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The District prohibits discrimination based on race, creed, color, sex, sexual orientation, gender identity, genetic information (for employment), national origin, religion, age (for employment), disability, socioeconomic status (for programs), marital status (for programs), or veteran status (for employment) in its educational programs, activities, and its employment practices.
Equal opportunity in educational programs and activities shall be provided to all students in the District. In order to monitor progress, course enrollment and other relevant data (as required by the Department of Education and the Office of Civil Rights) shall be collected on the basis of designated categories and shall be updated annually.
Further, the District expressly prohibits any form of harassment of students or employees. Harassment or intimidation is defined as annoying, tormenting, teasing, or using derogatory words or statements pertaining to or as a result of one’s race, creed, color, sex, sexual orientation, gender identity, genetic information (for employment), national origin, religion, age (for employment), disability, socioeconomic status (for programs), marital status (for programs), or veteran status (for employment), when made by any student, employee, agent of or a person under the control or supervision of the District, while on school property or engaged in or attending any school-sponsored activity. Harassment may include, but is not limited to the following:
Submission to harassment is made directly or indirectly a term or condition of any individual’s employment or education.
Harassment interferes with or affects an individual’s academic or professional performance or creates an intimidating, hostile, offensive, abusive, employment or educational environment.
No employee, agent, or person under the control or supervision of the District shall tolerate discrimination or harassment of any other individual, including students, or other school personnel, who are on school property or who are engaged in or attending any school-sponsored activity. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy, please contact Dr. Dora Jung, director of student services & equity education/title ix coordinator at (712) 279-6075, jungd@live.siouxcityschools. com. Any such incidents of discrimination or harassment must be reported to an immediate supervisor or to the director of student services & equity education/title ix coordinator or director of human resources. Submission of a good faith complaint or report of discrimination or harassment will not affect the complainant or reporter’s future employment, grades, learning or working environment, or work assignments. All complaints will be fully investigated and acted upon as necessary to ensure that the discrimination or harassment stops and does not recur.
The District will take any and all appropriate action, including any necessary discipline, against any employee, student, agent, or any other person under the control or supervision of the District, who retaliates against any person who reports, testifies, assists, and/or participates in a proceeding, investigation or hearing relating to an incident of alleged discrimination or harassment. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment. This policy should not be read to negate other District policies prohibiting other forms of unlawful discrimination, inappropriate behavior, and/or hate crimes within this District. It is the intent of the District that all such policies be read consistently to provide the highest level of protection from unlawful discrimination in the provision of educational and employment services and opportunities.
Policy Title: Procedures Related to Complaints of Sexual Harassment Under Title IX Code Number: AR103(a)
The District does not discriminate on the basis of sex in its education programs or activities and is required by Title IX and its regulations not to discriminate in such a manner. This requirement also extends to employment.
The District follows the procedures required under Title IX for complaints of sexual harassment that fall under that process. The applicable definitions and procedures can be accessed on the District’s website at siouxcityschools.org.
Any questions or inquiries about the application of Title IX or the District’s process under AR 103(a) can be directed to the District’s Title IX Coordinator at 712-279-6075.
Inquiries about the application of Title IX to the District may also be directed to the Assistant Secretary of the U.S. Department of Education.
For translated versions of AR 103(a), please contact 712-279-6840.
Policy Title: Complaints of Discrimination/Harassment not Covered by Title IX Sexual Harassment Procedures Code Number: AR103(b)
Procedures
Students, parents of students, employees and applicants for employment in the District have the right to file a formal complaint alleging discrimination/harassment. This policy and procedure are to be used for complaints of discrimination in lieu of any other general complaint policies or procedures that may be available. Any required notifications under this policy may be sent by regular first-class mail and/or by email to an email address provided by a party.
Level One – Director of Human Resources, Building Administrator*
Complaints should be submitted within fifteen (15) days of the event, which is the subject of the complaint, or as soon thereafter as is reasonably possible. Students and their parents/legal custodians and employees assigned to a specific school building, should make an appointment with the Building Administrator. Applicants for employment and employees who are not assigned to a specific school building should make an appointment with the Director of Human Resources. Every effort will be made to resolve the complaint informally at this level. The Director of Human Resources or Building Administrator shall provide a written response within five (5) working days after the initial report.
This level is optional and may be bypassed if the complainant wishes to file a formal complaint by following the procedure in Level Two.
Level Two – Director of Student Services and Equity Education/Title IX Coordinator*
If the complainant chooses to bypass Level One and proceed directly to Level Two, a written complaint, on Form 103-E must be submitted by the complainant to the Director of Student Services and Equity Education/Title IX Coordinator within fifteen (15) working days from the time the incident occurred, or as soon thereafter as reasonably possible. Form 103-E may be obtained from the Equity Office or on the District website.
