Discussion Question – Affirmative Action

Appendix MMM-12-10 June 27, 2011 Affirmative Action/ Equal Employment Opportunity Plan Madison Metropolitan School District Madison, Wisconsin Plan Years: September 1, 2011 – December 31, 2016 Superintendent Daniel A. Nerad Affirmative Action Officer Amos Anderson Appendix MMM-12-10 June 27, 2011 TABLE OF CONTENTS PAGE Introduction i A. Memo from the Superintendent ii Section I. Affirmative Action Policy Statement 1 Section II. Nondiscrimination Policy 2 Section III. Harassment Policy 4 Section IV. Discrimination Complaint Procedures 6 Section V. Dissemination of AA/EEO Plan, the Affir mative Action 9 Policy Statement, the Nondiscrimination Policy St atement and the Discrimination Complaint Procedure Section VI. Responsibility and Accountability 11 Section VII. Employment Procedures 15 Section VIII. Reasonable Accommodation for Persons with Disabilities 17 Section IX. Internal Audit and Reporting System 18 Section X. Compliance with Guidelines on Discrimin ation Because of Religion, National Origin or Gender 18 Section XI. Questions and Answers 19 APPENDIX A: Labor Force Identification 24 APPENDIX B: Identification of the Problem Areas, Goals and Acti on Plans 41 APPENDIX C: Appendix MMM-12-10 June 27, 2011 Definitions 43 INTRODUCTION This is a five year Affirmative Action/Equal Employ ment Opportunity Plan (hereinafter the “AA/EEO Plan”) for the Madison Metropolitan School District . The Madison Metropolitan School District (hereinafter the “District”) is located in the sout h central part of the State of Wisconsin. It is the second largest school district in Wisconsin and serves abo ut 25,000 students. The District has 48 schools, wh ich include 32 elementary (K-5) schools, 11 middle (6-8 ) schools, 5 high schools and several alternative programs. The District covers approximately 65 squa re miles and employs approximately 4900 persons. The purpose of this AA/EEO Plan is to set forth the policies and procedures by which the District will implement its Affirmative Action Program. The poli cies and procedures may include, but are not limited to, recruitment, training, hiring, appointment, pro motion, testing, retention, interviewing, employmen t, career development, layoff, compensation, transfer, employee benefits, discipline, and termination. It should be noted that this Plan does not provide pre ferential treatment to any person or persons.

S PECIFICALLY , THE AA/EEO PLAN :

A. Identifies individuals who are responsible for i mplementing the requirements, provisions and mandates that are set forth in the AA/EEO Plan.

B. Provides a workforce analysis, availability anal ysis and utilization analysis to identify job groups in which women and minorities are underrepresented. C. Establishes employment goals for women and minor ities in those job groups in which women and minorities are underrepresented.

D. Identifies actions to be taken by the District t o reach the employment goals.

Anyone, including parents, employees, persons repre senting organizations, etc., should contact the District's Affirmative Action Office at 608/663-153 0 (voice) or 608/663-5232 (TTY) to request information regarding the District's AA/EEO Plan. Written requests should be directed to the Affirmative Action Officer at the address below. Affirmative Action Office Phone 608/663-1530 (V) o r TTY 608/663-5232 Madison Metropolitan School District Fax 608/204-0 343 545 West Dayton Street, Rm. 221 Madison, WI 53703-1995 i Appendix MMM-12-10 June 27, 2011 TO: S CHOOL DISTRICT STAFF AND COMMUNITY MEMBERS FROM: DANIEL A. NERAD, S UPERINTENDENT RE: A FFIRMATIVE ACTION As the Superintendent of the District, I am committ ed to the principles and philosophy of Affirmative Action and Equal Employment Opportunity. The AA/EEO Plan has my approval and support, including fiscal and staff resources to accomplish the object ives in this AA/EEO Plan. The policies and practic es of the District are designed to comply with all laws r elated to equal employment opportunity and I am committed to ensuring equal opportunity. To that e nd, the Deputy Superintendent, Assistant Superintendents and other District staff members ma y be assigned specific responsibility to ensure that personnel and employment-related activities are con ducted in a manner that assures equal employment opportunity. The District has assigned the primary responsibilit y for affirmative action to the Affirmative Action Officer. The Affirmative Action Officer is respons ible for recommending affirmative action policies a nd programs, providing technical assistance and monito ring and evaluating the implementation of the District's Affirmative Action program. The Affirma tive Action Officer has direct access to me to ensure District-wide visibility and accountability of the Affirmative Action Program. The performance of management will continue to be evaluated at least a nnually and twice yearly, when possible, against criteria developed by the District, to implement th e Board of Education’s AA/EEO Plan.

ii M EMO Appendix MMM-12-10 June 27, 2011 1 S ECTION I . AA/EEO POLICY STATEMENT It is the policy of the Madison Metropolitan School District (District) to implement affirmative action measures designed to eliminate present effec ts of past discrimination and to ensure equal employment opportunities for racial/ethnic minoriti es, women and persons with disabilities. The District recognizes the need to take affirmative st eps to identify job groups that show the underutilization of racial/ethnic minorities and wo men. This involves setting reasonable employment goals and timetables for increasing the employment of women and minorities in job groups in which they are underutilized and developi ng a plan of action to enable the District to reach its employment goals. The District also recognizes that affirmative actio n in an educational system should do more than provide equal employment opportunities. It is the policy of the Board of Education to ensure that each school or educational facility in the Dis trict has a pluralistic staff. The intent of this AA/EEO Plan is to ensure that employees and/or appl icants for employment are provided equal opportunity. The AA/EEO policy covers all aspects of employment, including, but not limited to, recruitment, training, testing, interviewing, h iring, career development, transfer, promotion, termination, layoff, recall from layoff, compensati on and employee benefits. The Superintendent assumes overall responsibility f or the implementation of the District’s Affirmative Action Plan. The Superintendent has de legated primary responsibility for the administration of the AA/EEO Plan to the Affirmativ e Action Officer. All District employment policies, practices, and pr ocedures will be examined periodically to ensure they are nondiscriminatory. These policies, practices and procedures are to be implemented by all administrative personnel, direct ors, personnel officers and anyone else who has responsibility for personnel functions. The fu ll cooperation, support and good faith efforts of the entire District staff are essential to the succ ess of the affirmative action plan. Equal employment opportunity and affirmative action are t he responsibility of the entire District’s workforce. Hiring racial, ethnic group members and women is on e of the most important ways to measure the success of an affirmative action plan. Therefo re, the District's progress toward the full realization of equal employment opportunity for all employees will be monitored and reported to the Superintendent of Schools on a quarterly basis by the Affirmative Action Officer. The quarterly report shall include a workforce analysis of all employees by race, ethnicity and gender. The Superintendent of Schools will provide a workforce analysis report annually to the Board of Education. An advisory committee composed of citizens of the c ommunity will assist in the evaluation of the AA/EEO Plan. The Affirmative Action Advisory C ommittee will meet as needed and make recommendations to the Superintendent. Appendix MMM-12-10 June 27, 2011 2 S ECTION II. N ONDISCRIMINATION POLICY A. Policy-Prohibition Against Discrimination 1. With respect to employment and personnel operati ons, the District does not discriminate based on religion, race, color, national origin, an cestry, age, sex, physical appearance, marital status, handicap, disability, arrest or con viction record, political belief, sexual orientation, gender identity, gender expression, le ss than honorable discharge, source of income, association with a person with a disability or the fact that an individual is a student. Employees shall function in a harassment-f ree work environment and enjoy working conditions free from physical, verbal or ps ychological harassment. (Title VII of the Civil Rights Act of 1964; Americans with Disabi lity Act {ADA} of 1990 as amended 2008; S111.36 Wis. Stat.; Mad. Ord. 39.03 1).

2. With respect to educational programs, no person shall be denied admission to any District school, or be denied participation in, be denied th e benefits of, or be discriminated against in any curricular, extracurricular, pupil s ervices, recreational or other program or activity because of the person’s sex, race, nationa l origin, religion, ancestry, creed, pregnancy, marital or parental status, sexual orien tation, gender identity, gender expression or disability including his/her physical , mental, emotional or learning disability (§118.13 Wis. Stat.; Mad. Ord. 39.03).

[NOTE: The City of Madison defines gender expression in Ma dison City Ordinance Sec. 39.03 (2) (t) as follows: Gender Identity is the actual or perceived condition, status or act s of 1) identifying emotionally or psychologically with the sex other than one’s biological or legal sex at birth, whether or not th ere has been a physical change of the organs of sex; 2) presenting and/or h olding oneself out to the public as a member of the biological sex that w as not one’s biological or legal sex at birth; This means that gender identity refers to an indivi dual’s fundamental sense of themselves as being male or female, mascul ine or feminine. Gender identity does not always correspond to biolo gical sex.

The City of Madison’s Ordinance Sec. 39.03 (2) (t) continues its definition of gender identity with an explanation o f what is referred to as gender expression. 3) lawfully displaying physical characteristics and /or behavioral characteristics and/or expressions which are widely perceived as being more appropriate to the biological or legal s ex that was not one’s biological or legal sex at birth, as when a m ale is perceived as 1 The District is currently involved in litigation c oncerning whether the Madison City Ordinances are a pplicable to the District. At the conclusion of the litigation this Plan may be revised to reflect the outcome of that litigation. Appendix MMM-12-10 June 27, 2011 3 feminine or a female is perceived as masculine; and /or 4) being physically and/or behaviorally androgynous. This means that gender expression refers to the thi ngs like clothing and behavior that manifest a person’s fundamental sense of themselves as masculine or feminine, and male or female. This ca n include but not be limited to dress, posture, hairstyle, jewelry, and vocal inflection.

This policy also prohibits all forms of unlawful di scrimination as defined under applicable federal, state and local laws. 3. The MMSD Board of Education’s Philosophy of Edu cation, Section 6, and Board Policy Statement II. A .2 expressly prohibits discriminat ion against students. Such policy statement of non-discrimination with regard to stud ents includes, but is not limited to, the following areas:

a. Admission or enrollments into any school, class, courses, program or activity. [This does not prohibit placing a pupil in a school, clas s, program, or activity based upon objective standards of individual performance or ne ed.] b. Interactions in the classroom, counseling, as we ll as with other support staff.

c. Standards and rules of behavior including pupil harassment.

d. Disciplinary actions, including suspensions and expulsions.

e. Acceptance and administration of gifts, bequests , scholarships and other aids, benefits, awards or services to pupils from private agencies, organizations or persons.

f. Instructional and library media materials select ion.

g. Methods, practices and materials, attitudes and interpretations used for testing, assessment, evaluating and counseling pupils. (Thi s does not prohibit the use of special testing or counseling materials or techniqu es to meet the individual needs of pupils.) h. Facilities. i. Opportunity for participation in athletic progra ms or activities.

j. School sponsored food service programs. k. Graduation requirements.

