Refer to the negotiated agreement for information on the grievance procedures. Employees may call Human Resources, 436-1571, for a grievance form.

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XII. State and Federal Programs

Notice of Nondiscrimination

Lincoln Public Schools does not discriminate on the basis of race, color, national origin, gender, marital status, disability, religion, age or sexual orientation in admission or access to, or treatment of employment, in its programs and activities. The Coordinators listed in the following section have been designated to handle inquiries regarding complaints, grievance procedures or the application of these policies of nondiscrimination.

Local complaint or grievance procedures are provided for by the District and set forth in this handbook. If an employee does not feel that a complaint of nondiscrimination has been satisfactorily resolved at the school level, the employee may file a complaint with the appropriate federal or state agency. Complaints are to be filed with the regional Department of Education, Office for Civil Rights where the complaint relates to Title IX (discrimination, harassment or lack of equity based on gender), Title VI (discrimination or harassment based on race, color, or national origin), or Section 504 (discrimination, harassment or failure to accommodate a disability). Complaints are to be filed with the regional U.S. Equal Employment Opportunity Commission (EEOC) if the complaint relates to Title VII (discrimination or harassment based on race, color, gender, national origin, or religion), the Americans with Disabilities Act (discrimination, harassment or failure to accommodate a disability), or the Age Discrimination in Employment Act (discrimination based on age). The contact information for the OCR and the EEOC in this regard are:

Office for Civil Rights	The U.S. Equal Employment Opportunity Commission (EEOC)
8930 Ward Parkway	1801 L Street, N.W. Suite 2037
Kansas City, MO 64114	Washington, D.C. 20507
(816) 268-0550; FAX: (816) 823-1404; TDD: (800) 437-0833	(800) 669-4000; TDD: (800) 669-6820

A publication provided by the federal government concerning rights of non-discrimination is contained as Appendix I of this handbook.

Designation of Coordinators

Any person having inquiries concerning the District's compliance with anti-discrimination laws or policies or other programs should contact or notify the following person(s) who are designated as the coordinator for such laws, policies or programs. The contact address for each coordinator is: Lincoln Public Schools, 5901 "O" Street, Lincoln, NE 68508. The telephone numbers are provided below.

Law, Policy or Program	Issue or Concern	Coordinator
Title VI	Discrimination or harassment based on race, color, or national origin; harassment	Dr. Becky Wild - Equity Administrator-436-1650 (Students) Thomas Christie - Multicultural Administrator-436-1604 (Students) Employees should contact Dr. Nancy Biggs, Associate Superintendent for Human Resources-436-1575
Title IX	Discrimination or harassment based on sex; gender equity	Dr. Nancy Biggs, Title IX Officer and Associate Superintendent for Human Resources-436-1575
Section 504 of the Rehabilitation Act and the Americans with Disabililities Act (ADA)	Discrimination, harassment or reasonable accommodations of persons with disabilities	Marla Styles, ADA Coordinator-436-1579 Dr. Becky Wild-504 Coordinator-436-1650 (Students)
Homeless student laws	Children who are homeless	Dr. Becky Wild-Homeless Coordinator-436-1650
Safe and Drug Free Schools and Communities	Safe and drug free schools	Dr. Becky Wild-Director of Student Services-436-1650

Anti-discrimination & Harassment Policy (Policy Regulation 4880.1)

Elimination of Discrimination

The Lincoln Public Schools hereby gives this statement of compliance and intent to comply with all state and federal laws prohibiting discrimination or harassment and requiring accommodations. This school district intends to take necessary measures to assure compliance with such laws against any prohibited form of discrimination or harassment or which require accommodations.

Preventing Harassment and Discrimination

All persons employed by or acting on behalf of Lincoln Public Schools are expected to:

1. Demonstrate at all times a respect for others regardless of race, color, religion, gender, disability, handicap, age, national origin, sexual orientation, citizenship status, economic status or other personal attribute. Any verbal or physical conduct which unreasonably interferes with the person's work performance or creates an intimidating work environment constitutes harassment or discrimination.
2. Refrain from actions or the use of language, including ethnic or racial slurs, which is disparaging or demeaning to an individual's appearance, ability, beliefs or other personal attibutes.
3. Refrain from unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct or communication constituting sexual harassment. Sexual harassment may take many forms including, but not limited to:
   1. Verbal harassment or abuse including unwelcome sexually oriented communication;
   2. Subtle pressure or requests for sexual activity;
   3. Unnecessary touching of an individual, e.g., patting, pinching, hugging, repeated brushing against another person's body;
   4. Requesting or demanding sexual favors accompanied by implied or overt threats concerning an individual's employment or student's status;
   5. Requesting or demanding sexual favors accompanied by implied or overt promise of preferential treatment with regard to an individual's employment or student status; or
   6. Sexual assault.
4. Report any incident of harassment or discrimination of or by any employee, student or non-employee within or which affects the school environment.

