2401 - (AC) Nondiscrimination, Equal Opportunity Employment, and Anti-Discrimination Plan

 

 

 

The Milford School District recognizes the right of all students and staff members to learn 
and work in an environment free from discrimination or harassment, and likewise, that 
persons participating or attempting to participate in District programs, employment, or 
activities have the right to do so free from discrimination or harassment.

Accordingly, the District prohibits any type of unlawful harassment or discrimination based 
on age, race, color, religion, creed, sex, national or ethnic origin, gender identity, sexual 
orientation, marital status, familial status, physical or mental disability, pregnancy, genetic 
information, or veteran status by employees, students, members of the school community, 
or by vendors or visitors on school property or at school-sponsored events. No person shall 
be excluded from or denied the benefits of educational programs or activities on the basis 
of any of the above classes or economic status.

As described above, the blanket prohibition afforded under this policy, as well as other 
School Board policies, reflects, but goes further than, some of the same protections 
afforded under multiple State and Federal statutes or regulations, such as, but not limited 
to, NH RSA 354-A, and NH RSA 193:38-39, Titles IV, VI and VII of the Civil Rights Act of 
1964, Title IX of the Education Amendments of 1972, the Individuals with Disabilities 
Education Act, Section 504 of the Rehabilitation Act of 1972, the Americans with 
Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, and the 
Pregnant Worker Fairness Act. Additionally, bullying or general harassment of students 
unrelated to any of the characteristics (“protected classes”) identified above, is further 
prohibited under Board policy 5009 (JICK) and RSA 193-F. Statutory and regulatory 
statements and notices of nondiscrimination are included in Section I of this policy.

The District has determined that the most effective way to limit harassing or discriminatory 
statements or conduct that is illegal or unlawful under those statutes is to treat it as 
misconduct under Board policies, even when such conduct or statements might not rise to 
the level of discrimination or harassment prohibited under federal or state law.

The definitions found here apply to each Board policy unless and to the extent that such 
definition is contrary to specific language or context of that policy or other legal authority.

“Days” means calendar days but excludes non-weekend days on which the SAU office is 
closed (e.g., holidays, office-wide vacations), or any weekday during the school year on 
which school is closed (e.g., snow days).

"Discrimination" is conferring benefits upon, refusing or denying benefits to, or providing 
differential treatment to a person or class of persons in violation of law based on race,

color, religion, sex, national origin, ancestry, disability, age, genetic information, or any 
other characteristic protected by law or based on a belief that such a characteristic exists.

 

A "Grievance" or "Complaint" is a verbal or written report or complaint of discrimination, 
harassment, or retaliation that objectively can be understood as a request for the District 
to investigate and make a determination about alleged discrimination. The required 
form and the specific process for making a report may vary depending on the nature of the 
conduct or issue. See Section D, below, for further information. 

"Harassment" generally refers to the use of words or engaging in behaviors that annoy, 
threaten, intimidate, or demean a person without a legitimate purpose. Harassment will 
often constitute bullying, which is prohibited under Board policy 5009 (JICK). Additionally, 
harassment may constitute illegal discrimination if the harassing statements or behaviors 
include explicit or implicit reference to age, sex, gender identity, sexual orientation, race, 
color, marital status, familial status, disability, religion, or national origin.

"Retaliation" means intimidation, threats, coercion, or discrimination against any person by 
the District, a student, or an employee or other person authorized by the District to provide 
aid, benefit, or service under the District's education program or activity, for the purpose of 
interfering with any right or privilege secured by state or federal law or District policies, 
procedures, regulations or rules, or because the person has reported information, made a 
complaint, testified, assisted, or participated or refused to participate in any manner in an 
investigation, proceeding, hearing, or appeal under such policies, procedures, etc.

