- To promote the rights and responsibilities of all individuals as set forth in the state and federal constitutions, pertinent legislation, and applicable judicial interpretations.
- To encourage positive experiences in terms of human values for children and adults who have differing personal and family characteristics or who come from various socio‑economic, racial, and ethnic groups.
- To consider carefully, in all decisions made which affect the schools, the potential benefits or adverse consequences that those decisions might have on the human relations aspects of all segments of society.
- To utilize educational experiences to develop the skills students need to reach their full potential as members of their community and pursue their future career aspirations.
- To review all practices and policies of the District to achieve the objectives of this policy.
- To investigate and appropriately resolve complaints of unlawful harassment or discrimination in violation of District policy.
- To investigate and appropriately discipline staff and students found to be responsible for unlawful harassment and discrimination in violation of Board policy and the law.
- Annual Notice
The District shall issue a written notice prior to the beginning of each school year that advises students, parents, employees, and the general public that the educational programs, activities and employment opportunities offered by the District are offered without regard to race, color, ancestry, creed, sex, gender, gender identity, gender expression, sexual orientation, religion, national origin, marital status, age, disability or need for special education services. With respect to employment practices, the District will also issue written notice that it does not discriminate on the basis of age, genetic information, or conditions related to pregnancy or childbirth. The notice shall also include the name/title, address and telephone number of the person designated to coordinate Title IX, Section 504, and ADA compliance activities.
The notice shall be made available to persons with limited English language skills in the person’s own language, as applicable. It shall also be made available to persons who are visually or hearing impaired.
The notice shall appear on a continuing basis in District media containing general information, including but not limited to school publications, the District’s website, recruitment materials, application forms, vacancy announcements, student handbooks, District newsletters and annual notices to parents and the community.
- Designation of Responsible Employee
The Board of Education shall designate an individual or individuals as the responsible employees to serve as the District’s compliance officer(s), to coordinate the District’s compliance with Section 504 of the Rehabilitation Act and to administer Title IX and its administrative regulations, and ADA compliance activities. Contact information for the District compliance officer(s) is contained in Board of Education Exhibit AC-E-1, Cherry Creek School District No. 5 Notice of Nondiscrimination/Equal Opportunity, and on the District website at www.cherrycreekschools.org.
- Harassment is Prohibited
Harassment based on a person’s race, color, ancestry, creed, sex, gender, gender identity, gender expression, sexual orientation, religion, national origin, marital status, age, disability or need for special education services, is a form of discrimination prohibited by state and federal law. Preventing and remedying such harassment in schools is essential to ensure a nondiscriminatory, safe environment in which students can learn, employees can work, and members of the public can access and receive the benefit of District facilities and programs. All such harassment, by District employees, students and third parties is strictly prohibited.
All District employees and students share the responsibility to ensure that harassment does not occur at any District school, on any District property, at any District or school-sanctioned activity or event, or any District curricular or non-curricular activity or event.
For purposes of this policy, harassment is any unwelcome, hostile and offensive verbal, written or physical conduct based on or directed at a person’s race, color, ancestry, creed, sex, gender, sexual orientation, religion, national origin, marital status, age, disability or need for special education services that: (1) results in physical, emotional or mental harm, or damage to property; (2) is so severe, persistent or pervasive that it creates an intimidating, hostile or threatening environment; or (3) substantially disrupts the orderly operation of the school.
- Reporting Harassment
Any students who believe they have been victims of unlawful discrimination or harassment as defined in this policy and the accompanying regulations shall immediately report it to an administrator, counselor, teacher, or compliance officer and file a formal complaint as set forth in this policy and the accompanying regulations.
Any employees or applicants for employment who believe they have been victims of unlawful discrimination or harassment shall file a complaint with the administrator who serves as their immediate supervisor, the District’s Office of Human Resources, and/or the District’s compliance officer(s).
Any member of the public who believes they have been a victim of unlawful discrimination or harassment may file a complaint with the District’s compliance officer(s).
- Interim District Action
When appropriate, the District shall take interim measures during the investigation of a harassment report to protect the alleged subject of the harassment from further harassment or retaliation.
- District Investigation/Action
The District shall take appropriate action to investigate allegations of harassment, to end unlawful harassment that exists, to prevent the recurrence of unlawful harassment and to prevent retaliation against the individual making the report and anyone participating in the investigation of such allegations, as well as to restore lost educational opportunities to the harassed student or employment opportunities to staff.
In addition, any student or employee who engages in harassment of another student or employee shall be disciplined according to applicable District policies. Steps shall also be taken to ensure that victims of, witnesses to, and alleged respondents to harassment are protected from retaliation and to restore lost educational and employment opportunities to the extent feasible. Further, students or employees who knowingly file false harassment complaints or give false statements in an investigation shall be subject to discipline, up to and including suspension/expulsion for students and termination of employment for employees.
Appropriate law enforcement officials shall be notified when an employee has reasonable cause to suspect that any student or employee has been subjected to abuse or other criminal conduct in accordance with Board Policy JLF.
No student, employee, or member of the public shall be subject to adverse treatment in retaliation for any good faith report of harassment under this policy. To the extent possible, all reports of harassment will be kept confidential.
All District employees who witness unlawful discrimination or harassment should proactively take steps to eliminate the discrimination including reporting the conduct witnessed to an administrator or the Office of Human Resources.
- District Remediation Actions
Upon determination that discrimination or harassment has occurred, the District shall implement measures to remedy the problem.
- Notice and Training
To reduce harassment and ensure a respectful school environment, the administration is responsible for providing notice of this policy to all District schools and departments.
The policy and grievance process shall be available to all students, staff, and members of the public through electronic or hard-copy distribution, including posting of this policy on the District website, as well as those training materials required to be posted by Title IX regulations.
This policy and notice of nondiscrimination (AC-E-1) shall be incorporated into student and employee handbooks.
Students and staff members shall receive periodic training related to recognizing and preventing unlawful harassment, including review of groups protected under state and federal law, and how to recognize and report incidents of harassment. This training will include, but not be limited to:
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- Awareness of groups protected under state and federal law and/or targeted groups;
- how to recognize and react to harassment; and
- proven harassment prevention strategies.
- Non-Discrimination in Purchasing
The Board is committed to providing equal opportunities for all outside vendors and contractors to participate in the delivery of goods and services to the District. The Board expects that the District’s purchasing processes, as outlined in Board Policy DJ, will provide equal opportunity without regard to gender, race, ethnicity, religion, age, sexual orientation, or disability. More specifically, the Board is committed to District staff engaging in good faith efforts to increase purchases from and contract awards to Historically Underutilized Businesses, as that term is defined by Colorado law, and by small businesses, as that term is defined in 13 C.F.R. 121, in which more than fifty percent of the shares of stock or other equitable securities are owned by veterans and/or individuals with disabilities. This objective will be accomplished by promoting and encouraging bids from said businesses.
Current practice codified: 1991 Adopted: January 12, 2009 Last Revision: March 8, 2021 Current Revision: December 12, 2022