Appendix MMM-12-10 June 27, 2011 4 S ECTION III. H ARASSMENT POLICY A. Policy 1. The District is committed to the provision of a professional, harassment-free environment for employees, job applicants, students of the Dist rict, and to all persons who seek or receive services from the District or its contracto rs. The Board considers all forms of harassment, including hazing, to be unacceptable be havior because it undermines productivity in the work and academic environments, degrades, intimidates, isolates and is discriminatory. Harassment infringes upon the ri ghts of all and creates a hostile environment for learning and working. To ensure that all employees and students work and study in an environment free of all forms of harassment, the Board expressly prohibits harassment based on race, creed, color, sex, national origin, marital status, handic ap/ disabilities, religion, age, ancestry, sexual orientation, arrest/conviction record, sourc e of income, association with a person with a disability, physical appearance, student sta tus, political beliefs, less than honorable discharge, gender identity, gender expression and w ill take all the necessary steps to prevent such harassment from occurring. Any employee or student who engages in any form of harassment will be disciplined by the appropriate authorities. [NOTE: The City of Madison defines gender expression in Ma dison City Ordinance Sec. 39.03 (2) (t) as follows:

Gender Identity is the actual or perceived condition, status or act s of 1) identifying emotionally or psychologically with the sex other than one’s biological or legal sex at birth, whether or not th ere has been a physical change of the organs of sex; 2) presenting and/or h olding oneself out to the public as a member of the biological sex that w as not one’s biological or legal sex at birth; This means that gender identity refers to an indivi dual’s fundamental sense of themselves as being male or female, mascul ine or feminine. Gender identity does not always correspond to biolo gical sex.

The City of Madison’s Ordinance Sec. 39.03 (2)(t) c ontinues its definition of gender identity with an explanation of what is r eferred to as gender expression. 3) lawfully displaying physical characteristics and /or behavioral characteristics and/or expressions which are widely perceived as being more appropriate to the biological or legal s ex that was not one’s biological or legal sex at birth, as when a m ale is perceived as feminine or a female is perceived as masculine; and /or 4) being physically and/or behaviorally androgynous. Appendix MMM-12-10 June 27, 2011 5 Harassment is defined as: Unwanted, deliberate or repeated unsolicited comments (oral or written), gestures, graphic mater ial, physical contacts, verbal/nonverbal or physical conduct directed to an individual because of his/her membership in a protected class constitute harassment when this conduct:

1) Has the purpose or effect of creating an intimid ating, hostile or offensive working or educational environment; or 2) Has the purpose or effect of unreasonably or sub stantially interfering with an individual’s work or student’s performance in school, including his/her performance in curricular , extracurricular, and nonacademic activities; or 3) Otherwise adversely affects an individual’s empl oyment or a student’s opportunities in curriculum, extracurricu lar, and nonacademic activities; or 4) Submission to the conduct is made either explici tly or implicitly, a term or condition of an individual’s employment; or a student’s opportunity to obtain an education; or 5) Submission to or rejection of the conduct by an individual is used as the basis for employment decisions affecting the individual or as a factor in decisions affecting the student’s educa tion; or 6) Is sufficiently severe, persistent or pervasive that it adversely affects (1) a student’s ability to participate in o r benefit from an educational program or activity or (2) an individua l’s ability to work.

2. Examples of sexual and other forms of harassment ma y include but not limited to:

a. Unwanted physical contact including touching, pinch ing and/or brushing the body.

b. Indecent exposure, including lewd and lascivious be haviors.

c. Persistent requests for social/sexual encounters an d favors.

d. Making inappropriate statements or jokes about stud ents or staff because of their gender, disability, sexual preference or religion.

e. Basing a personnel decision on an individual provid ing sexual favors, or an individual’s ancestry, age, political beliefs, sexu al orientation, physical appearance, gender, race, religion or other protected classific ation as set forth above.

f. Displaying graphic, sexually explicit objects, post ers or pictures that show adolescents, women, and racial minorities, people w ho have disabilities or students in a degrading or humiliating manner.

g. Obscene gestures, nonverbal suggestive behavior (le ering) or insulting sounds (whistling). Appendix MMM-12-10 June 27, 2011 6 h.

Transmitting sexually inappropriate and/or unwanted messages or pictures via any electronic devices.

3. Any person who believes that he/she has been har assed may file a complaint with the Affirmative Action Officer of the District in accor dance with the complaint procedure outlined in Section IV of this AA/EEO Plan.

4. Notification procedures of the Board's policy ag ainst illegal harassment are set forth in Section V of this Plan.

S ECTION IV. D ISCRIMINATION COMPLAINT PROCEDURES A. Procedures for Resolution of Complaints 1. Applicability a. Anyone, including an employee, applicant for emp loyment, student, parent or resident of the District, etc., who believes he/she has been discriminated against may file a complaint.

b. Prior to the time a complaint has been filed, th e Title IX/Affirmative Action Coordinator may meet with the person who believes h e/she has been discriminated against. The purpose of such a meeting is to (1) e xplain this policy and procedure and (2) provide information that is in the District 's possession that the person is legally entitled to receive.

2. Filing of Complaint a. The complainant shall sign a written complaint a nd file with the Title IX/Affirmative Action Coordinator (1) within 300 days after the al leged act(s) occurred or (2) within 300 days of the last occurrence of an ongoing cours e of action . The Title IX/Affirmative Action Coordinator is located at the District’s Administration Office, 545 W. Dayton Street, Room 221, Madison WI 53703-19 95 (Telephone: 663-1530 (V) or 663-5232 (TTY).

A complaint shall be deemed filed on the date rece ived if delivered, or on the date postmarked if addressed by mail.

c. The Title IX/Affirmative Action Coordinator shal l send to the complainant a written acknowledgment of the receipt of the complaint as s oon as is practicable, but within ten (10) working days.

d. The Title IX/Affirmative Action Coordinator shal l establish a complaint file. The file shall contain documents pertinent to the complaint. The file should include but is not limited to: (1) the complaint, (2) documents compi led as part of the investigation and Appendix MMM-12-10 June 27, 2011 7 (3) a statement of resolution. Files should be mai ntained confidentially for at least six years.

e. The Title IX/Affirmative Action Coordinator will gi ve or send every complainant a copy of a prepared statement outlining the complain ant’s rights and options under applicable local, state and federal anti-discrimina tion laws. The statement will include information about how to access administrat ive agencies that enforce non- discrimination laws (i.e . Department of Civil Rights Equal Opportunities Di vision (DCR) www.cityofmadison.com/eoc , Department of Workforce Development ( DWD ) www.dwd.state.wi.us , Division of Equal Rights Office for Civil Rights, Region V ( OCR) www.ed.gov , and Equal Employment Opportunity Commission ( EEOC ) www.eeoc.gov , etc). This information is intended to assist the complainant and is not all-inclusive. The statement will advis e the complainant to seek assistance in determining any of his/her rights by contacting the enforcement agencies or his/her lawyer. 3. Confidentiality and Recrimination a. It is the policy of the District to keep the ide ntity of the complainant confidential unless there are compelling reasons to disclose suc h identity. If there are compelling reasons to disclose the identity of the complainant , then the complainant shall be asked if he/she wants his/her identity disclosed. If the complainant does not want his/her identity disclosed, then the identity of th e complainant shall be kept confidential. Should the complainant wish to keep his/her identity confidential, and should it become impossible to process or investiga te the complaint as a result of the complainant not disclosing his/her identity, then t he complaint may be dismissed.

b. No District employee shall attempt to restrain, interfere with, coerce, discriminate, or retaliate against the complainant(s) and their witn esses during or after the presentation, processing and resolution of a compla int.

4. Informal Complaint Resolution a. The District shall provide an opportunity for a resolution of the complaint on an informal basis after the complaint has been filed.

b. For the informal resolution of a complaint, the Title IX/Affirmative Action Officer shall act as a facilitator if the complainant wishe s to resolve the matter short of a full investigation. The Title IX/Affirmative Action Officer shall reque st the person who is alleged to be discriminating to seek a solution of the matter on an informal basis, and to respond to the complainant within 20 working days. . c. If the alleged discriminating employee chooses n ot to respond to the request for an informal complaint resolution, then a formal invest igation will be conducted unless otherwise agreed to by the complainant and the Titl e IX/Affirmative Action Coordinator . Appendix MMM-12-10 June 27, 2011 8 d. If the complainant is satisfied with the respons e to the request for an informal complaint resolution and an informal resolution of the complaint is arrived at, the terms of such resolution shall be reduced to writin g and made a part of the complaint file. If the complainant is not satisfied with the response, then the Title IX/Affirmative Action Coordinator shall proceed wit h the investigation.

5. Investigation a. The District shall provide a prompt, complete , and impartial investigation of the complaint. In most cases, the Title IX/Affirmative Action Coordinator will conduct the investigation. In some cases, the investigatio n may be conducted by an investigative team or outside consultant. The inve stigative team may consist of the Affirmative Action Officer, the Title IX Officer, the Human Resources/Labor Relations staff and Legal Counsel. In all cases, the investigation shall be conducted in conjunction with the District’s Legal Counsel an d/or the Director of Labor Relations. b. The investigation shall include a thorough revie w of the circumstances under which the alleged discrimination occurred and any policies and practices related to the situation. The investigation may also include, but is not limited to, the review of various documents and information acquired during t he investigation, written or oral statements from witnesses, copies of or extracts fr om records, policy statements, on site visits or regulations of the District. 6. Determination and Appeal a. After the investigation is completed, the invest igator shall inform the Superintendent or Superintendent's designee of his/her determinati on of the complaint. The Superintendent or Superintendent's designee shall i nform the Title IX/Affirmative Action Coordinator of the District's position on su ch determination of the complaint and the Superintendent or the Superintendent's desi gnee shall communicate in writing such determination of the complaint to the complain ant and respondent(s) within ninety (90) days from the time the complaint is fil ed unless an extension is agreed to by both parties.

b. After the complainant receives the Superintenden t or Superintendent's designee written determination of the District's position, t he complainant and/or respondent may request reconsideration of the District's posit ion. The reconsideration request must be filed within twenty (20) working days after receipt of the determination. The written request for reconsideration must contain a statement as to why the complainant and/or respondent is not satisfied with the decision. The Superintendent or Superintendent's designee will send the complain ant and/or respondent a written Appendix MMM-12-10 June 27, 2011 9 acknowledgment within twenty (20) days after the Su perintendent receives the reconsideration request.

c. In those cases in which the complainant and/or r espondent is not satisfied with the District’s position and requests reconsideration of the decision, the District will provide the complainant and/or respondent with a co py of the investigative report. In instances in which the investigative report contain s personal or confidential subject matter, the District may refuse to make available t he investigative report, but will provide a synopsis of the report excluding personal or confidential materials.

d. If the complaint was filed pursuant to Wis. Stat . §118.13 (Pupil Discrimination), the Superintendent or Superintendent's designee will in clude in his/her letter to the complainant the fact that the complainant has a rig ht to appeal its decision to the State Superintendent of Public Instruction. The complain ant has thirty (30) days from the time he/she receives the Superintendent or Superint endent's designee's decision to appeal to the State Superintendent of Public Instru ction.