 

This policy is applicable to all persons employed or served by the District. It applies to all 
sites and activities the District supervises, controls, or where it has jurisdiction under the 
law, including where it (a) occurs on, or is delivered to, school property or a school-

sponsored activity or event on or off school property; or (b) occurs off of school property or 
outside of a school-sponsored activity or event if the conduct interferes with a student’s 
educational opportunities or substantially disrupts the orderly operations of the school or 
school-sponsored activity or event, as set forth in Board policy 5009 (JICK), Pupil Safety 
and Violence Prevention- Bullying. Examples of sites and activities include all District 
buildings and grounds, school buses and other vehicles, field trips, and athletic 
competitions.

 

1. Reports or complaints of sex discrimination, including sex-based 
harassment, or sexual violence by staff or students, should be made under 
Board policies 2405 or 5125;

2. Reports or complaints by students of discrimination on the basis of 
educational disability under the Individuals with Disabilities Education Act 
(IDEA) should be made under Board policy 2421;

3. Reports or complaints of bullying or other harassment of pupils should be 
made under Board policy 5009 (JICK);

4. Reports or complaints of discrimination, harassment, or retaliation not 
specified above, including, without limitation, claims relating to race, 
ethnicity, disability (e.g., Americans with Disabilities Act (ADA) or 504),

religion, access to the Boy Scouts of America or other Title 36 youth group 
listed in Title 36, Subtitle II, Part B of the United States Code (as a patriotic 
society) that is intended to serve young people under the age of 21, and not 
involving or relating to the District's food services (see number 5 below) 
should be made under the grievance procedure in Board policy 2405 or 
5125; and

5. Reports or complaints of discrimination based upon protected classes 
relative to any of the District's food and nutrition services (FNS) programs 
(school lunches, etc.) should be made under Board policy 2322 (ACF), 
unless the alleged discriminatory conduct relates to a class identified 
in Sections D.1 or D.2.

Any person who believes that he or she has been discriminated against, 
harassed, or bullied in violation of this policy by any student, employee, or 
other person under the supervision and control of the school system, or any 
third person who knows or suspects conduct that may constitute 
discrimination, harassment, or bullying, should contact the District Human 
Rights Officer or otherwise as provided in the policies referenced above 
under this same heading.

Any employee who has witnessed or who has reliable information that 
another person may have been subjected to discrimination, harassment, or 
bullying in violation of this policy has a duty to report such conduct to his/her
their immediate supervisor, the District Human Rights Officer, or as provided 
in one of the policies or administrative procedures referenced above under 
this same heading. Additionally, employees who observe an incident of 
harassment or bullying are expected to intervene to stop the conduct in 
situations in which they have supervisory control over the perpetrator, and it 
is safe to do so. If an employee knows of an incident involving 
discrimination, harassment, or bullying and the employee fails to report the 
conduct or take proper action or knowingly provides false information in 
regard to the incident, the employee will be subject to disciplinary action up 
to and including dismissal.

Investigations and resolution of any complaints shall be according to the 
policies listed above and related administrative procedures or 
regulations. Complaints or reports regarding matters not covered in those 
policies should be made to the District Human Rights Officer.

 

 

At any time, whether or not an individual files a complaint or report under this policy or 
policy 2405 or 5125, an individual may file a complaint with an external agency, such 
as the Office for Civil Rights (“OCR”) of the United States Department of Education, the 
New Hampshire Commission for Human Rights, or another relevant authority. Complaints 
to the OCR, however, must be made within 180 days of the last act of alleged 
discrimination, harassment, or retaliation giving rise to the complaint or from the date the 
Complainant could reasonably become aware of such occurrence.

Notwithstanding any other remedy, any person may contact the police or pursue criminal 
prosecution under state or federal criminal law.

