The Board of Education of Devils Lake Public School District No. 1, in the Counties of Ramsey and Benson and State of North Dakota, supports the provisions of Title IX of the Education Amendments of 1972, Title VI of the Civil Rights Act of 1964, and Section 504 of the 1973 Rehabilitation Act, which commit all North Dakota schools to the elimination of discrimination of the basis of race, color, national origin, sex, or handicap in those programs and activities offered to is students. It is the expressed intent of the Devils Lake Public School District No. 1 to provide equal opportunities for all students, free from limitations based on the above.
This concept of equal educational opportunity will serve as a guide for the Board of Education, administration and staff in making decisions relating to employment of personnel, school facilities, intramural and interscholastic athletics, curriculum, activities, and regulations affecting students and employees.
A copy of the Board of Education Policy is available for review in each school building office (See Policies GAAA and JAA).
Any student or employee of this district who believes he or she has been discriminated against, denied a benefit, or excluded from participation in any district education program or activity, on the basis of race, color, national origin, sex, or handicap in violation of this administrator or follow procedures outlined in the grievance procedure. A copy of the Grievance Procedure may be obtained at each school office with the district at no cost to the individual.
The compliance administrator for Board Policies dealing with Title IX, Title VI, and Section 504 is:
Mrs. Debra Follman
ADA Policy (American Disability Act)
It is the policy of the Devils Lake High School not to discriminate on the basis of disability in its educational programs, activities, employment policies or admission policies and practices as required by the Americans with Disabilities Act of 1990. Inquiries regarding compliance with the ADA may be directed to Tom Dion at the Devils Lake High School at (701) 662-7640.
Title IX Grievance Reporting Prodedure:
TITLE IX GRIEVANCE PROCEDURE
Any student of this district who believes he or she has been discriminated against, denied a benefit, or excluded from participation in any district education program or activity, on the basis of sex, in violation of this policy, may file a written complaint with the compliance administrator or follow procedures outlined in the grievance procedure. A copy of the Title IX Grievance Procedure may be obtained at each school office within the district at no cost to the individual.
Sexual/Racial Harrassment and Bullying Reporting Procedure:
I. GENERAL STATEMENT OF POLICY
Sexual harassment is a form of sex discrimination which violates Section 703 of the Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq., and 20 U.S.C. 1681 Title IX.
It is the policy of the Devils Lake Public School District to maintain a learning and working environment that is free from sexual harassment. This environment includes the school settings, school vehicles, and at school sponsored activities.
It shall be a violation of this policy for any student or employee of the Devils Lake Public School District to harass a student or an employee through conduct or communication of a sexual nature as defined by this policy.
The School District will act to investigate all complaints, either formal or informal, verbal or written, of sexual harassment and to discipline any student or employee who sexually harasses a student or employee of the School District.
Deliberately making false charges with the intent of harming a student, staff member is also a violation of this policy and will be subject to disciplinary action up to and including suspension.
II. SEXUAL HARASSMENT DEFINED
A. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:
1. Submission to the conduct is made, either expressly or by implication, a term or condition of any individual's employment or educational program.
2. Submission to or rejection of such conduct by an individual is used as the basis for an employment or educational decision affecting the individual.
3. The conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or of creating an intimidating, hostile, or offensive working or educational environment or of adversely affecting the employee's or student's performance, advancement, assigned duties or any other condition of employment, career development, or educational programs.
4. Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, assignments, programs, or activities available in the work environment or through the educational institution.
B. Examples of conduct, which may constitute sexual harassment and would therefore be prohibited include:
1. Unwelcome leering, staring, sexual flirtations or propositions.
2. Unwelcome sexual slurs, epithets, threats, verbal abuse, derogatory comments or sexually degrading descriptions.
3. Unwelcome graphic verbal comments about an individual's body, or overly personal conversation.
4. Unwelcome sexual jokes, stories, drawings, pictures or gestures.
5. Unwelcome spreading of sexual rumors.
6. Unwelcome teasing or sexual remarks about student enrolled in a predominantly single-sex class.
7. Unwelcome touching of an individual's body or clothes in a sexual way.
8. Limiting educational opportunities because of gender.
9. Conditioning academic and or student activity privileges on submission to unwanted sexual conduct from students or staff.
