5047 Formal Grievance Procedure for Filing, Processing, and Resolving Alleged Discrimination Complaints
A. DEFINITIONS
1. Discrimination Grievance - A formal written complaint alleging any policy, procedure or practice which discriminates on the basis of race, age, color, religion, national origin, genetic information, pregnancy, gender, gender expression or identity (including sexual harassment), sex, sexual orientation, qualified disability or veteran status. Grievances can be turned into the Human Resource’s office or to the district’s Title IX, ADA, Title VII/ADEA and 504 coordinators.
2. Grievant - A student of the district who submits a grievance alleging discrimination based on race, age, color, religion, national origin, pregnancy, gender (including sexual harassment), gender expression or identity, sex, sexual orientation, qualified disability, genetic information or veteran status. A parent’s grievance shall be treated in the same manner as a student’s grievance.
3. Title I, Title IX, ADA, Title VII/ADEA and 504 Coordinator(s) - The person(s) designated to coordinate efforts to comply with and carry out responsibilities under Title I of the Elementary and Secondary Education Act of 1965, as amended; Title IX of the Education Amendments of 1972; the Americans with Disabilities Act; Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act; Section 504 of the Rehabilitation Act of 1973 and any other state and federal laws
addressing equal educational opportunity. The coordinator under Title I, Title IX, ADA, Title VII/ADEA and 504 may be included in procedures and hearings conducted pursuant to this policy. The coordinator of each statutory scheme may be the same person or different persons.
4. Respondent - The person alleged to be responsible for the violation contained in the grievance. The term may be used to designate persons with responsibility for a particular action or those persons with supervisory responsibility for procedures and policies in those areas covered in the grievance.
5. Day - A working day when the district’s main administrative offices are open. The calculation of days in complaint processing shall exclude Saturdays, Sundays and legal holidays.
B. RESOLUTION PRIOR TO FILING FORMAL GRIEVANCE
Prior to the filing of a formal grievance, the student is encouraged to visit with the building principal or the district’s Title I, Title IX, ADA, Title VII/ADEA or 504 coordinator, as applicable, and reasonable effort should be made to resolve the problem or complaint. The student may also visit with the assistant principal, counselor, nurse or a teacher about the problem or complaint pursuant to Board Policies #5046 and #5065. The assistant principal or other staff member will immediately contact the principal, and reasonable effort will be made to resolve the problem or complaint pursuant to Board Policies #5046 and #5065.
C. FILING AND PROCESSING FORMAL DISCRIMINATION GRIEVANCES
1. Grievant: Submits grievance to the principal, coordinator, assistant principal, counselor, nurse or teacher stating name, nature and date of alleged violation; names of persons responsible (where known) and requested action. Whenever possible, it is encouraged that grievances be filed within 30 days of alleged violation. Grievance forms are available from the office of the district’s Title I, Title IX, ADA, Title VII/ ADEA and 504 coordinator(s) and in the district’s Human Resources office. A coordinator, assistant principal, counselor, nurse or teacher receiving a complaint under this policy shall immediately notify the building principal. The principal may designate a coordinator to coordinate procedures outlined in this policy except that grievance procedures involving an employee must be coordinated with the Executive Director of Human Resources. Any coordinator or principal who is notified of a grievance under this policy that involves an employee will immediately notify the Executive Director of Human Resources.
In cases of employee involvement, the Executive Director of Human Resources shall be included in all procedures, notifications and hearings outlined in #6 through #13 below and shall issue the written decision pursuant to #6 where employee misconduct is alleged.
2. Principal: Notifies respondent within ten days and asks respondent to:
a. Confirm or deny facts;
b. Indicate acceptance or rejection of grievant’s requested action; or
c. Outline alternatives.
3. Respondent: Submits written answer within ten days to the principal.
4. Principal: Within ten days after receiving respondent’s answer, principal notifies the grievant and respondent of the date of a hearing with the grievant, the respondent and the principal.
5. Principal, grievant, and respondent: Hearing is conducted. Testimony of grievant and respondent may be scheduled separately, if deemed appropriate by the principal.
6. Principal: Issues a written decision to the student or employee and respondent within ten days after the hearing.
7. Grievant or respondent: If the grievant or respondent is not satisfied with the decision, he/she must notify the principal within ten days and request, in writing, a hearing with the Superintendent.
8. Principal: Schedules a hearing with the grievant, respondent and Superintendent and notifies the grievant and respondent of the date of the hearing within ten days of the receipt of the request for the hearing.
9. Superintendent, grievant, respondent and principal: Hearing is conducted.
10. Superintendent: Issues a written decision within ten days following the hearing.
11. Grievant: If the grievant or respondent is not satisfied with the decision, he/she must notify the principal, in writing, within ten days and request a hearing with the Board of Education.
12. Principal: Notifies the Board of Education, in writing, within ten days after receiving request. Principal schedules hearing with the Board of Education. Hearing is to be conducted within 30 days from the date of notification to the Board of Education.
13. Hearing held by the Board of Education, grievant, respondent and principal and the Board of Education issues a final decision at the hearing regarding the validity of the grievance and any action to be taken.
D. GENERAL PROVISIONS
1. Extension of time: Any time limits set by these procedures may be extended by mutual consent of the parties involved. The total number of days from date that complaint is filed until complaint is resolved shall be no more than 180 days.
2. Access to Regulations: Upon request, the district shall provide copies of any district regulations prohibiting discrimination on the basis of race, age, color, national origin, genetic information, religion, pregnancy, gender, gender expression or identity, sex, sexual orientation, qualified handicap or veteran status.
3. Confidentiality during investigation: Confidentiality will be maintained to the extent possible, but during the course of the investigation, interviewing of witnesses and the explanation of allegations to respondent, some information regarding the grievance may necessarily be disclosed.
4. Confidentiality of Documents: Complaint documents will remain confidential, to the extent allowed by law, unless permission is given by the parties involved to release such information. All complaint documents will be kept separate from any other records of the district. No complaint document shall be entered in any personnel file unless adverse employment action is taken against an employee. Complaint documents shall be maintained on file for three years after complaint resolution.
Adopted 12/13/99
Revised 1/8/01
Revised 12/13/04
Revised 2/12/07
Revised 12/10/07
Revised 12/8/14
Revised 12/14/15
Revised 12/11/17
Revised 12/13/21