S ECTION V. D ISSEMINATION OF THE AA/EEO PLAN , THE AFFIRMATIVE ACTION POLICY S TATEMENT , THE NONDISCRIMINATION POLICY STATEMENT AND THE D ISCRIMINATION COMPLAINT PROCEDURE A. Dissemination of the AA/EEO Plan and the Affirma tive Action Policy Statement 1. The District will include the phrase "an equal empl oyment opportunity/affirmative action employer" in all job announcements.

2. The AA/EEO Policy Statement will be posted on perso nnel and other relevant bulletin boards in all locations for informational purposes. 3. The Department of Human Resources in conjunction with the Affirmative Action Office will coordinate employee orientation and management /supervisory-training programs at the District level that will include a discussion o f the AA/EEO Plan and Affirmative Action Policy Statement, as well as information reg arding employees who have responsibilities for the implementation of the AA/E EO Plan.

4. The District will include appropriate language in c ontracts and grants regarding equal opportunity in employment.

5. The Superintendent will discuss with the District’s Management Team the Superintendent's commitment to equal employment opp ortunity and affirmative action, the intent of the Affirmative Action Policy Stateme nt and his/her responsibility for the effective implementation of the AA/EEO Plan.

Appendix MMM-12-10 June 27, 2011 10 6. Principals will discuss with their management staff the Superintendent's and their commitment to equal employment opportunity and affi rmative action, the intent of the Affirmative Action Policy Statement and their respo nsibility for the effective implementation of the AA/EEO Plan.

7. The District will inform through written publicatio ns about equal employment opportunity and affirmative action programs, progre ss made in the District’s Affirmative Action program, and promotions or other achievement s of employees who are racial/ethnic minorities, women and persons with di sabilities.

8. The District will communicate the existence of i ts equal employment opportunity and affirmative action programs in the policy and proce dure manual. Employees will be advised of the program and how information can be o btained about such programs.

9. Copies of the AA/EEO Plan will be available at t he following places:

Madison Public Library All MMSD departments and schools District's Affirmative Action Office District’s Web Site B. Dissemination of the Nondiscrimination Policy an d Complaint Procedure Notices shall be given annually of the District's N ondiscrimination Policy and Complaint Procedure to students, parents, employees, applican ts seeking employment, unions and professional organizations that have agreements wit h the District, and the community.

1. Notification-Nondiscrimination Policy The following people have annual responsibility in the notification process:

a. Each principal will include the District’s Nondi scrimination Policy in the first issue of the school newsletter.

b. The Administrator who is responsible for dissemi nating public information will provide public notice of the District's Nondiscrimi nation Policy.

c. The Director of Human Resources will notify all persons seeking employment by posting the Nondiscrimination Policy and including a statement of "Equal Opportunity Employer" on job applications.

d. The Assistant Superintendent for Business Servic es will notify vendors seeking to do business with the District of the District’s Nondis crimination Policy.

Appendix MMM-12-10 June 27, 2011 11 e. The Director of Labor Relations will notify all unions and professional organizations that have agreements with the District of the Distr ict’s Nondiscrimination Policy.

f. All persons who publish major publications will include the following statement of nondiscrimination on the title or cover page of eac h publication:

The Madison Metropolitan School District does not d iscriminate in its educational programs, related activities (including School – Co mmunity Recreation) and employment practices as applicable to local, state and federal laws.

g. The Title IX/ Affirmative Action Officer will distribute to employees pamphlets, which provide a notification of the District’s Nond iscrimination Policy, as well as information about affirmative action and sexual har assment.

h. The Title IX /Affirmative Action Officer will make available the District’s Nondiscrimination Policy, as well as material which provides information about Title IX and Wis. Stat. § 118.13.

2. Notification of the Complaint Procedure The following people have annual responsibility in the notification process:

a. The Title IX/Affirmative Action Officer will po st information about the Complaint Procedure in all administrative departments and sch ools. Notices that are made available to the public shall be in alternate forma ts. The Affirmative Action Officer will make available a telephone number that shall b e TTY accessible.

b. Each principal will annually include information about the Complaint Procedure along with the District’s Nondiscrimination Policy statement in the first issue of the school newsletter and in the student and staff hand books, course selection handbooks and other published materials distributed to the pu blic describing school activities and opportunities.

c. The Administrator responsible for disseminating public information for the District will annually provide public notice of the Complain t Procedure, including the name, address and telephone number of the Title IX/Affirm ative Action Officer with whom anyone can file a complaint of discrimination. The notice shall be a Class I Legal notice under Chapter 985, Wis. Stat.

S ECTION VI. R ESPONSIBILITY AND ACCOUNTABILITY A. The Superintendent Appendix MMM-12-10 June 27, 2011 12 The Superintendent of Schools is ultimately respons ible and accountable to the Board for the AA/EEO Plan and its implementation. The Superinten dent or his/her designee is responsible for providing information to governmental agencies that are empowered to audit and review the Affirmative Action Program of the District.

In order to implement this program, the Superintend ent shall:

1. Appoint an Affirmative Action Officer to develop and supervise the day-to-day administration of the AA/EEO Plan; 2. Present an AA/EEO Plan to the Board of Education for its adoption; 3. Receive a quarterly workforce analysis report fr om the Affirmative Action Officer and make an annual workforce analysis report, including any recommendations, to the Board of Education; 4. Provide administrative guidance and direction ne cessary to implement the AA/EEO Plan; 5. Assign responsibility to appropriate staff to fa cilitate the implementation of the AA/EEO Plan; 6. Evaluate the Superintendent’s direct reports’ to determine whether they have addressed the goals and objectives incorporated in the AA/EEO Plan.

7. Meet as necessary with appropriate advisory comm ittees to get advice and recommendations regarding affirmative action.

B. The Affirmative Action Officer The Affirmative Action Officer is accountable to th e Superintendent and is responsible for facilitating and coordinating the implementation of the AA/EEO Plan. 1. Reporting The Affirmative Action Officer is responsible for t he implementation of the auditing and reporting system which:

a. Maintains and monitors accurate and up-to-date r ecords of all applicants, referrals, hires, promotions, transfers and terminations by ra ce, sex and disability to ensure that all employees are treated in a nondiscriminatory fa shion; b. Reviews job postings, and selection, promotion a nd training procedures to ensure that they are nondiscriminatory and available in an acce ssible format; c. Informs on a regular basis, the Superintendent o f the effectiveness of the AA/EEO Plan and makes recommendations for improvements, if necessary; and Appendix MMM-12-10 June 27, 2011 13 d. Provides quarterly reports, which include a work force analysis that shows the number of minorities and women employees in each of six (6 ) major job groups in the District. 2. Planning a. The Affirmative Action Officer will meet regular ly with supervisory personnel to plan strategies to accomplish the District's affirm ative action goals.

b. The Affirmative Action Officer will annually plan f or and prepare an availability and utilization analysis, which the District can identi fy areas of underutilization of women and racial/ethnic group members. 3. Auditing a. The Affirmative Action Officer will periodically audit applicant flow data to measure the extent to which racial/ethnic group members and women are applying for jobs in the District and whether they are appropriately pro gressing through the District’s hiring procedure.

b. The Affirmative Action Officer will periodically audit all applicant pools, candidate pools, screening and selection procedures to ensure racial/ethnic group members and women are represented in a way that is consistent w ith their availability in the relevant labor market area(s).

c. The Affirmative Action Officer may conduct other internal audits as required to determine: -the effectiveness of the AA/EEO Plan, -the degree to which the District’s goals and objec tives have been achieved, and, -the need for a plan of action.

4. Liaison a. The Affirmative Action Officer acts as a liaison be tween the District, community organizations and other interest groups relative to affirmative action issues.

b. The Affirmative Action Officer serves as a liaison with governmental compliance agencies.

c. The Affirmative Action Officer will serve as a staf f liason to the Affirmative Action Advisory Committee, provide current information to the Committee on the progress of affirmative action in the District, and discuss matters of concern the Committee may raise.

Appendix MMM-12-10 June 27, 2011 14 5. Providing Technical Assistance a. The Affirmative Action Officer will provide technic al assistance specifically to the Department of Human Resources and other organizatio nal units within the District with respect to Affirmative Action issues.

b. The Affirmative Action Officer will keep managers i nformed of the latest developments with regard to equal employment opport unity. The Affirmative Action Officer will conduct regular discussions with manag ers, supervisors and employees to ensure that District policy and affirmative action program objectives are being achieved.

c. The Affirmative Action Officer will identify proble ms and assist management in arriving at solutions to such problems.

d. The Affirmative Action Officer will work with th e District’s Recruiter to develop strategies when there is a job group in which racia l/ethnic group members or women are underrepresented based upon a comparison of the ir availability in the relevant labor market area(s). 6. Complaint Resolution a. The Title IX/Affirmative Action Coordinator: (1) Provide technical assistance to supervisors in resolving complaints/inquiries at the building level.

(2) Serve as intake for all formal and informal dis crimination complaints.

(3) Provide for a prompt, complete and impartial in vestigation of discrimination complaints.

(4) Inform the Superintendent or Superintendent's d esignee of his/her determination of the complaint.

(5) File with the State Superintendent of Public In struction the annual compliance report including the name of the employee designate d to receive complaints along with the number of complaints received during the year and a description of the complaints and their status relative to pupi l nondiscrimination.

(6) File with the Superintendent and the Affirmativ e Action Advisory Committee an annual report on the type/status of all discrimi nation complaints.

C. The Superintendent's Management Team Appendix MMM-12-10 June 27, 2011 15 It shall be the responsibility of the Superintenden t's Management Team to support the implementation of the AA/EEO Plan by providing advi ce to the Superintendent and the Affirmative Action Officer.