 

Office for Civil Rights, U.S. Department of Education; 5 Post Office Square, 8th Floor, 
Boston, MA 02109-3921; Telephone - 617-289-0111; Email - [email protected]

 

Office of the Assistant Secretary for Civil Rights, U.S. Department of Agriculture; 1400 
Independence Avenue, SW, Washington, D.C., 20250-9410; Telephone - 866-632-9992; 
Email - [email protected]

 

Boston Area Office, U.S. Equal Employment Opportunity Commission; JFK Federal 
Building, 15 New Sudbury Street, Room 475, Boston, MA 02203-0506; Telephone - 1-800-
669-4000; ASL Videophone - 1-844-234-5122; Email - [email protected]

 

New Hampshire Commission for Human Rights; 57 Regional Drive, Suite 8, Concord, NH 
03301; Telephone - 603-271-2767; Email - [email protected]

 

New Hampshire Department of Justice, Civil Rights Unit; 33 Capitol Street, Concord, NH 
03301; Telephone - 603-271-3650; Email - [email protected]

 

N.H. Department of Education, Commissioner of Education; 25 Hall Street, Concord, NH 
03301; Telephone - 603-271-3494; Email - [email protected]

 

No reprisals or retaliation of any kind will be taken by the Board or by any District employee 
against the Complainant or other individual on account of his or her their filing a complaint 
or report or making statements in the course of an investigation or grievance 
procedure. Charging an individual with a code-of-conduct violation for making a materially 
false statement in bad faith in the course of an investigation, a disciplinary proceeding, 
or grievance proceeding does not constitute retaliation, provided, however, that a finding 
explicitly or implicitly negating a statement, alone, is not sufficient alone to conclude that 
the person made a materially false statement in bad faith.

 

The Superintendent shall ensure that District and or building personnel are assigned to the 
positions listed below. Each year, and more often when personnel change, the 
Superintendent shall prepare and disseminate an updated list of the person or persons 
acting in those positions, along with their District contact information, including telephone 
number, email, and postal and physical addresses:

Lynessa Huntley
100 West Street
Milford, NH 03055
603-673-2202
[email protected]

 

 

 

Ms. Santina Thibedeau,
Executive Director of Student Support Services, Section 504 Coordinator
100 West Street
Milford, NH 03055
603-673-2202
[email protected]

 

 

No later than October 15, 2020, the Superintendent shall develop and provide to the 
Board for approval a coordinated written District Anti-Discrimination Plan (the “Plan”) to 
include guidelines, protocols, and procedures intended to prevent, assess the presence 
of, intervene in, and respond to incidents of discrimination.

Among other things, the Plan should include provisions and recommendations with 
respect to resources, policies, complaint procedures, student education programs, Plan 
dissemination, and training appropriate to carrying out the Plan objectives stated in the 
preceding paragraph.

In developing the Plan, the Superintendent is encouraged to seek input from appropriate 
groups of the school and local community and coordinate with the District’s Human Rights 
Officer and Title IX and 504 Coordinators.

No less than once every two years (off years from review of the District’s Suicide 
Prevention Plan per policy 4011 (JLDBB), the Superintendent shall update the District 
Anti-Discrimination Plan and present the same to the Board for review. Such Plan 
updates should be submitted to the Board in time for appropriate budget consideration.

1. Comprehensive Prohibition Against Discrimination in Educational 
Programs and Activities.

Under State or Federal law and Board policy, no person shall be excluded 
from, denied the benefits of, or subjected to discrimination in the District’s 
public schools because of their age, sex, gender identity, sexual orientation, 
race, color, marital status, familial status, disability, religion, or national 
origin. As used in this section, “race" means immutable traits associated with 
race, including hair texture and protective hairstyles, and “protective hairstyles” 
means hairstyles or hair type, including braids, locs, tight coils or curls, 
cornrows, Bantu knots, Afros, twists, and headwraps. Discrimination, including 
harassment, against any person in the District’s education programs, on the 
basis of any of the above classes, or a person’s creed, is prohibited.

Finally, there shall be no denial to any person of the benefits of educational 
programs or activities on the basis of any of the above classes or economic 
status.

Harassment of students other than on the basis of any of the classes or 
categories listed above is prohibited under Board policy 5009 (JICK) Pupil 
Safety and Violence Prevention.

