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Affirmative Action

What is Affirmative Action?

Affirmative Action is a State obligation requiring School Districts to appoint an Affirmative Action Officer, to coordinate and implement District efforts, to comply with State affirmative regulations and to promote a working and learning environment, free of discrimination and harassment on the basis of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, gender, religion, disability, or socioeconomic status.

State and federal laws protect individuals against discrimination based on race, creed, religion, color, national origin/nationality, ancestry, age, sex/gender (including pregnancy), marital status/civil union /domestic partnership status, familial status, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, disability (actual, perceived, or regarded as ) or liability for service in the U.S. Armed Forces /military status.

State law also requires that the Affirmative Action Officer serve as the District’s Title IX Coordinator. Title IX is a federal law prohibiting discrimination in schools based upon sex. Sexual harassment is a form of discrimination.

The State’s intent is to ensure that all students receive equal access to educational programs and services, and to ensure equality in employment and contract practices.

The Affirmative Action Laws protect you and your children from sexual harassment, and other forms of harassment covered by the law.

Grievances

In keeping with federal/state anti-discrimination legislation, the Essex Regional Educational Services Commission Board of Education has adopted and hereby publishes the Grievance Procedure provided for the resolution of student, employee, and parent complaints.

Purpose

To provide students, employees, and parents a procedure by which they can seek a remedy for alleged violations related to discrimination on the basis of race, color, creed, religion, affectional or sexual orientation, sex, gender identity, gender expression, ancestry, national origin, disability, or socioeconomic status.

Definitions

Grievance

A formal written complaint.

Grievant

Any student, employee, or parent aggrieved by a decision or condition falling under the guidelines of federal and/or state anti-discrimination laws.

Affirmative Action Officer

The district employee designated to coordinate efforts with anti-discrimination legislation and charged with the responsibility of investigating complaints.

Grievance Procedure

Step #1

The grievant must present the complaint in written form to the responsible person designated as the Building Affirmative Action Representative and/or District Affirmative Action Officer, Kevin E. Guyton. Mr. Kevin E. Guyton can be reached by email K.Guyton@eresc.com or by phone at (973) 405-6262.

Step #2

The Affirmative Action Building Representative/District Affirmative Action Officer has five working days from the time the complaint is received to investigate and provide a response. Depending on the nature of the investigation, additional time may be needed and the grievant will be notified accordingly

Step #3

 If the grievant is not satisfied, the grievant may appeal within ten-working days in writing to the District Superintendent.

Step #4

Response by the Superintendent or designee must be given within five working days from the time the appeal is received by the Superintendent.

Step #4

If the grievant is not satisfied at this level, an appeal in writing may be made within ten working days to the Essex Regional Educational Services Commission Board of Education, which will hear the complaint at the next regular meeting or within thirty calendar days of receiving the appeal. The appeal can be written in business letter format with documentation from steps 1-4 attached.

A Board hearing shall be conducted so as to accord due process to all parties involved in the complaint such as written notice of hearing dates, right to counsel, right to present witnesses, right to cross-examine and to present written statement. The decision of the Board shall be by a majority of the members at a meeting which shall be public.

Step #5

If the grievant is not satisfied at this level, an appeal in writing may be made within ten working days to the Essex Regional Educational Services Commission Board of Education, which will hear the complaint at the next regular meeting or within thirty calendar days of receiving the appeal. The appeal can be written in business letter format with documentation from steps 1-4 attached.

A Board hearing shall be conducted so as to accord due process to all parties involved in the complaint such as written notice of hearing dates, right to counsel, right to present witnesses, right to cross-examine and to present written statement. The decision of the Board shall be by a majority of the members at a meeting which shall be public.

Step #6

The Essex Regional Educational Services Commission Board of Education shall respond to the grievant within thirty calendar days from the hearing date.

Step #7

If the grievant is not satisfied with Board’s decision, the grievant can have it referred to the County Superintendent of Schools.

Essex County Office of Education
Leroy Smith Public Safety Building
60 Nelson Place, 1st floor South
Newark, NJ 07102-1501
Phone: (973) 621-2750

Step #8

The grievant maintains the right to by-pass the grievance procedure and submit the complaint directly to any or all of the following agencies:

1. The Commissioner of Education Bureau of Controversies and Disputes New Jersey Department of Education P.O. Box 500 Trenton, New Jersey 08625 Phone: (609) 292-5705
2. Equal Employment Opportunity Commission Newark District Office 1 Newark Center, 21st Floor Newark, New Jersey 07102 Phone: 800-669-4000 or 973-645-6383
3. U.S. Office for Civil Rights U.S. Department of Education 32 Old Slip, 26th Floor New York, NY 10005-2500 Phone 646-428-3900 or TDD: 877-521-2172 Email: OCR.NewYork@ed.gov
4. New Jersey Division on Civil Rights 140 East Front Street, 6th Floor P.O. Box 090 Trenton, NJ 08625-0090 Phone: 609-292-4605 or TDD 609-292-1785
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