When necessary, the Team shall:

1. Identify and solve problems regarding affirmativ e action issues, 2. Review and respond to reports prepared by the Af firmative Action Officer, 3. Respond to problems associated with the implemen tation of the AA/EEO Plan and assist in developing resolutions to such problems, 4. Accept as a team or as individuals, the responsi bility for taking specific action for the purpose of resolving problems, and 5. Maintain management performance agreements that define action to support the District's affirmative action goals as described in the AA/EEO Plan.

D. Directors, Principals and Supervisors Empowered to Hire and Dismiss Equal Employment Opportunity is a District priority . All administrative staff will demonstrate a good faith effort in regard to the im plementation of the AA/EEO Plan. At the end of the fiscal year, each manager with hiring au thority will be evaluated in part on his/her affirmative action performance by his/her immediate supervisor.

1. Coordinators, Directors, Principals, and Supervi sors shall:

a. Review the District's Employment Policies and Pr ocedures. b. Establish and maintain contact with the Affirmat ive Action Officer to discuss potential problems.

SECTION VII. E MPLOYMENT A. Employment Procedures 1. The Director of Human Resources or his/her desig nee shall contact the Affirmative Action Officer at the beginning of the recruitment process to secure technical assistance in the recruitment of racial/ethnic group members a nd women.

2. The Human Resources Department shall keep record s of each step in the employment process in order to provide information for a revie w by the Affirmative Action Officer. The information requested under this AA/EEO Plan sh all be provided in a prompt manner. Appendix MMM-12-10 June 27, 2011 16 3. The Human Resources Department shall submit to t he Affirmative Action Officer for review and comment a copy of the Position Descripti on/Vacancy Notice for all administrator positions before the Human Resources Department recruits applicants for a position.

4. The Affirmative Action Officer may review the en tire employment process and make recommendations to the Superintendent including rec ommendations that will increase the number of racial/ethnic group members and women app licants for jobs in the job groups in which racial/ethnic group members or women are u nderrepresented.

5. The Human Resources Department shall review the candidates in any Candidate Pool to determine whether they are representative of minori ties and women who are available in the relevant labor market area(s). If a review of the candidates in the Candidate Pool does not reflect such availability, the department will extend the posting period and broaden its recruitment efforts unless the Affirmat ive Action Officer indicates that a good faith effort has already been made.

6. Only job related criteria should be used in scre ening applicants.

7. Interview Process by Committee a. If a Search/Screening committee is impaneled, it should include an appropriate representation of target group members. A list of potential committee members shall be given to the Affirmative Action Officer for revi ew prior to the committee commencing any work. The Affirmative Action Office r shall review the committee for balance with respect to race and sex.

b. If a committee is impaneled, the Human Resources Department shall inform committee members of their responsibilities, the pr ocedures and timetable to be followed, the District’s Affirmative Action employm ent goals, the members’ right to select their own committee chairperson, and give co mmittee members’ appropriate written materials including the list of desired and required qualifications. After the Human Resources Department has provided an orientat ion to each candidate selected to be interviewed, the committee will interview the candidates, asking the same job related questions in the same order of each candida te. Any committee member may ask follow-up questions to clarify a candidate’ res ponse so long as such follow-up questions do not go into issues beyond the original question and responses.

c. Based on an evaluation of the interview, credent ials, and writing sample, if required, each committee member will rate each candidate and, based on such rating, the committee may refer a number of candidates for a fi nal interview.

d. The chairperson will notify the Human Resources Department, which candidates are to be referred for a final interview.

8. The Final Choice Appendix MMM-12-10 June 27, 2011 17 The Human Resources Department shall provide all su pervisors with information regarding the District's AA/EEO Plan including spec ial instructions on the purpose of the AA/EEO Plan and if racial/ethnic group members or women are underrepresented in a job group for which the supervisor is intervie wing prospective employees.

These instructions are meant to inform managers whe n there is an opportunity to make an affirmative hire.

a. The Supervisor shall review the credentials and interview each candidate that is referred. b. During the interview, the supervisor shall ask t he same job related questions of all the candidates.

c. Based on an evaluation of the interview, credent ials, and writing sample (if appropriate), the most qualified candidate shall be hired.

d. All offers of employment are contingent on the c ompletion of a successful health/ physical examination, criminal background check and approval by the Board of Education.

B. Training Programs The District's training programs whether formal or informal, shall be administered without discrimination on the basis of religion, ra ce, color, national origin, ancestry, age, sex, physical appearance, marital status, handicap/ disability, arrest or conviction record, political belief, sexual orientation, gender identi ty, gender expression, less than honorable discharge, source of income, the association with a person with a disability or the fact that an individual is a student.

S ECTION VIII. R EASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES A. Purpose and Policy State federal and local laws prohibit discriminatio n against job applicants and employees with disabilities. In order to ensure equal access to all terms, conditions and privileges of employment, the District will provide reasonable ac commodations for qualified persons with disabilities that request such accommodations. The Nondiscrimination Policy in the AA/EEO Plan rep resents a reaffirmation of the District policy to provide equal access and equal employment opportunity to all qualified individuals who have disabilities.

B. Applicability of the Affirmative Action Program Appendix MMM-12-10 June 27, 2011 18 Each applicant for employment is invited to volunta rily identify himself or herself as an individual with a disability.

C. Dissemination Internal and external notification procedures of th e Board’s Nondiscrimination Policy are set forth in Section V of the AA/EEO Plan.

D. Filing a Complaint Any person who believes he/she has been discriminat ed against based on his/her disability may file a complaint with the Title IX/Affirmative Action Coordinator in accordance with the complaint procedures outlined in Section VIII o f this AA/EEO Plan.

The complaint process will be made available in acc essible format, if requested and assistance may be obtained from the Affirmative Act ion Office in filing a complaint.

SECTION IX. I NTERNAL AUDIT AND REPORTING SYSTEM A. The Human Resources Department shall maintain re cords on all applicants for employment, referrals, hires, promotions, transfers and termina tions by race, sex and disability.

Upon request by the Affirmative Action Officer, Hum an Resources shall compile the Affirmative Action Survey and report its finding to the Affirmative Action Officer. If requested by the Affirmative Action Officer, the fo llowing, includes but does not represent a limitation on the information that shall be made av ailable to the Affirmative Action Officer for his/her inspection if such information is avail able:

1. Survey of current employees by race, sex, disabi lity, job classification, salary or wage level, 2. Applicant flow data at each step of the selectio n process for new hires, promotions, transfers, by race, sex and disability, 3. Referrals for employment from external sources, by race, sex and disability, 4. Terminations, by race, sex and disability, 5. Exit-interview information, by race, sex and dis ability, 6. Disciplinary actions other than termination by race , sex and disability.

. Appendix MMM-12-10 June 27, 2011 19 S ECTION X. C OMPLIANCE WITH GUIDELINES ON DISCRIMINATION BECAUSE OF RELIGION , NATIONAL ORIGIN OR GENDER A. The District specifically states in its Nondiscr imination Policy a prohibition against discrimination with respect to religion and nationa l origin.

1. To ensure nondiscrimination based on religion or national origin the following measures have been instituted.

a. The District provides notices to the school and outside communities regarding its obligation to not discriminate and to provide equal employment opportunity without regard to a person’s religion or national origin.

b. The District accommodates the religious observances and practices of employees or prospective employees. The extent of the District' s obligation to make accommodations may be determined by, among other th ings, considering business necessity, costs and expenses, the collective barga ining agreements, and applicable laws and regulations.

c. All employment advertisements include the statement that the District is an "Equal Employment Opportunity Employer." B. The District specifically states in its nondiscrimi nation policy a prohibition against discrimination with respect to gender.

1. To ensure that the District does not discriminate o n the basis of gender, the following measures have been instituted:

a. The District actively recruits and hires both men a nd women for all jobs. Referral sources are informed that the District has no speci fic set preference and seeks only qualified applicants without regard to gender.

b. All employment advertisements include the statement that the District is an "Equal Employment Opportunity Employer." c. The District has made efforts to ensure that all em ployees regardless of their gender have as equal opportunity for any job for which the y are qualified. Gender is not considered a bona fide occupational qualification f or any job within the District.

C. Anyone who feels that he/she has been discriminated against based on religion, national origin and/or gender may file a complaint in accord ance with the complaint procedure outlined in Section IV of this Plan.

S ECTION XI. Q UESTIONS AND ANSWERS Q: What is Equal Employment Opportunity/Affirmative Ac tion?

A: Equal Employment Opportunity means that all indi viduals must receive equal treatment in all employment activities (e.g., hiring, training, or p romotion). Each person is to be evaluated on his or her ability to do the job, and must not be s ubjected to discrimination. Appendix MMM-12-10 June 27, 2011 20 The District's Affirmative Action Plan outlines add itional efforts that will be made to increase employment opportunities for women and mem bers of racial/ethnic groups for the purpose of eliminating underutilization in certain job groups.

There are laws that promote equal opportunities by prohibiting discrimination. Some of those laws are Executive Order 11246 (as amended by 11375 ) and Section 503 of the Rehabilitation Act of 1973. In addition to the abo ve, a number of federal statutes prohibit discrimination, including Title VII of the Civil Ri ghts Act of 1964, the Age Discrimination Act of 1967, and the Americans with Disabilities Ac t of 1990 as amended (ADAAA 2008), Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. City of Madison Ordinances and MMSD Board of Educat ion Policy 8012 and 8005 also prohibit discrimination. Q: What groups are protected from discrimination?

A: There are a number of groups that are included i n the protected category. Some examples of the protected classes include, but are not limited to:

Race Gender Creed Age Handicap/Disability Sexual orientation Arrest or conviction record Marital status Student’s status Gender identity Gender expression Religion Physical appearance Ancestry Less than honorable discharge National origin Political beliefs Disability Source of income Color Q: What is the role of the Office of Affirmative Acti on?

A: The major responsibilities of the Office of Affi rmative Action are to implement the District’s AA/EEO Plan and to educate the District’s community about affirmative action and equal employment laws.

Appendix MMM-12-10 June 27, 2011 21 The Affirmative Action Officer :

Ensures that MMSD employment policies and programs comply with relevant regulations and guidelines. The regulations and guidelines incl ude those of the Office of Federal Contract Compliance Programs (OFCCP) www.dol.gov , Equal Employment Opportunity Commission (EEOC), www.eeoc.gov , the Department of Education's Office for Civil Ri ghts (OCR) www.ed.gov , and the Wisconsin Fair Employment Law among othe rs. Participates in developing District policy pertain ing to equal employment opportunity and affirmative action.

Designs and implements auditing and reporting syst ems to measure the effectiveness of the AA/EEO Plan.

Identifies areas of discrimination or inequity an d recommends the appropriate corrective action. Develops action-plans to attain established goa ls and objectives.