2. Equal Opportunity of Employment and Prohibition Against 
Discrimination in Employment.

The School District is an Equal Opportunity Employer. The District ensures 
equal employment opportunities without regard to age, color, creed, disability, 
gender identity, marital status, national origin, pregnancy, race, religion, sex, or 
sexual orientation. The District will employ individuals who meet the physical 
and mental requirements and who have the education, training, and 
experience established as necessary for the performance of the job as

specified in the pertinent job description(s).

Discrimination against and harassment of school employees because of age, 
sex, race, creed, religion, color, marital status, familial status, physical or 
mental disability, genetic information, national origin, ancestry, sexual 
orientation, or gender identity are prohibited. Additionally, the District will not 
discriminate against any employee who is a victim of domestic violence, 
harassment, sexual assault, or stalking.

3. USDA Nondiscrimination Statement (copied from Policy 2322 ACF).

In accordance with federal civil rights law and U.S. Department of Agriculture 
(USDA) civil rights regulations and policies, this institution is prohibited from 
discriminating based on race, color, national origin, religion, sex, disability, 
age, marital status, family/parental status, income derived from a public 
assistance program, political beliefs, or reprisal or retaliation for prior civil 
rights activity, in any program or activity conducted or funded by USDA (not all 
bases apply to all programs). Remedies and complaint-filing deadlines vary by 
program or incident.

Persons with disabilities who require alternative means of communication for 
program information (e.g., Braille, large print, audiotape, American Sign 
Language, etc.) should contact the responsible Agency or USDA's TARGET 
Center at (202) 720-2600 (voice and TTY) or contact USDA through the 
Federal Relay Service at (800) 877-8339. Additionally, program information 
may be made available in languages other than English.

To file a program discrimination complaint, a Complainant should complete a 
Form AD-3027, USDA Program Discrimination Complaint Form, which can be 
obtained online at: USDA Form AD-3027 (linked tested 2024/5/9), from any 
USDA office, by calling (866) 632-9992, or by writing a letter addressed to 
USDA. The letter must contain the Complainant’s name, address, telephone 
number, and a written description of the alleged discriminatory action in 
sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about 
the nature and date of an alleged civil rights violation. The completed AD-3027 
form or letter must be submitted to USDA by: 

a. Mail:
U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410;

 

b. Fax:
(833) 256-1665 or (202) 690-7442; or

 

c. Email:
[email protected]

 

 

Information may be disclosed if necessary to further the investigation, appeal, or 
resolution of a grievance, or if necessary to carry out interim or disciplinary measures. 
The District will disclose information to the District's attorney, law enforcement, and 

others when necessary to enforce this policy or when required by law. In implementing 
this policy, the District will comply with state and federal laws regarding the 
confidentiality of student and employee records. Information regarding any resulting 
employee or student disciplinary action will be maintained and released in the same 
manner as any other disciplinary record. The District will keep any documentation 
created in investigating the complaint, including, but not limited to, documentation 
considered when making any conclusions, in accordance with Board policy, state and 
federal laws, and as advised by the District's attorney.

Reports under this Policy are in addition to and do not replace other reporting 
requirements mandated by law or other policies - see, e.g., Educator Code of Conduct
(see Board policy 2426 (GBEAB), abuse or neglect of children (see RSA 169-C:29 and 
policy 2408 (JLF), acts of “theft, destruction, or violence” (see RSA 193-D:4, I (a) and Ed 
317.06), incidents of “bullying” (see RSA 193-F and policy 5009 (JICK), and hazing (see 
RSA 671:7).

The Superintendent shall develop such other procedures and regulations, and shall 
ensure that training programs are provided as are necessary and appropriate to 
implement this policy, as well as the other policies referenced above.

The Superintendent will provide notice of the nondiscrimination statements and notices, 
the Anti-Discrimination Plan, to all applicants for employment, employees, students, 
parents, and other interested persons as required by statute, policy, or regulation, or as 
the Superintendent may otherwise deem appropriate.