women and members of racial/ethnic groups for the purpose of eliminating underutilization in certain job groups.
There are laws that promote equal opportunities by prohibiting discrimination. Some of those laws are Executive Order 11246 (as amended by 11375) and Section 503 of the Rehabilitation Act of 1973. In addition to the above, a number of federal statutes prohibit discrimination, including Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1967, and the Americans with Disabilities Act of 1990 (ADA). Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. The MMSD Board of Education Policy also prohibits discrimination.
Q: What groups are protected from discrimination?
A: There are a number of groups that are included in the protected category. Some examples of the protected classes include, but are not limited to:
· Race
· Gender
· Creed
· Age
· Handicap
· Sexual orientation
· Arrest or conviction record
· Marital status
· Student’s status
· Gender identity
· Gender expression
· Religion
· Physical appearance
· Ancestry
· Less than honorable discharge
· National origin
· Political beliefs
· Disability
· Source of income
· Color
Q: What is the role of the Office of Affirmative Action?
A: The major responsibilities of the Office of Affirmative Action are to implement the District’s AA/EEO Plan and to educate the District community about affirmative action and equal employment laws.
The Affirmative Action Officer:
· Ensures that MMSD employment policies and programs comply with relevant regulations and guidelines. The regulations and guidelines include those of the Office of Federal Contract Compliance Programs (OFCCP) http://www.dol.gov, Equal Employment Opportunity Commission (EEOC), http://www.eeoc.gov, the Department of Education's Office for Civil Rights (OCR) http://www.ed.gov , and the Wisconsin Fair Employment Law among others.
· Participates in developing District policy pertaining to equal employment opportunity and affirmative action.
· Designs and implements auditing and reporting systems to measure the effectiveness of the AA/EEO Plan.
· Identifies areas of discrimination or inequity and recommends the appropriate corrective action.
· Develop action-plans to attain established goals and objectives.
Q: What can I do if I feel that I have been discriminated against?
A: All persons including employees, students and those doing business with the District may obtain information regarding their rights and proper procedures for the resolution of their problems by contacting the Office of Affirmative Action at 663-1530 or e-mail acanderson@madison.k12.wi.us. If you believe you have experienced discrimination, including harassment of any type or hazing, you may file a complaint with the Title IX/Affirmative Action Coordinator. Inquiries, informal resolutions, and formal complaints may be handled confidentially. You may also file a complaint with the local, state or federal agency that has the responsibility to investigate complaints of discrimination.
Q: What other services does the Office of Affirmative Action provide?
A: The Office of Affirmative Action:
* Assists in the recruitment of minorities and women,
* Provides training and workshops for students, staff, and volunteers on affirmative action, diversity, harassment, nondiscrimination, disability awareness, homophobia, and hiring procedures,
* Provides information related to affirmative action and employment practices at MMSD,