Complaint and Grievance (Policy Regulation 4880.2)

All employees are responsible for helping to prevent discrimination or harassment. Employees who believe they have been subjected to, or believe they have witnessed discrimination or harassment should follow these procedures:

1. Directly inform the person engaging in the discrimination or harassment that such conduct is offensive and must stop.
2. Contact your principal or supervisor or the principal or supervisor of the offending person, or contact the Title IX Officer, the Associate Superintendent for Human Resources, if you do not wish to communicate directly with the person whose conduct is offensive or if direct communication with the offending person has been ineffective.
3. Report the matter to the Title IX Officer, the Associate Superintendent for Human Resources, if the offending conduct continues or has not been resolved to your satisfaction after you have reported the matter to a principal or supervisor.
4. Report to the principal or the supervisor of the school or to the Title IX Officer, the Associate Superintendent for Human Resources, if you are the adult to whom the student has made a report so that the matter can be properly resolved.

Allegations of harassment or discrimination shall be investigated and if substantiated, corrective or disciplinary action taken, up to and including dismissal from employment if the offender is an employee, or suspension and/or expulsion, if the offender is a student. Retaliatory action will not be taken against an employee for reporting discrimination or harassment.

The Discrimination/Harassment Complaint Form is contained in Appendix F.

Grievance Procedure for Persons with a Disability

The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act address discrimination, harassment or failure to provide reasonable accommodations to persons with a disability. The following grievance procedure shall be used for resolution of complaints of alleged violations of the ADA or Section 504;

1. Complaints shall be filed with the ADA and Section 504 Coordinator. Complaints shall be made in writing, unless the Complainant's disability prevents such, in which event the Complaint can be made verbally.
2. Complaints shall set forth: (a) the name of the Complainant, (b) the address and telephone number or other such information sufficient to enable the Coordinator to contact the Complainant, (c) a brief description of the alleged violation, and (d) the relief requested by the Complainant.
3. Complaints shall be investigated by the Coordinator or the Coordinator's designee. Investigations shall be thorough, but informal, and the Complainant shall be given a full opportunity to submit evidence relevant to the complaint.
4. The Coordinator shall make a decision on the Complaint within thirty (30) days of the filing of the Complaint, unless such time period is extended by agreement of the Complainant. The decision shall be made in writing, shall set forth the Coordinator's proposed resolution of the Complaint, and shall be forwarded to the Complainant.
5. The Complainant shall have ten (10) days from the date the Coordinator's decision is sent to the Complainant to accept or reject the Coordinator's proposed resolution, and shall be deemed to have accepted the proposed resolution unless the Complainant rejects the proposed resolution within such time period. In the even the complainant rejects the proposed resolution, the complainant shall be given the opportunity to file a request for reconsideration within the ten (10) days from the date the Coordinator's decision is sent to the Complainant. The request for reconsideration shall be filed with the Coordinator. The Coordinator shall consider any additional information provided in the request for reconsideration and make a decision on the request for reconsideration within ten (10) days after the request for reconsideration was filed.

Confidentiality of Student Records (FERPA)

The Family Educational Rights and Privacy Act (FERPA) gives parents and students over 18 years of age rights of access and confidentiality with respect to education records. Employees are expected to provide access rights and maintain the confidentiality of education records in accordance with FERPA and Board policy. Further information about FERPA and the District's policies under FERPA are found in Board policy and in the student handbook.

Disclosure of Student Information to Military Recruiters and Colleges

The No Child Left Behind Act requires the District to provide military recruiters and institutions of higher education access to secondary school students' names, addresses and telephone listings. Parents and secondary students have the right to request that the school not provide this information (i.e., not provide the student's name, address, and telephone listing) to military recruiters or institutions of higher education, without their prior written consent.

All requests for student information from recruiters and institutions of higher learning are to be referred to the building principal.

Homeless Students

The No Child Left Behind Act requires that homeless students not be stigmatized or segregated on the basis of their status as homeless. Homeless children generally include children who lack a fixed, regular, and adequate nighttime residence. The Homeless Coordinator should be contacted for questions relating to a homeless student.

Breakfast and Lunch Programs

The District participates in the National School Lunch Program. Employees are expected to keep information about the participation of students in the free and reduced lunch program confidential.

Confidentiality of Protected Health Information

It is the policy of the District to develop and implement all necessary practices, policies, and procedures to comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) where and to the extent applicable and to maintain the privacy of protected health information (PHI), as that term is defined by HIPAA, that it receives, obtains, or transmits for employees and students. The District designates the Benefits Specialist as its HIPAA privacy officer. Student and employee records containing PHI shall be accessible only to those who require such information to carry out their duties.