In appropriate circumstances, the Director of Student Services and Equity Education’s designee or an alternate may conduct the Level Two process.
In the event the complainant is not satisfied with a decision made at Level One, the complainant may appeal the decision using Form 103-E. The form must be submitted to the Director of Student Services and Equity Education/Title IX Coordinator, his/her designee, or designated alternate within five (5) working days after receipt of the response at Level One. Any party may request that a meeting concerning the complaint be held with the Level Two investigator, who may also request a meeting with any party. A parent, guardian or other counsel may accompany a minor student. The Director of Student Services and Equity Education/Title IX Coordinator, his/her designee, or designated alternate, will investigate the complaint and attempt to resolve it.
Within ten (10) working days after receipt of an initial complaint or an appeal from Level One, a written report from the Level Two investigator regarding the outcome of the investigation or appeal will be sent to the complainant, other involved parties, as well as the Superintendent.
Level Three – Superintendent*
In the event a party is not satisfied with the decision made at Level Two, the party may submit a written appeal to the Superintendent within five (5) working days after receipt of the Level Two report. The Level Two investigator shall promptly forward all materials relative to the complaint and appeal to the Superintendent. The Superintendent may request a meeting with any party to discuss the appeal. Within ten (10) working days after receipt of the written appeal, or within ten (10) working days after meeting with the parties, whichever is later, the Superintendent will send a decision in writing to the parties as well as the Level Two investigator. The Superintendent may affirm, reverse, or amend the Level Two decision, or direct the Level Two investigator to gather additional information. The decision of the Superintendent will be final.
The decision of the Superintendent in no way prejudices a party from seeking redress through local, state, or federal agencies as provided by law.
*This is applicable to all levels:
At no point should a complainant be required to make or submit a complaint to the individual they are alleging engaged in discriminatory or harassing conduct.
Policy Title: Section 504 Student and Parental Rights Code Number :AR103(c)
The District is committed to maintaining an environment for its students and employees that is free of discrimination against persons with a disability. The Sioux City Community School District will provide access to appropriate educational services to students who are eligible under Section 504. The director of student services & equity education shall serve as the Section 504 Coordinator.
I. Requirements of Section 504 of the Rehabilitation Act of 1973 Section 504 prevents exclusion of participation in, denial of benefits of, and discrimination under any program or activity that receives Federal financial assistance on the basis of an eligible disability. Eligible employees and students and/or the student’s parents or legal custodians shall be notified of their rights under Section 504.
II. Procedures for Providing Student Services Under Section 504
a. A concern is expressed by a parent, nurse, teacher, counselor, or any other responsible party. If the strategies are unsuccessful, a referral may be made for evaluation to Section 504.
b. Principal or designee schedules team meeting, which will include the principal, the parent or legal custodian, and at least one teacher, counselor, or nurse. The committee may include the student (if age appropriate) and others, to the extent reasonable, who have knowledge of the student and are invited by the parent or principal.
c. The team will meet to review all applicable student records and identify the areas of strengths and concerns and will determine whether the student has a disability that substantially limits a major life activity. “Major life activities” include functions such as caring for oneself, performing manual tasks, talking, seeing, hearing, speaking, breathing, learning, and working.
d. An accommodation plan will be written, and the student’s teachers or designated staff listed on the 504 Plan will be responsible for each accommodation listed. This plan will be reviewed annually by the 504 team and revised as appropriate.
III. Rights In Employment and Education
a. Eligible Employee Rights: Employees can refer to the employee handbook.
b. Eligible Student and Parent/Legal Custodian Rights
participation of your child in District programs and activities, including extracurricular programs and activities, to the maximum extent appropriate, free of discrimination based upon the student's disability and at the same level as students without disabilities.
receipt of free educational services to the extent they are provided students without disabilities.
receipt of information about your child and your child's educational programs and activities in your native language.
notice of identification of your child as having a qualifying disability for which accommodations may need to be made and notice prior to evaluation and placement of your child and right to periodically request a re-evaluation of your child.
to inspect and review your child's educational records including a right to copy those records for a reasonable fee; you also have a right to ask the District to amend your child's educational records if you feel the information in the records is misleading or inaccurate; should the District refuse to amend the records, you have a right to a hearing and to place an explanatory letter in your child's file explaining why you feel the records are misleading or inaccurate.
to a hearing before an impartial hearing officer if you disagree with your child's evaluation or placement; you have a right to counsel at the hearing and to have the decision of the impartial hearing officer reviewed.
IV. Investigation of All Section 504 Complaints
Inquiries or grievances under Section 504 and Title II of the Americans with Disabilities Act may be directed to Dr. Dora Jung, Director of Student Services & Equity Education/Title IX Coordinator at 627 4th Street, Sioux City, IA 51101, (712) 279-6075, jungd@live.siouxcityschools.com. Refer to AR 103(b) for the grievance process.