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Prohibition Against Discrimination Policy 1710/4020/7230

I. Purpose

The Eastern North Carolina School for the Deaf (ENCSD) is committed to providing a safe, respectful, and inclusive educational and work environment for all students, staff, and members of the school community. Discrimination, harassment, and bullying based on any protected status are strictly prohibited.  This policy applies to all school programs, activities, and employment practices, both on and off campus, and affirms equal opportunity and access for all students and staff. ENCSD will not tolerate any unlawful or inappropriate conduct that interferes with a student’s ability to learn or a staff member’s ability to work.

This policy is established to comply with all applicable federal and state laws, including but not limited to:

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.; 34 C.F.R. Part 100) – Prohibits discrimination based on race, color, or national origin in programs or activities receiving federal financial assistance.

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.’ 34 C.F.R. Part 106) – Prohibits discrimination based on sex in education programs and activities receiving federal financial assistance.

Section 504 of the Rehabilitation Act of 1973 (26 U.S.C. § 794; 34 C.F.R. Part 104) – Prohibits discrimination based on disability.

Americans with Disabilities Act (ADA; 42 U.S.C. § 12101 et seq.; 28 C.F.R. Part 35) – Prohibits discrimination based on disability.

Individuals with Disabilities Education Act (IDEA; 20 U.S.C. § 1400 et seq.; 34 C.F.R. Part 300) – Ensures special education and related services for eligible children with disabilities.

Family Educational Rights and Privacy Act (FERPA; 20 U.S.C. § 1232g; 34 C.F.R. Part 99) – Protects the privacy of student education records.

NC General Statues §§ 115C-407.15 – 407.18 (School Violence Protection Act) – Prohibits bullying and harassing behavior in public schools.

NC General Statutes § 126.14.6 – Ensures dignity and nondiscrimination in state workplaces

NC Constitution, Article I, Section 1: Guarantees equality and rights of all persons.

II. Definitions

  • Discrimination:
    Any act or failure to act that unreasonably and unlawfully differentiates treatment of a person based on race, color, national origin (as prohibited by Title VI), sex (as prohibited by Title IX), gender identity or expression, sexual orientation, pregnancy, religion, age, disability (as prohibited by Section 504 and ADA), or other protected class under law.
  • Harassment:
    Unwelcome conduct—verbal, nonverbal, or physical—based on a protected class that creates a hostile or intimidating environment and interferes with a person’s ability to learn or work, as addressed under Title VI, Title IX, Section 504, and ADA.
  • Bullying:
    Repeated conduct intended to intimidate, ridicule, humiliate, or cause harm. This includes cyberbullying and may be verbal, physical, emotional, or psychological. Prohibited under NC General Statutes §§ 115C-407.15–407.18.
  • Sexual Harassment:
    Unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature that affects access to education or employment, as defined under Title IX (34 C.F.R. § 106.30).
  • Hostile Environment:
    A situation where harassment is severe, persistent, or pervasive enough to create an intimidating, threatening, or abusive environment, as defined in federal regulations (e.g., 34 C.F.R. § 106.30 for Title IX).

III. Prohibited Conduct

The following conduct is strictly prohibited:

  1. Discrimination against students or employees based on race, color, religion.
  2. Discrimination against students or employees based on race, color, or national origin, as prohibited by Title VI of the Civil Rights Act of 1964.
  3. Discrimination against students or employees based on sex (including sexual orientation, gender identity, and gender expression), as prohibited by Title IX of the Education Amendments of 1972.
  4. Discrimination based on disability, as prohibited by Section 504 of the Rehabilitation Act of 1973 and the ADA.
  5. Harassment that creates a hostile educational or work environment, as defined by federal and state law.
  6. Bullying and Cyberbullying of any student or staff member by any individual, including but not limited to students, employees, volunteers, or third parties, as prohibited by NC General Statutes §§ 115C-407.15–407.18.
  7. Retaliation against any individual who reports, files a complaint, or participates in an investigation of discrimination, harassment, or bullying, as prohibited by all referenced federal and state laws.

IV. Reporting Procedures

A. For Students

  • Students are encouraged to report concerns to any staff member or directly to the school Social Worker, Principal.
  • Reports may be made orally or in writing, including anonymously, as permitted under Title IX and Title VI regulations.
  • School personnel who receive a report are required to notify the school Social Worker or designee immediately.

