Purpose
ENCSD is committed to maintaining a safe, respectful, and inclusive educational and workplace environment. Students, employees, families, and community members must be able to raise concerns, report misconduct, and participate in investigations without fear of reprisal. Retaliation against any individual for engaging in protected activities is strictly prohibited and will not be tolerated.
Any form or retaliation against an individual who, in good faith, reports misconduct, participates in an investigation, hearing, or inquiry, or exercises any right protected by law or ENCSD policy is a serious violation of school standards. ENCSD will take prompt, fair, and appropriate action against individuals found to have engaged in retaliatory conduct.
This policy is adopted in accordance with Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the North Carolina Whistleblower Act (N.C.G.S. § 115C-407.15 et seq.), and all applicable federal and state laws and regulations.
Definitions
- Retaliation: Any adverse action taken against a person because they engaged in a protected activity, including but not limited to reporting misconduct, filing a complaint, participating in an investigation, or asserting rights under the law or ENCSD policy. Examples include demotion, denial of benefits, harassment, intimidation, exclusion, disciplinary action, threats, or termination.
- Protected Activity: Any activity that is protected under law or policy, including:
- Reporting suspected violations of law or policy
- Reporting discrimination, harassment, bullying, or other prohibited conduct
- Participating in or cooperating with an investigation or proceeding
- Filing grievances or exercising any rights under state or federal law
- Good Faith Report: A report made with an honest and reasonable belief that a violation has occurred, even if that report is later found to be unsubstantiated.
I. This Policy Covers
This policy applies to:
- All ENCSD employees (full-time or part-time)
- Students
- Parents/Guardians
- Volunteers
- Contractors
- Any individuals or entities conducting business with or on behalf of ENCSD
II. Prohibited Conduct
ENCSD prohibits any individual from retaliating against another person for:
- Filing a complaint or report of misconduct (e.g., discrimination, harassment, bullying, fraud, abuse) as protected by Title VII, Title IX, Section 504, ADA, FMLA, and state law.
- Participating in an investigation, grievance process, hearing, or court proceeding under any applicable law or ENCSD policy.
- Providing truthful information in connection with an inquiry or proceeding.
- Advocating for their own or another’s rights under applicable laws or ENCSD policies.
III. Accessibility and Language Access
ENSD recognizes the importance of accessible communication. ASL interpreters and other language access services will be made available, as appropriate, to ensure that all individuals, including students, employees, families, and community members, are able to fully participate in reporting, investigation, and resolution processes as required by Section 504 of the Rehabilitation Act, the ADA, and Title VI of the Civil Rights Act.
IV. Reporting Retaliation
Any person who believes they have experienced retaliation or has observed retaliation against another individual should report the concern to:
- Their immediate supervisor (for staff)
- The Principal or program administrator (for students or families)
- ENCSD’s Human Resources office
- ENCSD Title IX Coordinator
Reports may also be made anonymously; however, anonymous reports may limit ENCSD’s ability to investigate fully. Individuals are protected from retaliation under Title VII Title IX, Section 504, ADA, FMLA, the North Carolina Whistleblower Act, and the North Carolina School Violence Protection Act.
V. Investigation and Response
- All complaints of retaliation will be taken seriously and investigated promptly, thoroughly, and impartially in accordance with applicable ENCSD procedures and due process requirements.
- Where retaliation is substantiated, corrective and/or disciplinary actions will be taken, up to and including termination or expulsion, consistent with due process rights.
- ENCSD will take appropriate steps to protect individuals from further retaliation during and after the investigation.
VI. False Allegations
While ENCSD encourages the reporting of legitimate concerns, knowingly making false or malicious allegations of retaliation is a violation of this policy and may result in disciplinary action.
VII. Training and Communication
ENCSD will provide regular training and support to staff and students on their rights and responsibilities under this policy. Training will include information on legal protections against retaliation under federal and state law, and on the availability of ASL interpreters and other language access services. This policy will be reviewed and updated as needed to ensure ongoing compliance with applicable laws and best practices.
Legal References
- Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq; 29 CFR Part 1604)
- Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.; 34 CFR Part 106)
- Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.; 28 CFR Part 35)
- Section 504 of the Rehabilitation Act of 1973 (29 U.S,C, § 794;34 CFR Part 104)
- Family and Medical Leave Act (29 U.S.C. § 2601 et seq.; 29 CFR Part 825)
- North Carolina Whistleblower Act (N.C.G.S. § 126-84 et seq.)
- North Carolina School Violence Prevention Act (N.C.G.S. § 115C-407.15 et seq.)
- North Carolina False Claims Act (N.C.G.S. § 1-605 et seq.)
- State Board of Education Policies (NCDPI)
- OSHR Workplace Violence and Anti-Retaliation Guidelines
- U.S. Department of Education, Office for Civil Rights (OCR) Regulations (34 CR 100.7€, 34 CFR 106.71, 34 CFR 104.61, 28 CFR 35.134, 34 CFR 110.34)