Q: What can I do if I feel that I have been discrimina ted against?

A: All persons including employees, students and th ose doing business with the District may obtain information regarding their rights and prope r procedures for the resolution of complaints by contacting the Office of Affirmative Action at 663-1530 or e-mail [email protected] . If you believe you have experienced discrimination, including harassment of any type or hazing, you may file a complaint with the Title IX/Affirmative Action Coordinator. Inquiries, info rmal resolutions, and formal complaints may be handled confidentially. You may also file a complaint with the local, state or federal agency that has the responsibility to investigate c omplaints of discrimination.

Q: What other services does the Office of Affirmative Action provide?

A: The Office of Affirmative Action:

Assists in the recruitment strategies of racial/eth nic group members and women, Provides training and workshops for students, staf f, and volunteers on affirmative action, diversity, harassment, nondiscrimination, disabilit y awareness, homophobia, and hiring procedures, Provides information related to affirmative action and employment practices at MMSD, * Reviews and approves certain District employment procedures to ensure nondiscrimination in the interviewing and placement of employees, and * Processes internal discrimination complaints.

Q: What is sexual harassment?

A: Sexual harassment is a form of sexual-discriminatio n that violates city, state, and federal laws. Sexual harassment is defined as uninvited and unwelcome sexual advances, requests Appendix MMM-12-10 June 27, 2011 22 for sexual favors, and other verbal or physical con duct of a sexual nature when submission to or rejection of such conduct is used as the basis f or employment or progress in curricular, extracurricular, and nonacademic activities, or suc h conduct has the purpose or effect of creating an intimidating, hostile or offensive work or school environment. Sexual harassment includes conduct directed by a person at another pe rson of the same or opposite gender.

Q: What is harassment ?

A: Harassment is any unwelcome, deliberate or unsol icited comments, gestures, display of graphic materials, physical contacts or solicitatio n of favors, which is based on being a member of a protected clas s when, for example, the conduct has the purpose or effect of substantially interfering with an individual’s work ing or learning performance or creating an intimidating, hostile or offensive environment.

Q: What are some examples of hostile environment relat ive to sexual harassment?

A: A hostile environment related to sexual harassme nt may include unwelcome cartoons or posters of a sexual nature, transmission of unwelco me and/or sexually inappropriate messages sent from electronic devices, vulgar or le wd conduct, unwanted touching, pinching, brushing the body, fondling or obscene gestures, no nverbal suggestive behavior (leering) or insulting sounds (whistling).

Q: What should I do if I am being harassed? A: Here are some steps to take if you feel you are being harassed:

SAY NO CLEARLY - Inform the harasser that his/her attention is unw anted. Make it clear that you find the behavior offensive and you want i t to stop. If it persists, contact the Affirmative Action Officer, inform school authorities or write a letter/memora ndum to the harasser asking him/her to stop. Keep a copy or in form school authorities.

DOCUMENT THE HARASSMENT- Write down each incident including dates, times, witnesses (if any) and places. Detail what happene d and include your response. This information will be needed if you need to take furt her action.

FILE A COMPLAINT -If the harassment does not stop after notifying th e harasser or if you are not satisfied with your school authorities’ eff orts to resolve the situation, you may file a complaint with the Affirmative Action Officer of th e District in accordance with the complaint procedure outlined in this Plan.

Q: What has the District done to prevent harassment in the learning and working environment? A: The District, in an effort to prevent illegal ha rassment, has taken the following steps:

1. Developed and published an ILLEGAL HARASSMENT POLIC Y (Board Policy 8012); Appendix MMM-12-10 June 27, 2011 23 2.

Implemented a procedure for students, parents, empl oyees, applicants for employment and the general public to follow if they feel they have been the victim of illegal harassment, and; 3. Conducts District-wide illegal harassment preventio n training for all staff.

Q: What are some important facts you should know if yo u believe that you are being harassed? A: Some important facts to know about harassment: 1. The victim as well as the harasser may be a male o r female. The victim does not have to be of the opposite sex.

2. The harasser's conduct must be unwelcome. Appendix MMM-12-10 June 27, 2011 24 APPENDIX A LABOR FORCE IDENTIFICATION A. Labor Force Data Employment goals are the most crucial part of the A ffirmative Action Plan because they represent a guide for employment activity under the AA/EEO Plan.

To determine if an employment goal should be establ ished for hiring racial/ethnic group members and/or women, their representation in the District’s workforce is compared to their avail ability in the relevant labor market area(s). This process includes three steps: 1) establishing major job groups, 2) determining the n umber of racial/ethnic group members and women who are employed in those job groups, and 3) comparing the number of racial/ethni c group members and women who are employed in those job groups to the number of racial/ethnic group members and women who are qualified and available to be hired in thos e job groups who are in the relevant labor market area(s). If the number of racial/ethnic group members or wom en in the relevant labor market area(s) who are qualified and available to be hired in the District’s job groups exceeds the number of rac ial/ethnic group members or women in the District’s job groups, there is an under- representation of racial/ethnic group members or wo men. Under-representation is defined as having fewer racial/ethnic group members or women in a particular job group than would reasonab ly be expected by their availability in the relevant labor market area(s) relative to that job group. Availability is defined as the percentage of all qu alified racial/ethnic group members and women in a reasonable recruitment area(s) who can be employed in a particular job group or who ar e capable of acquiring the skills to be employed in such job group. The District has set an employment goal for hiring women and racial/ ethnic group members in job groups in which under-r epresentation exists. The District's obligation is to demonstrate a "good fai th effort" to achieve the goal of having the number of racial/ethnic group members or women employed in the major job groups that would b e expected by their availability in the relevant labor market area(s).

The District’s determination of under-representatio n is neither a finding nor an admission of discrimination. Appendix MMM-12-10 June 27, 2011 25 Comparing the Workforce Analysis conducted December 8, 2010, with the Availability Analysis, the District’s workforce utilization in the following job categories were:

Job Category Availability District’s Utilization 4th Qtr Apr. 1-Jun 30, 2011 Minority Administrative 11.2% 16.0% Female Administrative 68.8% 54.7% Female Professional (Certified Teachers & Support Staff) 73.4% 79.5% Minority Professional (Certified Teachers & Support Staff) 12.5% 9.7% Minority Clerical/Technical/ Security/BRS 11.1% 23.7% Female Clerical/Technical/ Security/BRS 57.1% 68.1% Minority Food Service 17.5% 27.3% Female Food Service 60.8% 94.1% Minority Educational Assistants 11.7% 15.3% Female Educational Assistants 81.3% 86.4% Minority Custodial/Maintenance/ Trades 11.4% 16.5% Female Custodial/Maintenance/ Trades 29.5% 19.3% Comparing the Workforce Analysis conducted December 8, 2010, with the Availability Analysis, the District is underutilized in the following job groups:

Job Category Availability District’s Utilization 4 th Qtr Apr.1- Jun 30, 2011 Female Administrative 68.8% 54.7 % Minority Professional (certified Teachers & Support Staff) 12.5% 9.7% Female Custodial/Maintenance/ Trade 29.5% 19.3% Appendix MMM-12-10 June 27, 2011 26 MMSD Job Groups The District has established six major job groups. A. Administrative - Managers The jobs in this job group are administrative in na ture. These personnel set policies, exercise overall responsibility for execution of these policies, and direct individual departments or District operation s. This job group includes officials, executives, directors, lawyers, principals, comptrollers, middl e level managers, coordinators, supervisors, accounta nts, purchasing and payroll managers and other sala ried positions who are members of management.

Administrative - Managers Administrative Personnel Principals & Assistant Principals Managers & Supervisors Coordinators B. Professional (Certified Teachers & Support Staff) The jobs in this job group require that a person be a college graduate and have state certification/licensure. The jobs in this job group include classroom teachers, librarians, counselors, social workers, psychologists, nurses, nurse practitioners , physical and occupational therapists, and guidance counselors.

Professional – Classroom Teachers Support Staff C. Administrative Support Workers (Clerical/Technical/ Security/Bilingual Resource Specialists) The jobs in this job group include clerical type of work, such as work done by secretaries, typists, c lerks, etc. Technical jobs are also included in this job group. Employees who work in technical jobs ha ve knowledge of system technology, standards for computer hardware/software, application tools, enterprise/data bases, computer networking, network design, computer peripherals and informatio n systems. Technical jobs include computer operators, computing analysts, computer programmers , computing specialists, computer technicians, program analysts, programmers and user services specialists. Bilingual Resource Specialists are in cluded in this job group. They support the educati onal program because of their ability to speak two languages by acting as a translator or interpreter, and providing direct instructional assistance to s tudents who do not speak English. The jobs in this job group also include employees who provide securi ty. Security jobs require that individuals assist in maintaining order in the schools, such as intervening in altercations between students. Clerical/Technical/Security Bilingual Resource Specialists Appendix MMM-12-10 June 27, 2011 27 D. Custodial/Maintenance/Trades The jobs in this job group include custodial jobs. These jobs include laborers that perform tasks, su ch as lifting, digging, mixing, loading, and cleaning. Maintenance jobs are in this job group. Trades jobs are also included in this job group. Such jobs include skilled craft workers such as painters, carpenters, painters, plumbers and electr icians.

Maintenance Trades E. Food Service Workers The jobs in this job group include individuals who have knowledge of how to produce food on a large sc ale, operate commercial kitchen equipment and have the ability to ensure timely heating and s erving of meals. Food service workers include food service workers, bakers and cooks.

F. Educational Assistants The individuals who do the jobs in this job group p rovide assistance to teachers and students as part of the educational program. They include teaching assistants, nursing assistants and assista nts for children with disabilities.

Appendix MMM-12-10 June 27, 2011 28 AVAILABILITY FACTOR ANALYSIS BY JOB GROUP JOB CATEGORY: ADMINISTRATORS RAW STATISTICS WEIGHTED FACTOR Number Factor Total Minority Total Female Value Weight Minority Female Reason for Value Weight 1A Percentage of Minorities in labor market area which is a reasonable recruitment area. (U.S) 34.4 0 0 This factor is not applicable.* 1B Percentage of Women in the labor market area which is a reasonable recruitment area (U.S.) 59 0 0 This factor is not applicable. 2 Percentage of Minorities and Women unemployed in labor market area in a reasonable recruitment area (U.S.). 9.3 5.7 0 0.0 0.0 This factor is not applicable. 3 Percentage of Minorities and Women in total workforce in immediate labor market area (WI). 12.8 47.3 0 0.0 0.0 This factor is not applicable. 4 Percentage of Minorities and Women among those having requisite skills in immediate labor market a rea (WI.). 5.3 53.3 23.0 1.2 12.3 Women and minorities who have the requisite skills within the immediate labor market area. 5 Percentage of Minorities and Women among those having requisite skills in reasonable recruitment a rea (U.S.) 23.0 51.3 10.0 2.3 5.1 Women and minorities who have the requisite skills in reasonable recruitment area. 6 Percentage of Minorities and Women among those promotable or transferable within facility (MMSD) 11.5 76.7 67.7 7.7 51.4 Women and minorities promotable from within MMSD. 7 Percentage of Minorities and Women at institutions providing training in requisite skills. N/A N/A 0 0.0 0.0 This factor is not applicable. 8 Percentage of Minorities and Women among those at facility whom contractor can train in requisite ski lls. N/A N/A 0 0.0 0.0 This factor is not applicable. TOTAL 100.0 GOAL/FINAL AVAILABILITY (PERCENTAGE) 11.2 68.8 * Several factors are not applicable to the determi nation of the value weight relative to establishing an employment goal for Administrators.

