• UTAH COUNTY ACADEMY OF SCIENCES

    Policies and Procedures on

    DISCRIMINATION AND HARASSMENT

    POLICY CD

    The Utah County Academy of Sciences is committed to providing an environment free from illegal harassment and other forms of discrimination based upon: (a) race, color, national origin, sex, religion, or pregnancy, as such protected classes are defined in the Civil Rights Act of 1964 (Civil Rights Act) and the Utah Anti-Discrimination Act (UADA); (b) disabilities, as such protected class is defined in the Americans with Disabilities Act of 1990 (ADA) and the UADA; (c) age, as such protected class is defined in the Age Discrimination in Employment Act of 1967 (ADEA) and the UADA; (d) status as a veteran of the Vietnam era, as such protected class is defined in the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA); and (e) any other legally protected class(es) as defined by applicable state and federal law. It is the belief of the Utah County Academy of Sciences that an environment free of discrimination and harassment is a necessary part of a healthy learning and working atmosphere.

    The Utah County Academy of Sciences is committed to eliminating illegal discrimination through education and administrative support.

    1. Employees

    The Utah County Academy of Sciences (UCAS) is committed to providing an environment free from illegal harassment and other forms of discrimination based upon sex, race, color, ethnic background, national origin, religion, creed, age, sex, citizenship, disability, and/or status as a veteran of the Vietnam era. It is the belief of UCAS that an environment free of discrimination and harassment is a necessary part of a healthy learning and working atmosphere.

    Discrimination, harassment and retaliation are prohibited by Titles IV, VI, and VII of the 1964 Civil Rights Act. Employment discrimination is also prohibited by the Utah Anti-Discrimination Act, UCAS 43a-45.

    UCAS will accommodate breastfeeding in the workplace by providing reasonable breaks and access to a room with privacy and a refrigerator for breastfeeding purposes.

    No employee of the Utah County Academy of Sciences may illegally discriminate on the basis of race, color, national origin, sex, religion, pregnancy, disability, age, status as a veteran of the Vietnam era, or any other legally protected class(es) as defined by applicable state and federal law when assigning work or education related benefits and burdens. The Equal Employment Opportunity Commission (EEOC) has identified tangible job actions to include, but not limited to:
    a. Hiring and firing
    b. Promotion and failure to promote
    c. Disciplinary action including suspension and demotion
    d. Undesirable reassignment
    e. A decision causing significant change in benefits
    f. Compensation decisions, and
    g. Work assignments

    Nothing in this policy shall prohibit a person from filing an employment discrimination claim directly with the Utah Anti-Discrimination and Labor Division, 160 East 300 South, Salt Lake City, Utah 84116.

    Nothing in this policy shall prohibit a person from filing an education discrimination claim with the Office of Civil Rights, of the U.S. Department of Education.

    2. Students
    a. No student of the Utah County Academy of Sciences may illegally discriminate on the basis of race, color, sex, disability,ethnic background, national origin, religion, creed, age, marital status, citizenship, disability, status as a veteran of the Vietnam era.

    b. No student of the Utah County Academy of Sciences may engage in illegally harassing
    conduct which creates a hostile environment for other students or employees of the school.

    c. UCAS employees with supervisory responsibility who know or have reason to know this
    policy is being violated must report the incident to the Principal and take action to correct
    the situation.

    d. It is the policy of UCAS to provide fair, expeditious and uniform procedures for
    investigation and resolution of claims of illegal harassment or discrimination.

    Nothing in this policy shall prohibit a person from filing an education discrimination claim with the Office of Civil Rights, of the U.S. Department of Education.

    USDA Nondiscrimination Statement:

    In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

    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 Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may 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 complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

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

    (2) fax: (202) 690-7442; or

    (3) email: program.intake@usda.gov.

    This institution is an equal opportunity provider.