10. Cornering or blocking of a sexual nature of normal movements.
11. Displaying sexually suggestive objects in the educational environment.
Nature of Sexual Harassment: Sexual harassment may occur:
--Student to Student --Male to Male
--Staff to Student --Female to Female
--Student to staff --Male to Female
--Staff to Staff --Female to Male
III. REPORTING PROCEDURE/INVESTIGATION
1. The Board encourages and expects any person who believes he or she has been sexually harassed by a student or employee of the Devils Lake Public School District to immediately report the alleged incidents to an appropriate DLPS staff member as designated by this policy.
2. Any school employee who has received a report, verbally or in writing, from any student regarding sexual harassment of that student or another student by a student or adult in the educational setting must forward that report to the building principal, or the Title IX Compliance Officer if the complaint involves the building principal, within twenty-four (24) hours, or within a reasonable extension of time thereafter for good cause.
3. All complaints of sexual harassment will be investigated with an attempt for prompt resolution.
4. Upon receipt of an allegation of sexual harassment the principal or Title IX Compliance Officer will initiate an investigation into the complaint within forty-eight (48) hours.
5. Verbal reports of sexual harassment will be put in writing by the individual complaining or the person who receives the complaint.
6. Each complaint of sexual harassment shall be promptly investigated in a way that respects the privacy of all parties concerned to the extent permitted by law and to the extent practical and appropriate under the circumstances.
7. The complaint investigator will put his/her findings in writing using the Investigator's Sexual Harassment Report Form and will forward a copy to the principal, the Title IX Compliance Officer, and to all persons involved within one week or a reasonable extension of time thereafter for good cause, after concluding the investigation.
8. The investigator will communicate his/her finding to the complaint and the alleged harasser as expeditiously as possible.
9. Results may be indeterminate. If so, the matter will be recorded as unresolved. A written record of the investigation will be maintained by the Title IX Compliance Officer separate and apart from any student file.
The above reporting/investigation procedures apply to internal investigation of complaints by the School District.
Nothing in this reporting procedure shall relieve any employee at the School District from the reporting obligation imposed under the child abuse reporting acts.
Retaliation Prohibited: The School District prohibits retaliatory behavior against any complaint or any participant in the complaint process. The initiation of a complaint of sexual harassment will not reflect negatively on the student who initiates the complaint nor will it affect the student's academic standing, rights, or privileges.
Any student who engages in the sexual harassment of anyone in the school setting may be subject to disciplinary action up to and including expulsion.
Any employee who permits or engages in sexual harassment of students may be subject to disciplinary action up to and including dismissal.
Any employee who receives a complaint of sexual harassment from a student and who does not act promptly to forward that complaint to the principal and/or the Title IX Compliance Officer shall be disciplined appropriately.
Each site manager and principal has the responsibility of maintaining a work environment and/or educational environment free of sexual harassment. Site managers and principals shall take appropriate actions to reinforce the School District's sexual harassment policy. These actions will include:
1. Prompt removal of vulgar or sexually offensive graffiti.
2. Providing staff in-service on the policy within two weeks of the adoption of this policy and by the first week of each school year thereafter.
3. Providing student instruction about sexual harassment through the district adopted curriculum.
4. Taking appropriate disciplinary action as needed.
5. All homeroom teachers shall discuss this policy with their students within one month after its adoption by the Board and during the first week of the school year thereafter. Written copies of the policy shall be given to each student as part of these discussions. Discussion shall be carried out in age-appropriate ways and should assure students that they need not endure any form of sexual harassment.
6. In addition, all teachers, counselors and administrators shall instruct students on the procedures for reporting sexual harassment within the educational setting on an as needed basis.
Harassment of any type has no place in the school setting. The Devils Lake Public School District will endeavor to maintain learning and working environment that is free from harassment, including racial harassment. It is policy of this school district that harassment of students and employees by other students, personnel, or the public will not be tolerated. The School Board expects administrators and supervisors to make it clear to students and staff that harassment in the school buildings, on school grounds, in school vehicles, or at school sponsored functions will not be tolerated and will be grounds for disciplinary action up to and including suspension or expulsion of students and termination of employment for employees.