Appendix MMM-12-10 June 27, 2011 29 AVAILABILITY FACTOR ANALYSIS BY JOB GROUP JOB CATEGORY: PROFESSIONALS (Certified Teachers & Support Staff) RAW STATISTICS WEIGHTED FACTOR Number Factor Total Minority Total Female Value Weight Minority Female Reason for Value Weight 1A Percentage of Minorities in labor market area which is a reasonable recruitment area. (U.S) 34.4 0.0 0 This factor is not applicable.* 1B Percentage of Women in the labor market area which is a reasonable recruitment area (U.S.) 59.1 0.0 0 This factor is not applicable. 2 Percentage of Minorities and Women unemployed in labor market area in a reasonable recruitment area (U.S,). 9.3 5.4 0.0 0 0 This factor is not applicable. 3 Percentage of Minorities and Women in total workforce in immediate labor market area (WI). 12.8 47.3 0.0 0 0 This factor is not applicable. 4 Percentage of Minorities and Women among those having requisite skills in immediate labor market a rea (WI.). 7.3 72.8 66.7 4.9 48.6 Women and minorities who have the requisite skills within the immediate labor market area. 5 Percentage of Minorities and Women among those having requisite skills in reasonable recruitment a rea (U.S.) 23.0 75.3 33.0 7.6 24.8 Women and minorities who have the requisite skills in a reasonable recruitment area. 6 Percentage of Minorities and Women among those promotable or transferable within facility (MMSD) 9.4 81.0 0.0 0.0 0.0 This factor is not applicable. 7 Percentage of Minorities and Women at institutions providing training in requisite skills. 10.0 79.0 0 0 0.0 This factor is not applicable. 8 Percentage of Minorities and Women among those at facility whom contractor can train in requisite ski lls. N/A N/A 0 0 0.0 This factor is not applicable. TOTAL 100.0 (GOAL) FINAL AVAILABILITY (PERCENTAGE) 12.5 73.4 *Several factors are not applicable to the determin ation of the value weight relative to establishing an employment goal for Professionals (Certified Tea chers & Support Staff) Appendix MMM-12-10 June 27, 2011 30 AVAILABILITY FACTOR ANALYSIS BY JOB GROUP JOB CATEGORY: CLERICAL/TECHNICAL/SECURITY/BILINGUAL RESOURCE SPE CIALIST (BRS) RAW STATISTICS WEIGHTED FACTOR Number Factor Total Minority Total Female Value Weight Minority Female Reason for Value Weight 1A Percentage of Minorities in labor market area which is a reasonable recruitment area. (WI) 12.8 0 0 This factor is not applicable.* 1B Percentage of Women in the labor market area which is a reasonable recruitment area (WI.) 47.3 0 0 This factor is not applicable. 2 Percentage of Minorities and Women unemployed in labor market area in a reasonable recruitment area (WI). 10.2 5.4 0 0.0 0.0 This factor is not applicable. 3 Percentage of Minorities and Women in total workforce in immediate labor market area (Dane). 13.4 47.3 0 0.0 0.0 This factor is not applicable. 4 Percentage of Minorities and Women among those having requisite skills in immediate labor market a rea (Dane.). 11.0 58.5 67.8 7.5 39.7 Women and minorities who have the requisite skills within the immediate labor market area. 5 Percentage of Minorities and Women among those having requisite skills in reasonable recruitment a rea (WI.) 11.1 54.2 32.2 3.6 17.4 Women and minorities who have the requisite skills in a reasonable recruitment area. 6 Percentage of Minorities and Women among those promotable or transferable within facility (MMSD) 23.1 75.5 0.0 0.0 0.0 Women and minorities promotable from within MMSD. 7 Percentage of Minorities and Women at institutions providing training in requisite skills. N/A N/A 0 0.0 0.0 This factor is not applicable. 8 Percentage of Minorities and Women among those at facility whom contractor can train in requisite ski lls. N/A N/A 0 0.0 0.0 This factor is not applicable. TOTAL 100.0 (GOAL) FINAL AVAILABILITY (PERCENTAGE) 11.1 57.1 *Several factors are not applicable to the determin ation of the value weight relative to establishing an employment goal for Clerical/Technical/Security/ BRS. Appendix MMM-12-10 June 27, 2011 31 AVAILABILITY FACTOR ANALYSIS BY JOB GROUP JOB CATEGORY: FOOD SERVICE RAW STATISTICS WEIGHTED FACTOR Number Factor Total Minority Total Female Value Weight Minority Female Reason for Value Weight 1A Percentage of Minorities in labor market area which is a reasonable recruitment area. (WI) 12.8 0 .00 This factor is not applicable.* 1B Percentage of Women in the labor market area which is a reasonable recruitment area (WI.) 47.3 0 0.0 This factor is not applicable. 2 Percentage of Minorities and Women unemployed in labor market area in a reasonable recruitment area (WI). 10.2 5.4 0 0.0 0 This factor is not applicable. 3 Percentage of Minorities and Women in total workforce in immediate labor market area (Dane). 10.1 48.3 0 0.0 0.0 This factor is not applicable. 4 Percentage of Minorities and Women among those having requisite skills in immediate labor market a rea (Dane.). 15.9 52.0 79.0 12.6 41.0 Women and minorities who have the requisite skills within the immediate labor market area. 5 Percentage of Minorities and Women among those having requisite skills in reasonable recruitment a rea (WI.) 14.6 64.2 0.0 0.0 0.0 This factor is not applicable . 6 Percentage of Minorities and Women among those promotable or transferable within facility (MMSD) 23.5 94.1 21.0 4.9 19.8 Women and minorities promotable from within MMSD. 7 Percentage of Minorities and Women at institutions providing training in requisite skills. 11.0 48.0 0.0 0.0 0.0 This factor is not applicable. 8 Percentage of Minorities and Women among those at facility whom contractor can train in requisite ski lls. N/A This factor is not applicable. TOTAL 100.0 (GOAL) FINAL AVAILABILITY (PERCENTAGE) 17.5 60.8 *Several factors are not applicable to the determin ation of the value weight relative to establishing an employment goal for Food Service. Appendix MMM-12-10 June 27, 2011 32 AVAILABILITY FACTOR ANALYSIS BY JOB GROUP JOB CATEGORY: CUSTODIAL/MAINTENANCE/TRADES RAW STATISTICS WEIGHTED FACTOR Number Factor Total Minority Total Female Value Weight Minority Female Reason for Value Weight 1A Percentage of Minorities in labor market area which is a reasonable recruitment area. (WI) 12.8 0 0 This factor is not applicable.* 1B Percentage of Women in the labor market area which is a reasonable recruitment area (WI.) 47.3 0 0 This factor is not applicable. 2 Percentage of Minorities and Women unemployed in labor market area in a reasonable recruitment area (WI). 10.2 48.3 0 0.0 0.0 This factor is not applicable. 3 Percentage of Minorities and Women in total workforce in immediate labor market area (Dane). 10.1 49.5 0 0.0 0.0 This factor is not applicable. 4 Percentage of Minorities and Women among those having requisite skills in immediate labor market a rea (Dane.). 11.4 29.5 100 11.4 29.5 Women and minorities who have the requisite skills within the immediate labor market area. 5 Percentage of Minorities and Women among those having requisite skills in reasonable recruitment a rea (WI.) 10.3 14.0 0 0.0 0.0 Women and minorities who have the requisite skills in a reasonable recruitment area. 6 Percentage of Minorities and Women among those promotable or transferable within facility (MMSD) 16.8 20.3 0 0.0 0.0 Women and minorities promotable from within MMSD. 7 Percentage of Minorities and Women at institutions providing training in requisite skills. N/A N/A This factor is not applicable. 8 Percentage of Minorities and Women among those at facility whom contractor can train in requisite ski lls. N/A N/A This factor is not applicable. TOTAL 100.0 (GOAL)FINAL AVAILABILITY (PERCENTAGE) 11.4 29.5 *Several factors are not applicable to the determin ation of the value weight relative to establishing an employment goal for Custodial/Maintenance/Trades . Appendix MMM-12-10 June 27, 2011 33 AVAILABILITY FACTOR ANALYSIS BY JOB GROUP JOB CATEGORY: EDUCATIONAL ASSISTANTS RAW STATISTICS WEIGHTED FACTOR Number Factor Total Minority Total Female Value Weight Minority Female Reason for Value Weight 1A Percentage of Minorities in labor market area which is a reasonable recruitment area. (WI) 12.8 0 0.0 This factor is not applicable.* 1B Percentage of Women in the labor market area which is a reasonable recruitment area (WI.) 47.3 0 0.0 This factor is not applicable. 2 Percentage of Minorities and Women unemployed in labor market area in a reasonable recruitment area (WI). 10.2 5.4 0 0.0 0.0 This factor is not applicable. 3 Percentage of Minorities and Women in total workforce in immediate labor market area (Dane). 10.1 48.3 0 0.0 0.0 This factor is not applicable. 4 Percentage of Minorities and Women among those having requisite skills in immediate labor market a rea (Dane.). 7.3 75.3 47.2 3.4 35.5 Women and minorities who have the requisite skills within the immediate labor market area. 5 Percentage of Minorities and Women among those having requisite skills in reasonable recruitment a rea (WI.) 5.0 75.3 0.0 0.0 0.0 This factor is not applicable. 6 Percentage of Minorities and Women among those promotable or transferable within facility (MMSD) 15.8 86.7 52.8 8.3 45.8 Women and minorities promotable from within MMSD. 7 Percentage of Minorities and Women at institutions providing training in requisite skills. N/A N/A 0 0.0 0.0 This factor is not applicable. 8 Percentage of Minorities and Women among those at facility whom contractor can train in requisite ski lls. N/A N/A 0.0 0.0 This factor is not applicable. TOTAL 100.0 (GOAL)FINAL AVAILABILITY (PERCENTAGE) 11.7 81.3 * Several factors are not applicable to the determina tion of the value weight relative to establishing an employment goal for Educational Assistants.

