1006.10 DISCRIMINATION GRIEVANCE PROCEDURE (For Students,Patrons, Parents, Staff, and Applicants for Employment)

Applications: Title IX provides that "no person in the United States shall on the basis of gender, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance," with certain exceptions.

In addition, other laws, regulations, guidelines, policies, and recommendations require that the district operate programs and employ persons in a manner which does not discriminate on the basis of race, color, creed, gender, marital status, national origin, religion, age, or disability.

If any party perceives a practice in the district as being discriminatory, they may seek remedial action through the following grievance procedures.

Grievance Steps:

STEP I: Principal, Immediate Supervisor or Personnel Contact Person (Informal and Optional - may be bypassed by the grievant)

Employees with a complaint of discrimination based upon their gender, race, national origin, religion, age or disability are encouraged to first discuss it with their immediate supervisor, with the objective of resolving the matter informally. An applicant for employment with a complaint of discrimination based upon their gender, race, national origin, religion, age or disability with the personnel contact person.

A student, or a parent of a student, with a complaint of discrimination based upon their gender, race, national origin, religion, marital status or disability are encouraged to discuss it with the instructor, counselor, supervisor, building administrator, program administrator or personnel contact person directly involved.

STEP II: Supervisor

If the grievance is not resolved at level one and the grievant wishes to pursue the grievance, the grievant may formalize it by filing a written complaint. The complaint is to be filed with the immediate supervisor. The filing of the formal, written complaint at level two must be within 15 working days from the date of the event giving rise to the grievance, or from the date the grievant could reasonably become aware of such occurrence. The written grievance should include in specific terms the practice(s) which is considered discriminatory, the regulation, principle or statute being violated, and the remedial action being sought. The grievant may request that a meeting concerning the complaint be held with the supervisor. A minor student may be accompanied at that meeting by a parent or guardian. The supervisor shall investigate the complaint and attempt to resolve it. A written report from the supervisor regarding action taken will be sent to the involved parties within a reasonable time, usually within 15 working days, after receipt of the complaint.

STEP III: Superintendent/Designee

If the aggrieved party remains unsatisfied with the progress toward solution of the problem, he/she may within ten (10) work days file a written appeal to the Superintendent. The grievant may request a meeting with the Superintendent or his/her designee. The superintendent/designee may request a meeting with the grievant to discuss the appeal. A decision will be rendered by the superintendent within a reasonable time, usually within 15 working days, after the receipt of the written appeal.

STEP IV: Board of Education

If the aggrieved party remains unsatisfied with the progress toward a solution, he/she may within ten (10) work days, submit written grievance to the Board of Education by submitting a written request to the Superintendent to have the matter placed on the agenda of a special or regularly scheduled Board meeting. A written decision will be furnished to the complaining party following Board action.

If, in cases of disability grievances at the elementary and secondary level, the issue is not resolved through the grievance process, the students/parents have a right to an impartial hearing before a third-party outside the school district to resolve the issue.

This procedure in no way denies the right of the grievant to file formal complaints with the Iowa Civil Rights Commission, the U.S. Department of Education Office for Civil Rights, the Equal Employment Opportunity Commission, or the Iowa Department of Education for mediation or rectification of civil rights grievances, or to seek private counsel for complaints alleging discrimination.

Considerations:

All persons involved in a meeting or hearing may be accompanied by a representative of their choosing.

Grievances involving more than one supervisor may be initiated at Step III.

No form of reprisal shall be taken against any party for reasons of having been involved in the processing of a grievance. Nothing shall prohibit a person from withdrawing a grievance at any step.

(Jun 20, 94; Jun 16, 97, Sep 21, 98, July 7, 2003)