FILE:   GAEAB

 

GRIEVANCE PROCEDURES FOR ALLEGED DISCRIMINATION COMPLAINTS

 

 

I.

Definitions

 

A.

Discrimination Complaint:  A written complaint alleging any policy, procedure or practice which discriminates on the basis of race, color, national origin, sex or qualified handicap.

 

B.

Student Grievant:  A student of the Iberville Parish School System who submits a complaint alleging discrimination based on race, color, national origin, religion, sex, age, or qualified handicap.

 

C.

Employee Grievant:  An employee of the Iberville Parish School System who submits a complaint alleging discrimination based on race, color, national origin, religion, sex, age, qualified handicap, or veteran.

 

D.

Title IX and 504 Coordinator:  The person(s) designated to coordinate efforts to comply with and carry out responsibilities under Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and other State and Federal laws addressing equal educational opportunity.  The Title IX/504 Coordinator is responsible for processing complaints and serves as moderator and recorder during hearings.

 

E.

Respondent:  The person alleged to be responsible for the violation alleged in a complaint.  The term may be used to designate persons with responsibility for a particular action or those persons with responsibility for a particular action or those persons with supervisory responsibility for procedures and policies in those areas covered in the complaint.

 

F.

Day:  Day means a working day.  The calculation of days in complaints processing shall exclude Saturdays, Sundays, and holidays.

 

II.

 Pre-Filing Procedure

 

A.

Prior to filing of a written complaint, the student or employee is encouraged to visit with the site based administrator, and reasonable effort should be made to resolve the problem or complaint.

 

III.

Filing and Processing Discrimination Complaints

 

A.

Grievant:  Submits written complaint to Title IX/504 Coordinator stating name, nature and date of alleged violation; names of persons responsible  (where known); and requested action.  Complaint must be submitted within thirty (30) days of alleged violation.  Complaint forms are available at the Iberville Parish School Board office.

 

B.

Title IX/504 Coordinator: Notifies respondent in writing within ten (10) days from receipt of complaint and asks respondent to:

 

1.

Confirm or deny facts

 

2.

Indicate acceptance or rejection of student or employee's requested action, or

 

3.

Outline alternatives.

 

C.

Respondent:  Within ten (10) days from receipt of notification of complaint submits written answer to Title IX/504 Coordinator.

 

D.

Title IX/504 Coordinator:  Within ten (10) days after receiving respondent's answer, Title IX/504 Coordinator refers the written complaint and respondent's answer to the principal or other designee.  The Title IX/504 Coordinator also schedules a hearing with the grievant, the respondent, and the principal or other designee.

 

E.

Principal, Grievant, Respondent, and Title IX/ 504 Coordinator: Hearing is conducted.

 

F.

Principal:  Issues within ten (10) days after the hearing a written decision to the student or employee, respondent and Title IX/504 Coordinator.

 

G.

Grievant or Respondent:  If the grievant or respondent is not satisfied with the decision, they must notify the Title IX/504 Coordinator in writing within ten (10) school days and request a hearing with the Superintendent.

 

H.

Title IX/504 Coordinator:  Schedules within ten (10) school days of receipt of request, a hearing with the grievant, respondent, and Superintendent.

 

I.

Superintendent, Grievant, Respondent, and Title IX/504 Coordinator: Hearing is conducted.

 

J.

Superintendent:  Issues a decision within ten (10) days following the hearing.

 

K.

Grievant:  If the grievant or respondent is not satisfied with the decision, they must notify the Title IX/504 Coordinator in writing within ten (10) school days and request a hearing with the School Board.  Such written request must include copies of all decisions previously rendered in connection with the complaint.

 

L.

Title IX/504:  Notifies governing board within ten (10) days after receiving request. Title IX/ 504 Coordinator schedules hearing with governing board. Hearing to be conducted within thirty (30) days from the date of notification to the governing board.

 

M.

School Board or hearing panel established by the Board:  Respondent, Grievant and Title IX/504 Coordinator.  Hearing is conducted.

 

N

School Board:  Issues a final written decision within ten (10) days after the hearing regarding the validity of the grievance and any action to be taken.

 

IV.

General Provisions

 

A.

Extension of time:  Any time limits set by these procedures may be extended by mutual consent of parties involved.  The total number of days from date that complaint is filed until complaint is resolved shall be no more than eighty (80) days.

 

B.

Access to Regulations:  The Iberville Parish School Board shall provide copies of all regulations prohibiting discrimination on the basis of race, color, national origin, religion, sex, age, qualified handicap, or veteran upon request.

 

C.

Confidentiality of Records: A report of sexual harassment or intimidation and the investigation shall be kept in strictest confidence, where practical, for the protection of all parties involved.  The School Board's obligation to investigate and take corrective action, however, may supersede an individual's right to privacy.

 

Revised:  October, 1998

 

 

Ref:    U.S. Constitution, Amend. XIV, Sec. 1

20 USC 1681(Title IX of the Education Amendments of 1972)

29 USC 621 (Age Discrimination in Employment)

29 USC 623 (Age Discrimination Act of 1967)

29 USC 631 (Age limits)

29 USC 705 (Rehabilitation Act of 1972)

42 USC 2000d (1964 Civil Rights Act)

42 USC 12101 (Americans with Disabilities Act of 1990)

Griggs v. Duke Power Company, 91 S.Ct. 849 (1979)

Singleton v. Jackson Municipal Separate School District, 419 F.2d 1211 (5th Cir. 1979)

 

Iberville Parish School Board