Appendix MMM-12-10 June 27, 2011 34 EMPLOYEE JOB GROUP PROFILE Job Group: MMSD FULL-TIME/PART-TIME 4 th QUARTER/YEAR-END REPORT Apr. 1-Jun 30, 2011 Job Titles Total Employees MALES FEMALES Total Minority Male/Female Total Female (All Races) W B H A AI W B H A AI Administrator 137 52 7 3 0 0 63 9 3 0 0 22 75 Professional/Profe ssional Support Staff 2523 450 25 22 16 5 1829 42 77 44 13 244 2005 Clerical/Technical /Security/BRS 484 107 19 9 18 1 262 10 45 13 0 115 330 Food Service 136 6 1 1 0 0 93 12 14 8 1 37 128 Custodial/Maint./ Trades 248 167 15 14 1 3 40 3 1 1 3 41 48 Educational Assistants 507 46 18 3 1 1 383 37 8 7 3 78 438 Job Group Summary 4035 828 85 52 36 10 2670 113 148 73 20 537 3024 W – White A – Asian B – Black AI –American Indian - H – Hispanic Appendix MMM-12-10 June 27, 2011 35 EMPLOYEE JOB GROUP PROFILE Job Group: ADMINISTRATORS 4 th QUARTER/YEAR-END REPORT Apr. 1-Jun 30, 2011 Job Titles Total Employees MALES FEMALES Total Minority Male/Female Total Female (All Races) W B H A AI W B H A AI Superintendent & Asst. Supt.(s) 5 2 0 0 0 0 3 0 0 0 0 0 3 Superintendent Admin Staff 9 5 2 0 0 0 2 0 0 0 0 2 2 Principals/ Asst. Principals 73 22 2 2 0 0 40 6 1 0 0 11 47 Bus. Services 14 8 0 0 0 0 5 0 1 0 0 1 6 Instr. Services 17 8 1 1 0 0 5 1 1 0 0 4 7 Equity/ Diversity 1 0 0 0 0 0 0 1 0 0 0 1 1 Human Resources 7 1 2 0 0 0 4 0 0 0 0 2 4 Interim Principal 0 0 0 0 0 0 0 0 0 0 0 0 0 School Rec. 8 3 0 0 0 0 4 1 0 0 0 1 5 Job Group Summary 137 49 7 3 0 0 63 9 3 0 0 22 75 W – White A – Asian B – Black AI –American Indian AI H – Hispanic Appendix MMM-12-10 June 27, 2011 36 EMPLOYEE JOB GROUP PROFILE Job Group: PROFESSIONAL (Certified Teachers & Suppo rt Staff) 4 th QUARTER/YEAR-END REPORT Apr. 1-Jun 30, 2011 Job Titles Total Emp. MALES FEMALES Total Minority Male/Female Total Female (All Races) W B H A AI W B H A AI Classroom 2099 403 20 20 14 4 1487 38 63 40 10 209 1638 Support 310 33 5 2 2 1 243 4 13 4 3 34 267 Other Related Professions 114 14 - - - - 99 - 1 - - 1 100 Job Group Summary 2523 450 25 22 16 5 1829 42 77 44 13 244 2005 W – White A – Asian B – Black AI –American Indian H – Hispanic Appendix MMM-12-10 June 27, 2011 37 EMPLOYEE JOB GROUP PROFILE Job Group: CLERICAL/TECHNICAL/SECURITY/BRS 4 th QUARTER/YEAR-END REPORT Apr-Jun 2011 Job Titles Total Empl. MALES FEMALES Total Minority Male/Female Total Female (All Races) W B H A AI W B H A AI NUP Custodial 3 3 0 0 0 0 0 0 0 0 0 0 0 NUP Other 1 0 0 0 0 0 1 0 0 0 0 0 1 NU Professional 42 12 2 0 0 0 25 0 2 1 0 5 28 NU Clerical 18 0 0 0 0 0 17 0 1 0 0 1 18 Clerical/Tech 206 31 1 1 2 0 165 4 2 0 0 10 171 Coach & Curricluar 92 49 6 2 3 0 28 4 0 0 0 15 32 Play & Learn 9 0 0 0 0 0 5 1 2 1 0 4 9 LTE 6 4 0 0 0 0 2 0 0 0 0 0 2 Bilingual Resource Specialist 84 2 0 5 13 1 17 0 35 10 1 63 62 Safety and Security 25 6 10 1 0 0 3 1 3 1 0 16 5 Job Group Summary 486 107 19 9 18 1 263 10 45 13 1 115 330 W – White A – Asian H-Hispanic B – Black AI –American Indian EMPLOYEE JOB GROUP PROFILE Appendix MMM-12-10 June 27, 2011 38 Job Group: FOOD SERVICE 4 th QUARTER/YEAR-END REPORT Apr- Jun 2011 Job Titles Total Empl.

MALES FEMALES Total Minority Male/Female Total Female (All Races) W B H A AI W B H A AI Food Service Worker IV 14 1 0 0 0 0 13 0 0 0 0 0 13 Food Service Worker III 32 2 0 0 0 0 27 1 1 1 0 3 30 Food Service Worker II 61 1 0 1 0 0 36 11 7 4 1 24 59 Floater/Sub 13 0 0 0 0 0 6 0 4 3 0 7 13 Food Service Cooks/Baker 11 2 1 0 0 0 6 0 2 0 0 3 8 Food Service Coordinators 5 0 0 0 0 0 5 0 0 0 0 0 5 Job Group Summary 136 6 1 1 0 0 93 12 14 8 1 37 128 W – White A – Asian B – Black AI – AI –American Indian H – Hispanic Appendix MMM-12-10 June 27, 2011 39 EMPLOYEE JOB GROUP PROFILE Job Group: CUSTODIAL/MAINTENANCE/TRADES 4 th QUARTER/YEAR-END REPORT Apr-Jun 30, 2011 Job Titles Total Employees MALES FEMALES Total Minority Male/Female Total Female (All Races) W B H A AI W B H A AI Custodial Worker 139 80 10 8 1 3 29 3 1 1 3 30 37 Bldg. Worker 46 37 2 4 0 0 3 0 0 0 0 6 3 Stock Clerk 2 1 0 1 0 0 0 0 0 0 0 1 0 Maint Worker/Carpenter 12 6 2 1 0 0 3 0 0 0 0 3 3 Ground Crew 6 3 0 0 0 0 3 0 0 0 0 0 3 Equip. Operator 10 10 0 0 0 0 0 0 0 0 0 0 0 Science Materials Tech 1 1 0 0 0 0 0 0 0 0 0 0 0 Craft Worker/TRADES 32 29 1 0 0 0 2 0 0 0 0 1 2 Job Group Summary 248 167 15 14 1 3 40 3 1 1 3 41 48 W – White A – Asian B – Black AI –American Indian H – Hispanic Appendix MMM-12-10 June 27, 2011 40 EMPLOYEE JOB GROUP PROFILE Job Group: EDUCATIONAL ASSISTANTS 4 th QUARTER/YEAR-END REPORT Apr-Jun 30, 2011 Job Titles Total Employees MALES FEMALES Total Minority Male/Female Total Female (All Races) W B H A AI W B H A AI EA-SEA 407 42 15 2 1 1 297 34 6 7 2 65 346 EA-Nurse Assistant 38 0 0 1 0 0 36 0 1 0 0 2 37 EA-Regular 44 2 0 0 0 0 39 2 1 0 0 2 41 Educational Assistant Title I 14 1 2 0 0 0 8 1 1 0 1 5 11 Library Page 3 0 0 1 0 0 2 0 0 0 0 1 2 EA-Clerical 2 1 0 0 0 0 1 0 0 0 0 0 1 Job Group Summary 508 46 17 4 1 1 383 37 9 7 3 75 438 W – White A – Asian B – Black AI –American Indian H – Hispanic Appendix MMM-12-10 June 27, 2011 41 Appendix MMM-12-10 June 27, 2011 42 APPENDIX B IDENTIFICATION OF THE PROBLEM AREAS, GOALS AND ACTI ON PLANS A. Problem Areas The District has identified three problem areas. S uch problem areas are the (1) under representation of staff of color in the Professionals: certified teachers and support staff job group, (2) under representati on of females in the administrative job group and under r epresentation of females in the custodial/maintenan ce trades’ job group.

B. Goals and Plans of Action PROFESSIONALS STAFF OF COLOR : (CERTIFIED TEACHERS and SUPPORT STAFF, hereinafter “teachers of color”) GOAL: Increase the representation of teachers of color i n the District that reflects their availability in the relevant labor market area(s) for this job group. PLAN OF ACTION: a. The Affirmative Action Officer will work with the D istrict’s Recruiter to develop strategies to identify universities and colleges where educators/ teachers of color have attended in larger percentages than other universities and colleges.

b. The Affirmative Action Officer will assist the Dist rict’s Recruiter in the development of a recruitmen t plan that includes an aggressive marketing strategy that targets potential teacher of color applicants.

c. The Affirmative Action Officer will assist employee s and supervisors in the resolution of conflicts, which arise as a result of cultural or racial diffe rences.

d. The Affirmative Action Officer will assist employee s and supervisors by making information available to them relative to increasing their sens itivity and awareness of cultural differences.

e. The Affirmative Action Officer will work with the H uman Resources Department to design a survey to measure the employment climate of the District a s seen by teachers of color.

f. The Affirmative Action Officer will continue to mon itor the work place to ensure a harassment-free environment.

g. The Affirmative Action Officer will work with the H uman Resources Department to design an exit questionnaire that gathers important data regarding their work experiences with the District. h. The Affirmative Action Officer will conduct Exit In terviews for teachers of color who leave teaching positions.

i. The Affirmative Action Officer will work with the D istrict to identify and eliminate barriers in the hiring and retention of teachers of color.

j. The Affirmative Action Officer will review applican t flow data to ensure that teacher of color applicants are receiving appropriate consideration in the employment process.

FEMALE ADMINISTRATORS GOAL: Increase the representation of female administrator s in the District that reflects their availability in the relevant labor market area(s) for this job g roup.

