Welcome to Lakeland Schools

4110 Equal Opportunity/Nondiscrimination

Adoption Date: 1/17/2002, Revised:  12/4/2003, 11/18/2004, 8/10/2006, 6/14/2012, 3/19/2015, 3/25/2021

4000 - Personnel
4110 Equal Opportunity/Nondiscrimination

Equal Opportunity/Nondiscrimination

The Board of Education reaffirms its commitment to nondiscrimination and equal educational and employment opportunities in all of its decisions, programs and activities, as follows:

The Board of Education, its officers, employees and agents, shall not discriminate in its programs and activities on the basis of race, color, national origin, creed, religion (including but not limited to anti-Semitism), marital status, military work or status, political affiliation, sex (including pregnancy, childbirth or related condition), sexual orientation (heterosexuality, homosexuality, bisexuality, transgender or asexuality), predisposing genetic characteristics, gender (including gender identity and expression), age, disability, domestic violence victim status, criminal arrest or conviction record, use of a guide dog, hearing dog or service dog, as applicable, or any other basis prohibited by state or federal nondiscrimination laws in its educational programs or employment practices.

This policy of nondiscrimination includes, but is not limited to: access by students to educational programs, counseling services, course offerings and student activities; recruitment and appointment of employees, as well as their compensation, benefits, opportunities for advancement and/or termination.

This policy applies equally to discrimination or harassment of a student or employee by a student, employee, Board member or any individual who foreseeably may come in contact with such individual on school grounds or at school activities.

The Board of Education, its officers and employees, shall not discriminate against students on the basis of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, or gender (including gender identity and expression).

Any student or employee who believes that they have been the subject of discrimination or harassment or who knows or has reason to believe that another student or employee is or has been subject to discrimination or harassment is strongly encouraged to inform the appropriate official designated by the School District to hear such complaints of alleged discrimination.  The designated official shall provide complainant with information regarding the School District’s policy prohibiting discrimination and the grievance/complaint procedures available to such individual.

All complainants and those who participate in the investigation of a complaint in accordance with law and Board policies, who have acted reasonably and in good faith, have the right to be free from retaliation of any kind.

The following individuals are designated as coordinators and/or compliance officers to hear and/or investigate complaints of alleged discrimination:

Title IX Officers/Coordinators - Gender/Sexual Orientation - Students –Assistant Superintendent for Instruction and Assistant Superintendent for Pupil Personnel Services
Title IX Investigators - TBD
Title VII/IX Officers/Coordinators - Gender/Sexual Orientation - Employees – Assistant Superintendent for Instruction and Assistant Superintendent for Pupil Personnel Services     Title VI Officer - Race, Color, National Origin, Creed, Religion – Assistant Superintendent for Instruction
Section 504/Title II ADA Responsible Person - Disability – Assistant Superintendent for Pupil Personnel Services
EEO Officer - All Other Discrimination – Superintendent of Schools

In the event that the specific coordinator/compliance officer is the alleged offender, a complaint shall be directed to another coordinator/compliance officer or the Superintendent of Schools.

At the beginning of each school year, the District shall publish a notice of the established grievance procedures for resolving complaints of discrimination and harassment to parents/guardians, employees, students and the community.  This notice shall:

  • Inform parents, students and the community that educational programs are offered without regard to actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation or gender (including gender identity and expression);
  • include the names, addresses and telephone numbers of the individuals responsible for handling complaints and grievances regarding discrimination.

This notice will be included in announcements, bulletins, and applications made available by the District.

Nothing in this Policy shall be construed to prohibit a denial of admission into, or exclusion from, a course of instruction or activity based on a person’s gender that would be permissible under the law, or to prohibit, as discrimination based on disability, actions that would be permissible under the law.

The Superintendent of Schools is authorized to establish such rules, regulations and procedures necessary to implement this policy.

Policy Cross-References:    4116.11 Americans with Disabilities Act of 1990 and 504 of the Rehabilitation Act of 1973                                         
                                                             4120 Sexual Harassment of Employees
                                                             4121 Title IX Sexual Harassment Policy for Employees
                                                             5145 Americans with Disabilities Act of 1990 and 504 of the Rehabilitation Act of 1973
                                                             5149 Bias Harassment of Students
                                                             5151 Dignity for All Students

Ref:     Title VI, Civil Rights Act of 1964
             Title VII, Civil Rights Act of 1964, as amended by the Equal Employment
               Opportunity Act of 1972
            Executive Order 11246, as amended by E.O. 11375 Equal Pay Act, as amended
               by the Education Amendments of 1972
            Title IX, Education Amendments of 1972
            Rehabilitation Act of 1973, §504
            Individual with Disabilities Education Act (IDEA)
            Americans with Disabilities Act (ADA)
            Age Discrimination in Employment Act of 1967 (ADEA)
            Genetic Information Nondiscrimination Act of 2008 (GINA)
            EEOC Guidelines (29 CFR Part 1609.1 and 1609.2)
            New York State Human Rights Law (Executive Law, Article 15)
            The Dignity for All Students Act (Education Law, Article 2)
            Civil Rights Law Section 40-c
            Civil Service Law Section 75-B
            Corrections Law Sections 752-754
            Military Law Sections 242 and 243

 5110 - Equal Opportunity/Nondiscrimination