Harassment is intimidation by threats of or actual physical violence; the creation by whatever means of a climate of hostility or intimidation; or the use of language, conduct, or symbols in such manner as to be commonly understood to convey hatred, contempt, or prejudice or to have the effect of insulting or stigmatizing an individual. Harassment includes but is not limited to harassment on the basis of race, sex, creed, color, national origin, age, religion, marital status or disability. It also includes but is not limited to hostile, demeaning or intimidating behavior or conversation. Staff or student conduct that creates a racially hostile environment is prohibited.
Any employee, student or patron of the School District shall have the right to appeal the application of policies and/or administrative decision affecting him/her by exercising their right to file a formal written appeal with the District Sexual Harassment Compliance Officer as follows:
Mrs. Deb Follman, Principal
Sweetwater Elementary School
1304 2nd Ave N
Devils Lake, ND 58301
The Compliance Officer shall review the prior written documentation and conduct further investigation if needed. A formal written response shall be provided to both parties within 20 working days of receipt of the grievance, or within a reasonable extension of time thereafter for good cause.
COMPLAINT TO THE OFFICE OF CIVIL RIGHTS
Every attempt should be made to resolve the issue with the local school district immediately. If the issue cannot be resolved, you have the right to make a complaint to the Office of Civil Rights. To make a complaint please write or call:
Office of Civil Rights
US Dept. of Ed
8930 Ward Parkway, Floor 2
Kansas City, Missouri 64114
Telephone: (816) 880-4202
TDD: (816) 891-0582
FAX: (816) 891-0644
Your School Records:
YOUR SCHOOL RECORDS
The school has on file your grades, attendance, and standardized test scores, that have resulted from your work since you began school. If you have attended several different schools, these records have all followed you to this school and are on file here.
You and/or parents or guardian may see the contents of these records by making an appointment to do so with the principal or counselor. You or your parent / guardian may place any statements or items in your record that you wish, if it pertains to your schoolwork.
You may also request that items be removed from your file. In the event that you or your parent or guardian make such a request, the person in charge of records may or may not grant the request. In the event the request is denied you may appeal the decision to the next highest school official, and ultimately to the school board.
Your records, or any part thereof, cannot be transferred in writing or orally to any other place without the written consent of you and your parent or guardian, with the exception of another public school in the state in which you have already enrolled after transferring from this school.
This means that your school will not and cannot by law, without first receiving written consent from you and your parent or guardian:
(a) Send a transcript of your school record to a college, vocational school or university.
(b) Give information from your record to a prospective employer.
Written consent can be given by using a form available in the office of the principal or counselor, or by writing a letter to the office requesting the transfer of such records.
Students who are 18 years of age or older need not seek consent of their parents or guardian to exercise their rights of access or control of transfer of their records.
All students' records will be treated in accordance with the provisions of Public Law 93-380, passed by Congress in 1974.
These laws and the resulting procedures described on this page also apply to the records of all graduates of this school. However, under Family Educational Rights and Privacy Act (FERPA), certain information considered directory information may be released. If you do not wish to have this information shared, please contact the main office.
Academic grades, attendance, and discipline information is accumulated, compiled, and stored both electronically and as a hard copy for all students during their enrollment at Devils Lake High School. The purpose of keeping a hard copy and electronic copy is to insure accuracy and provide a means of record retrieval in the event of a loss or destruction of either a hard copy or electronic copy. All teachers and staff are provided training regarding accurate record keeping and cross referencing of data. Depending on the type of record, a detailed account accompanies the record. For example, with discipline record, the Respect and Protect Incident report contains a detailed account of the event. The electronic version also allows input of specific information about a particular incident. The same holds true for attendance reports and grades. Because the school works with such a large number of records, accurate storage and retrieval is imperative. This cross referencing helps to insure a greater degree record accuracy and documentation. Storage of Information:
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