Policy Title Grievance Procedure (Title IX Discrimination) Code No. 1100
This procedure is to allow students, parents and teachers and other district employees a fair means through which to seek local administrative redress for alleged violations, misinterpretations, or inequitable applications of school district policies and practices relative to provisions of federal anti-discrimination legislation.
Parties who feel themselves aggrieved are urged to first make a good faith effort to correct the situation through negotiating with the persons involved, or with their immediate supervisor. No provision of the formal grievance procedure shall be construed to limit in any way the ability of the grievant and the district to mutually and informally resolve the grievance at any stage of the process.
A Formal Grievance is a written complaint which:
(1) Sets forth the allegation that there has been a violation, misinterpretation or inequitable application of any district policy or practice relative to federal anti-discrimination legislation.
(2) Specifically identifies the policy or statute violated, misinterpreted or inequitably applied.
(3) Furnishes sufficient background concerning the alleged violations that led to the allegation.
(4) Specifies what action by the district would constitute a redress or resolution of the grievance.
Provisions:
A grievance must be filed within 30 calendar days of the date the grievant knew or could reasonably have been expected to know of the circumstances which occasioned the grievance.
No person shall suffer recrimination or discrimination because of participation in this grievance procedure. Recrimination is itself a grievous offense under the equal opportunity statutes.
No record of participation in grievance proceedings shall be included in personnel or educational files without the concerned individual's written permission.
The grievant shall have the right to be represented at any stage by counsel or another agent of his/her choice, and shall have the right to call witnesses and present such evidence or testimony as he/she sees necessary for a fair presentation of his/her complaint.
Whenever possible, hearings shall be scheduled during a mutually convenient time that does not conflict with school programs.
Employees or students shall be free to testify regarding any grievance filed. The expense of necessary and approved release time for employees shall be borne by the school district. Students will be allowed a reasonable time to make up class work missed because of their necessary attendance at hearings scheduled during the school day.
Confidentiality will be observed pending resolution of the grievance or final decision by the Board.
The grievant is encouraged but not required to follow this grievance procedure.
Procedure:
Step I
1. The grievant shall prepare and file a formal grievance with the compliance officer.
2. The compliance officer shall investigate the complaint and shall issue to the grievant and the appropriate administrative officer within 10 working days following the filing of the grievance a written report setting forth his/her findings and recommendations for the resolution of the grievance.
3. The grievant and the administrator shall have five working days after receipt of the report to accept or reject its recommendations.
4. The grievance shall be considered resolved if the grievant and the administrator accept the recommendations of the compliance officer or if the grievant fails to file the grievance at Step II within the time limits.
5. If no written report has been issued within the specified time limit, or if the grievant or administrator shall reject the recommendations of the compliance officer, or if the district fails within ten days after having accepted the recommendation to furnish conclusive evidence of its intent to act on the recommendations, the grievant shall be free to file the grievance at Step II.
Step II
1. Within ten days following the conditions set forth in Step I, the grievant shall file with the School Board a written request for a hearing of the grievance.
2. Upon receipt of written request for a hearing, the Board shall set a date for said hearing, mutually acceptable to the grievant and the district, but at a time no later than 15 calendar days from the filing of the request. The hearing will be public unless the grievant requests in writing that the hearing be held in executive session.
3. Both parties at the hearing will have the right to be represented by counsel or other designated agents, to call and cross examine witnesses and to present written testimony or other evidence to support their cases.
4. Within ten days after the close of the hearing, the Board shall issue its decision and its charge to the administrator for the resolution of the grievance. The grievance shall be considered resolved if the Board's recommendations are accepted by the grievant.
5. Expenses incident to the hearing will be borne by the district, not to include the grievant’s legal fees.
In the event that the grievance remains unsolved at the termination of the grievance procedure, the grievant is free to pursue such litigation or statutory remedy as the law may provide.
The agencies listed below receive discrimination complaints whether or not the local grievance procedure has been used.
Idaho Human Rights Commission Office of Civil Rights
506 N. 5th Street U.S. Office of Education
Boise, Idaho Dept. of H.E.W.
1321 Second Avenue
Seattle, Washington 98101
United States Dept. of Labor Equal Employment Opportunity Comm.
Wage an Hour Division 414 Olive Way
550 West Fort Street Seattle, WA 98101
Boise, ID 83702
Idaho Dept. of Labor & Industrial Services
Employer & Employee Relations Division
Wage and Hour Bureau
317 Main Street
Boise, ID 83702
Date of Adoption:
1979
Revised 3/9/92, 1/13/93