    3. Complaint and Investigative Procedures
    a. Those who believe they are victims of harassment or discrimination, or are witness to such
    acts, may utilize one or more of the following options.
    • Seek advice from a designated compliant officer, or employee representative or (others).
    • Seek to resolve issue directly with the accused.
    • Seek to resolve issues through supervisory personnel.
    • Register a formal complaint with the Principal who will initiate an investigation.
    • File a complaint with the Utah Anti-Discrimination and Labor Division within 180 days of cause of action, or within 300 days of cause of action with EEOC.

    b. Although any investigation will give deference to a complainant’s preferences, any
    investigation that ensues need not be based on the alleged victim’s choice of action.

    c. If an investigation reveals evidence of criminal conduct, the matter will be referred to local
    law enforcement regardless of the complainant’s choice of action. The Principal will
    continue with his own investigation.

    d. All investigations will be treated with discretion to protect the privacy of those involved.
    All efforts will be made to treat the information as confidential, however absolute
    confidentiality of all information obtained through an investigation cannot be guaranteed.

    e. Complainants may be encouraged, but shall not be required to confront respondents.

    f. The accused may not contact the alleged victim during an investigation without permission
    of the Principal and the complainant.

    g. Specific to USDA Food and Nutrition Child Nutrition Programs: The School Foodservice Authority’s (SFA’s) procedures for receiving a complaint cannot prevent a complaint from being accepted; and the procedures must identify the outside agency to which complaints are forwarded (i.e., SA, FNSRO, FNS Office of Civil Rights, or USDA Office of Civil Rights). Additionally, the SFA’s procedures must not indicate that they attempt to resolve the complaint themselves nor can the SFA’s complaint process be a prerequisite for accepting a complaint. The SFA must ensure complaints are forwarded to the USOE Child Nutrition Programs, FNS Regional Office, FNS Office of Civil Rights, or the USDA Office of Civil Rights. Complainant must file complaint within 180 days of the alleged act of discrimination. Complaints may be written, verbal, or anonymous. Civil Right complaints pertaining to the National School Breakfast and National School Lunch programs received by the school or foodservice director must be forwarded to the Utah State Office of Education Child Nutrition Programs, 250 E 500 S PO Box 144200, Salt Lake City UT 84114-4200, 801-538-7680 main phone; 801-538-7883 fax or emailed to the CNP Director or NSLP Coordinator. Complainants may also file a complaint as instructed on the Justice for All poster.

    4. Retaliation
    Retaliation against any person who opposes a practice which is forbidden by this policy, or has filed a complaint, testified, assisted or participated in any manner in an investigative proceeding or hearing under this policy is prohibited. Individuals found guilty of retaliation may face disciplinary action, up to and including termination.

    5. Training
    The Utah County Academy of Sciences recognizes the importance of educating its employees and students regarding the prevention of discrimination and harassment, the promotion of cultural diversity, and the observance of high ethical standards. To these ends, the school will provide ongoing training and education in this area. Notice of this policy will be distributed and training will be conducted for employees and students of UCAS.

    6. Records
    Records of all discrimination or harassment complaints shall be maintained by the Principal as required by law and regulation. The records will be kept in a separate and confidential file as required by GRAMA. Information gathered, developed and documented in the investigation will be regarded as a “protected” record.

    7. Complaint Procedure
    a. Any person who believes that he/she is the victim of discrimination, harassment, or who
    has knowledge of such conduct, should report that conduct directly to the Principal.
    Reports of policy violations may be oral or in writing. If a complainant is unwilling to
    file a written complaint, the Principal shall proceed with the investigation if deemed to
    be in the best interest of all parties and the school. In all circumstances, the person
    receiving the complaint will utilize their best efforts to resolve the allegations.
    • If a report is not in writing, an attempt should be made to acquire the complainant’s
    signature on the report form. If the alleged victim is unwilling to sign the report form
    attesting to the truth of the allegations therein, he or she should be informed that their
    refusal may prevent further processing of the complaint.
    • The report form shall include identities of those claimed to be involved, a description
    of the behaviors complained of, the harm caused by the conduct, and the resolution
    sought by the complaining party.
    b. If the initial report is directed to the Principal, the Principal shall complete the report form
    after interviewing the complainant. The Principal shall attempt to resolve the complaint
    directly with the parties.
    If the dispute is resolved to the satisfaction of the parties, the agreement reached shall be
    documented in writing with all parties signing and receiving copies. If terms have been
    met, the complaint will be closed. If terms have not been met, an investigation will begin.
    c. Any reports received by the persons other than employees with line authority over the
    complainant or respondent must be referred to the Principal.
    d. The Principal shall conduct an intake on all initial unresolved complaints brought to their
    attention. If attempts to informally assist the parties to reach a mutual agreement fail, the
    complaint shall be formally investigated.

