Due Process

A grievance is another name for a complaint. A student grievance must be filed within ten (10) school days from the time of the alleged infraction. Forms can be found in the main office, student advisor’s office, or on the district website.

The grievance procedure may be used where it is alleged that any student or group of students:

1. Is being denied access to an appropriate educational opportunity;

2. Is being denied participation in any school activity for which the student is eligible;

3. Is being denied the opportunity to compete for a position in an activity where the selection is limited;

4. Is being subjected to arbitrary or unreasonable regulation, procedure, or standard of conduct;

5. Is being subjected to sexual harassment. (Skip Step 1 of Grievance Procedure if a teacher is involved); or has not been afforded due process.

When the grievance procedure is used, these steps shall be followed:

1. The grievant shall request a conference with the teacher or person(s) who allegedly treated the student unfairly.

2. If the conference does not resolve the complaint, the grievant shall talk with the department chairperson, a school counselor, or an assistant principal about resolving the complaint.

3. If the conference fails to resolve the issue, the grievant shall file a written grievance with the principal. See sample General Grievance Form below.

4. The principal or designee will investigate the problem and render a written decision within ten (10) school days of receipt of the written grievance.

5. A grievant wishing to appeal the principal’s written decision must file a written appeal with the Superintendent no later than ten (10) school days from the date of receipt of the principal’s written decision.

6. The Superintendent or designee shall investigate the problem and render a written decision.

7. If the written decision of the Superintendent is not acceptable to the grievant, the latter has the right to a written appeal to the New Castle County Vocational Technical School District Board of Education. The written appeal to the Board must be submitted to the District Office within ten (10) days after the student receives the written decision from the Superintendent. The New Castle County Vocational Technical School District Board of Education will render the final decision in writing, within thirty (30) days of receipt of the appeal.

It is the policy of the New Castle County Vocational Technical School District Board of Education to Operate under, and faithfully implement, the provisions of Title IX of the Education Amendments of 1972:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other educational programs or activity receiving federal financial assistance.”

The Board is therefore committed to a policy of compliance with Title IX and to a policy of non-discrimination against any employee or applicant for employment because of race, color, religion, national origin, gender, sexual orientation, marital status, age, disability, or covered veteran status in employment. This policy applies to recruitment, promotion, compensation, tenure, and probation, as well as other conditions of employment.

Employees or students who have complaints of discrimination based on sex, shall direct such complaints to the Personnel Office, the Title IX Coordinator.

New Castle County Vocational Technical School District has adopted an internal grievance procedure providing for the prompt and equitable resolution of complaints alleging any action prohibited by Title IX.

Complaints should be addressed to: Gerald Allen, Director of School Operations/Personnel, at 1417 Newport Road, Wilmington, DE 19804, 302-995-8043, who has been designated to coordinate Title IX compliance efforts.

1. A complaint must be filed in writing, contain the name and address of the person filing it, briefly describe the alleged discriminatory action, and identify the date the action occurred and the name(s) of the person(s) responsible. See sample Title IX Grievance Form on below.

2. A complaint must be filed within 30 days after the complainant becomes aware of the alleged discrimination.

3. Unless the matter can be promptly resolved informally, an investigation will be conducted with respect to all timely filed complaints that raise Title IX issues. The investigation shall be conducted by Gerald Allen. These rules contemplate informal but thorough and impartial investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.

4. A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by Gerald Allen and a copy forwarded to the complainant no later than (10 days) after its filing.

5. The Title IX coordinator shall maintain the files and records of the New Castle County Vocational Technical School District relating to the complaints filed.

6. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within (10 days) to the Superintendent at 302-995-8050.

7. The right of a person to a prompt and equitable resolution of the complaint filed thereunder shall not be impaired by the person's pursuit of other remedies such as the filing of Title IX complaint with the responsible federal department or agency. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies.

8. These rules are to protect the substantive rights of interested persons, to meet appropriate due process standards, and to assure that New Castle County Vocational Technical School District complies with Title IX, and their implementing regulations.