PLAN OF ACTION: Appendix MMM-12-10 June 27, 2011 43 a. The Affirmative Action Officer will review and a nalyze position descriptions to ensure that they accurately reflect the job requirements of administ rative positions.

b. The Affirmative Action Officer will expand the adve rtising for the employment of women in administrative positions.

c. The Affirmative Action Officer will ensure that pub lications created by the District include pictures of women.

d. The Affirmative Action Officer will assist the Dist rict’s Recruiter in the development of a recruitmen t plan that includes an aggressive marketing strategy that targets potential female applicants for administrative positions.

e. The Affirmative Action Officer will continue to mon itor the work place to ensure a harassment-free environment.

f. The Affirmative Action Officer will conduct Exit In terviews of females who leave administrative positions.

g. The Affirmative Action Officer will work with the D istrict to identify and eliminate barriers in the hiring and retention of females in administrative p ositions.

h. The Affirmative Action Officer will review applican t flow data to ensure that female applicants for administrative positions are receiving appropriate consideration in the employment process.

FEMALE CUSTODIAL/ MAINTENANCE/TRADES GOAL: Increase the representation of female custodial/mai ntenance/trades in the District that reflects their availability in the relevant labor market are a(s) for this job group.

PLAN OF ACTION: a. The Affirmative Action Officer will assist the Buil ding Services in developing and establishing an employment register for permanent custodial/mainten ance/trades that include females.

b. The Affirmative Action Officer will identify potent ial job applicants and ensure that they are made aware of job openings they may be interested in and qualified for.

c. The Affirmative Action Officer will continue to mon itor the work place to ensure a harassment-free environment.

d. The Affirmative Action Officer will conduct exit in terviews of staff leaving the District to ascertain whether artificial barriers played a role.

e. The Affirmative Action Officer will identify and co rrect any artificial barriers to equal employment opportunities.

f. The Affirmative Action Officer will assist employee s and supervisors in the resolution of conflicts, which arise from cultural differences.

g. .The Affirmative Action Officer and/or Human Resour ces will offer training and technical assistance to Building Services administrators regarding creat ing professional and harassment-free work environments.

The Affirmative Action Officer will develop an inst rument to monitor and gauge the work climate, with particular emphasis being placed upon the perceptions of femal es int eh custodial/maintenance/trades job group.The Affirmative Action Officer will analyze the work cl imate data to inform and improve training opportuni ties for custodial/maintenance/trades employees. Appendix MMM-12-10 June 27, 2011 44 Appendix MMM-12-10 June 27, 2011 45 APPENDIX C DEFINITIONS Affirmative Action: Any action that is taken by an employer to:

a) Prevent unlawful employment discrimination, and b) To remedy the effects of past employment practices which may have excluded the appointment and promotion of ethnic/racial minorities and women at various levels of the work force.

Affirmative Action Plan: A written plan outlining the course of action to b e taken to implement the affirmative action program. Availability Analysis: Is defined as the percentage of minorities and wom en who reside within the labor market area and who have the skills required for en try into a specific job group, or who are capable of acquiring them. Persons who are available are thos e who are qualified to perform the work or who are capable of acquiring the skills to be qualified to perform the work.

Equal Employment Opportunity: A term that describes a work environment that is f ree of unlawful employment discrimination. All persons are treated fairly and equally in accordance with applicable Federal, State and local laws. Goals and Timetables: Goals are defined as the percentage of women and m inorities who should be employed in a particular job group based on a utili zation analysis. Timetables are the dates by which the employer intends to reach the goals. Harassment: Is unwanted, deliberate or repeated unsolicited c omments (oral or written), gestures, display of graphic material, physical contacts, verbal/nonv erbal or physical conduct directed to an individual because of his/her membership in a protected class constitu te harassment when this conduct:

a) Has the purpose or effect of creating an intimidati ng, hostile or offensive working or educational environment; or b) Has the purpose or effect of unreasonably or substa ntially interfering with an individual’s work or student’s performance in school, including his/her performance in curricular, extracurricular, and nonacademic activities; or c) Otherwise adversely affects an individual’s employm ent or a student’s opportunities in curriculum, extracurricular, and nonacademic activi ties; or d) Submission to the conduct is made either explicitly or implicitly, a term or condition of an individual’s employment; or a student’s opportunity to obtain an education; or e) Submission to or rejection of the conduct by an ind ividual is used as the basis for employment decisions affecting the individual or as a factor in decisions affecting the student’s education; or f) Is sufficiently severe, persistent or pervasive tha t it adversely affects (1) a student’s ability to participate in or benefit from an educational progr am or activity or (2) an individual’s ability to work.

Examples of harassment may include but is not limit ed to:

a) Unwanted physical contact including touching, pinch ing and/or brushing the body.

b) Indecent exposure, including lewd and lascivious be haviors. Appendix MMM-12-10 June 27, 2011 46 c) Persistent request for social/sexual encounters and favors.

d) Making inappropriate statements or jokes about stud ents or staff because of their protective status, (e.g. gender, disability, sexual preference , race, religion, etc).

e) Basing a personnel decision on someone’s providing sexual favors, or someone’s protected status (e.g. ancestry, age, political beliefs, phys ical appearance, religion, etc).

f) Displaying graphic, sexually explicit objects, post ers or pictures that show adolescents, women, and racial minorities, people who have disab ilities or students in a degrading or humiliating manner.

g) Obscene gestures, nonverbal suggestive behavior (le ering) or insulting sounds (whistling).

Person with a Disability: An individual with a disability is defined as any person who:

a) Has a physical or mental impairment which substanti ally limits one or more of such person's major life activities, b) Has a record of such impairment, or c) Is regarded as having such impairment.

Major Job Groups: Is defined as a group of jobs which (1) share the same or similar certification or licensing requirements, (2) have a similar work day , work schedule, and work location, (3) have simila r duties and skills, (4) share a similarity with resp ect to wages, hours and working conditions and/or ( 5) have the same purpose. The establishment of major job g roups is the first step in performing a utilization analysis. Labor Market Area:

The geographic area from which the District recruit s applicants for employment, the labor market area may be different for major jo b groups. For the purpose of this Plan, the following labor m arket areas have been established:

a) For clerical/technical, custodial/maintenance, food service and Educational Assistants the immediate labor market area is Dane County and the reasonable recruitment area is the southwester sector of the state of Wisconsin (Ozaukee, Milwaukee, Washington and Waukesha Counties) b) For administrators and other professional staff (in cluding teachers), the immediate labor market area is the state of Wisconsin and the reasonable recruitment area is the United States.

Preferential Treatment: To give preference to one class of workers or appl icants over another class of workers or applicants because of their disability, sex, race or other protected classification. Preferential treatment is most often used as it relates to affir mative action efforts to bring about parity. Title VII, Civil Rights Act of 1964, as amended, does not require pr eferential treatment because of an imbalance in the employer's work force. However, a court under the Civil Rights Act of 1964, as amended, can order preferential treatment if there has been a finding of unlawful employment discrimination.

Protected Classifications: Legally identified groups that are specifically pr otected by statute against employment discrimination. Examples of protected c lassifications are race, gender, disability, etc. Race/Ethnic Identification:

Are race/ethnic designations that are used by the various civil rights agencies. Such designations do not denote scientific definiti ons of anthropological origins. For the purpose of this Plan, an employee may be included in the group to w hich he or she should belong, identifies with, or is regarded in a community as belonging to. However, no person shall be counted in more than one race/ethnic group. The race/ethnic categories used for this Pl an have been developed by the Federal Government (i .e., the Office of Management and Budget (OMB) circular #32) and include:

Appendix MMM-12-10 June 27, 2011 47 a) White (W): A person having origins in any of the origina l peoples of Europe, North Africa, the Indian Subcontinent, or the Middle East.

b) Black (B): A person having origins in any of the Black r acial groups of Africa.

c) Hispanic (H): A person of Mexican, Puerto Rican, Cuban, Cen tral or South American or other Spanish cultural or origin regardless of race.

d) Asian or Pacific Islander (A): A person having origins in any of the origin al peoples of the Far East, Southeast Asia, or the Pacific Islands. This area includes, for example, China, India, Japan, Korea, the Philippine Islands and Samoa.

e) Native American or Alaskan Native (NA): A person having origin in any of the origina l peoples of North America, and who maintain cultural identifica tion through tribal affiliation or community recognition.

Religion: For the purpose of this Plan, religion is defined as all aspects of religious observance and practice as well as belief. Remedial Action: Any action that is taken by an employer to remedy t he effects of past employment practices which may have excluded the appointment a nd promotion of ethnic/racial minorities and women at various levels of the work force. Selection Process:

The process used to recruit, interview, and/or app oint applicants for employment or promote employees. Sexual Orientation:

Shall include homosexuality, heterosexuality, and bisexuality by preference or practice.

Target Group Members: For the purpose of this Plan, target group members are defined as racial/ethnic minorities, women and individuals who have disabili ties.

Underutilization: Is defined as having fewer minorities or women in a particular job group than would be reasonably expected by their availability in the la bor market area.

Unlawful Employment Discrimination: Unfair treatment or denial of normal privileges b ecause of a person’s race, gender or other protected classifica tion. Conduct which denies a person an opportunity , such as a job, because of his race or other protected cl assification Utilization Analysis: Is defined as a comparison of the number of minori ties and women who are employed in a particular job group to the number of qualifie d minorities and women who are available in the rel evant labor market area to be employed in such job group. Value Weight: Value weight is a numerical measure to determine the relative importance of recruiting qualified minorities and women from the relevant la bor market area(s) and through promotion to establish their availability to fill positions in a job group .

Workforce Analysis: Is defined as a statistical analysis which provide s an overall employment profile of the District. The workforce analysis, among other thin gs, will reflect the number of minorities and women employed by the District in the six major job group s. Appendix MMM-12-10 June 27, 2011 48 References Title IX of the Education Act 1972 www.ed.gov/offices/ocr/publications Age Discrimination Act of 1975 www.dol.gov Age Discrimination in Employment Act of 1967 www.eeoc.gov Americans with Disabilities Act of 1990 www.usdoj.gov Title VI and VII, Civil Rights Act of 1964, as Amen ded www.dol.gov Equal Employment Opportunity Commission's Guideline s on Discrimination Based on National Origin, Issued 1970, Amended 1980 www.uddoj.gov/crt Equal Employment Opportunity Commission's Guideline s on Discrimination Based on Sex, Issued 1965, Amended 1980 www.eeoc.gov Equal Employment Opportunity Commission's Guideline s on Discrimination Because of Religion, Issued 1967, Amended 1980 www.eeoc.gov/facts Equal Pay Act of 1963 www.eeoc.gov X Rehabilitation Act of 1973, Section 503 and 504 www.usdoj.gov Wisconsin Fair Employment Act, Chapter 111, Subchap ter II, Wisconsin State Statutes www.legis.state.wi.us/rsb/statutes.html X Madison General Ordinances www.cityofmadison.com