    8. Investigation
    a. When conducting investigations, the Principal shall disclose his/her role as a neutral
    investigator rather than an advocate for any party. The extent of the investigation will
    be determined, among other factors, by the nature and severity of the charges, but at a
    minimum will include interviews with all complaints and respondents.
    b. The Principal shall promptly inform responding parties of the existence and nature of the
    charges filed against the. This can be done by providing a copy of the written complaint,
    the report form, or a written summary of the complaint. The Principal shall also inform
    the responding parties of their rights and responsibilities, in writing, during the
    investigation, and will provide an overview of the anticipated investigative process. The
    parties shall be informed they are not to contact each other about the complaint and
    investigation.
    c. An investigation shall be completed as quickly as practicable, but within 30 days of receipt
    of the complaint, unless extenuating circumstances require a longer period of time. All
    parties shall be notified of the extension of time.
    d. Within 10 working days of the conclusion of the investigation, the Principal shall provide
    all parties a written summary reviewing the complaint, response, evidence, and findings.
    The findings shall indicate whether it appears more likely than not that a violation of this
    policy occurred. This conclusion will be determined by the preference of the Principal.
    However, under no circumstances should an investigator make findings and conclusions of
    law which define the specific nature of the violations. The parties will not be provided a
    copy of the investigative report.
    e. The parties will then have 10 working days to provide written responses to the report and
    will have them considered by the Principal.

    9. Remedial Action and Discipline
    a. If a complaint is found to be factually supported in whole or in part, the Principal or his/her
    designee shall implement corrective or disciplinary action necessary to eliminate the
    effects of the discrimination upon the complaining party or other persons, similarly
    situated. The complainant and respondent shall be given a written copy of the corrective
    and remedial actions to be taken.
    b. Once the Principal or his/her designee has reviewed the report by the investigation along
    with responses filed by any parties, he or she shall determine whether to close the
    complaint, attempt conciliation between parties, or initiate disciplinary proceedings.
    c. If disciplinary action is recommended, the respondent shall be notified of his/her due
    process rights.
    d. Within 90 days following the resolution of a complaint or the imposition of sanctions
    resulting from a complaint, the Principal shall conduct a review to determine if the
    resolution of the case is being followed. If the resolution is being followed, the matter will
    be deemed closed. If the resolution is not being followed, the case shall be referred back
    to the Principal for further action.

    DISCRIMINATION AND HARASSMENT REPORT FORM

    The Utah County Academy of Sciences maintains a firm policy prohibiting all forms of discrimination or harassment based on sex, race, color, ethnic background, national origin, religion, creed, age, citizenship, disability, and/or status as a veteran of the Vietnam era. All persons are to be treated with respect and dignity. Forms of discrimination or harassment by any person, male or female, which create an intimidating, hostile, or offensive environment will not be tolerated under any circumstances.

    Complainant Home Address

    Work Address

    Home Phone/Work Phone

    Date of Alleged Incident(s)

    Name of person you believe discriminated against or harassed you or another person

    Office or organization that they work for

    Where did the incident(s) occur?

    Name of potential witness (es)

    Describe the incident(s) as clearly as possible, including such things as: what force, if any was used; any verbal statements (i.e., threats, requests, demands, etc.,); what, if any, physical contact was involved; harm it caused you, etc.

    (Attach additional pages if necessary)

    This complaint is filed based on my honest belief that ________________________has discriminated against or harassed me or another person. I hereby certify that the information I have provided in this complaint is true, correct and complete to the best of my knowledge and belief.

    Complainant Signature Printed Name Date of Birth

    Approved 3/19/2016