B. For Employees

  • Employees must report incidents of discrimination, harassment, or bullying to their immediate supervisor, the Human Resources Manager, or the Superintendent.
  • Reports involving students must also be shared with the School Social Worker.
  • Contact Information for Coordinator:

    • Title IX Coordinator: 

      Cheryl Iannucci – ENCSD Superintendent

      Telephone number: 252-206-7342 

      Email: cheryl.iannucci@encsd.k12.nc.us

      Address: Eastern North Carolina School for the Deaf

                      1311 US-301S

    Wilson, NC 27893

  • Contact information must be posted on the ENCSD website and in handbooks, as required by 34 C.F.R. § 106.8 (Title IX) and 34 C.F.R. § 104.7 (Section 504).
  • ENCSD will accept and investigate reports made in any language or communication mode accessible to the reporter, including American Sign Language.

V. Investigation

ENCSD will investigate all allegations of discrimination, harassment, or bullying promptly, impartially, and thoroughly in accordance with federal and state law.

  1. Interim Measures: May be taken to protect the complainant during the investigation, as required under Title IX (34 C.F.R. § 106.44).
  2. Confidentiality: Will be maintained to the extent possible under law, including FERPA and Title IX.
  3. Documentation: Findings will be documented, and corrective action will be taken where appropriate.  ENCSD will provide written notice of the outcome of the investigation to all parties, consistent with FERPA and other privacy laws.
  4. Title IX Compliance: For Title IX complaints, procedures will comply with the Title IX grievance process requirements (34 C.F.R. § 106.45), regardless of law enforcement involvement.

VI. Disciplinary Action

Disciplinary actions will be implemented in accordance with due process rights and applicable ENCSD grievance procedures.  If a violation of this policy is found, ENCSD will take appropriate corrective action, which may include:

  • Counseling or training
  • Reassignment or suspension
  • Termination or expulsion
  • Referral to law enforcement when required by law

VII. Protection Against Retaliation

Retaliation against anyone who, in good faith, reports or participates in an investigation of prohibited conduct is strictly prohibited. Any act of retaliation will result in disciplinary action, as required by Title VI (34 C.F.R. § 100.7(e)), Title IX (34 C.F.R. § 106.71), Section 504, and state law.

VIII. Notification and Training

ENCSD will:

  1. Annually distribute this policy to students, parents, and staff, and post it on the school website, as required by Title IX (34 C.F.R. § 106.8).
  2. Provide annual training to staff on this policy, including specific examples of prohibited behaviors and how to recognize, prevent, and respond to discrimination, harassment, and bullying, as required by Title IX and Section 504.  All training will be accessible to all staff, including those with disabilities.
  3. Offer age-appropriate education to students on bullying prevention and respectful behavior.  All training will be accessible to all students, including those with disabilities.
  4. Ensure all students, parents, and staff are informed of how to file complaints and access grievance procedures.

IX. Title IX and Title VI Compliance

Title VI Compliance:
ENCSD complies fully with Title VI of the Civil Rights Act of 1964, which states:

“No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” (42 U.S.C. § 2000d; 34 C.F.R. § 100.3)

Title IX Compliance:
ENCSD complies fully with Title IX of the Education Amendments of 1972, which states:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” (20 U.S.C. § 1681(a); 34 C.F.R. § 106.31)

The Office for Civil Rights (OCR) of the U.S. Department of Education enforces both Title VI and Title IX. All allegations of discrimination covered by these laws will be investigated promptly and addressed according to the procedures in this policy.

X. Grievance Procedures

Grievance procedures are available for any individual who wishes to contest the outcome of an investigation or raise concerns about the application of this policy. These procedures are outlined in the ENCSD Student/Family Handbook and Staff Handbook and are available at www.encsd.net, as required by Title IX (34 C.F.R. § 106.8) and Section 504 (34 C.F.R. § 104.7).

XI. Legal References

  • Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.; 34 C.F.R. Part 100
  • Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.; 34 C.F.R. Part 106
  • Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; 34 C.F.R. Part 104
  • Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.; 28 C.F.R. Part 35
  • Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.; 34 C.F.R. Part 300
  • Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 C.F.R. Part 99
  • NC General Statutes §§ 115C-407.15–407.18 (School Violence Prevention Act)
  • NC General Statutes § 126-14.6
  • NC Constitution, Article I, Section 1
  • NC DPI Policy Manual and Reporting Procedures

At this time, all ENCSD students with disabilities are served under the Individuals with Disabilities Education Act (IDEA) and have Individualized Education Programs (IEPs). However, this policy references Section 504 of the Rehabilitation Act of 1973 to ensure compliance with all federal nondiscrimination requirements, as students with IEPs are also protected under Section 504. This policy will continue to apply to any future students who may be eligible under Section 504 only.

Policy