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Title IX/Title VII/Section 504/Title II ADA


Adoption Date: 1/13/1983, Revised: 12/17/1999; 10/08/1992 

4000 - Personnel

 

4116.11 Title IX/Title VII/Section 504/Title II ADA

 

Grievance Procedure — Title IX Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973. Title VII of the Civil Rights Act and Title IT of the Americans with Disabilities Act

The Board or Education of the Lakeland School District of Shrub Oak in compliance with Section 86.8(b) or the Regulations implementing Title IX of the Education Amendments of 1972, Section 84.7 of the Regulations implementing Section 504 of the Rehabilitation Act of 1973, Title VII of the Civil Rights Act and Title II of the Americans with Disabilities Act, which laws and regulations require the adoption and publication of a grievance procedure providing for prompt and equitable resolution of student and employee complaints alleging any action which would he prohibited by Title IX, Section 504, Title VII or Title II/ADA, does hereby adopt the following procedure for the resolution of such complaints.

I.  DEFINITIONS

  1. Grievant shall mean a student, his or her parent, guardian or an employee who alleges that there has been a violation as to him or her of the following statutes or regulations promulgated thereunder: Title IX, Section 504, Title Vii or Title 11/ADA.

  2. Grievance shall mean any alleged violation of Title IX, Section 504, Title VII or Title IT/ADA or the regulations promulgated under such statutes.

  3. Compliance Officer(s) shall mean the employee(s) designated by the Board to coordinate its efforts to comply with and carry out its responsibilities under Title IX, Section 504, Title VII or Title II/ADA, or the Regulations promulgated under such statutes.

  4. Chief Executive Officer shall mean the Superintendent.

  5. Representative shall mean any person designated by the grievant as his or her counsel or to act in his or her behalf.

II. BASIC PRINCIPLES

  1. It is the intent of this procedure to provide for the prompt and equitable resolution of student and employee complaints alleging that as to them, there has been an action prohibited by Title IX, Section 504, Title VII or Title II/ADA, or the Regulations promulgated thereunder.

  2. A student, his or her parents or guardian, or an employee shall have the right to present grievances in accordance with this procedure free from coercion, interference, restraint, discrimination or reprisal.

  3. A grievant shall have the right to be represented at any stage of the procedure by a person or persons of his or her own choice.

  4. It shall be the responsibility of the Chief Executive Officer to take such steps as may be necessary to give force and effect to this procedure.

III. STAGES

A. Stage I-Compliance Officer

  1. Within thirty (30) clays after the events giving vise to the grievance, the grievant shall file a grievance in writing with the appropriate Compliance Officer on a form to be provided by him or her. The Compliance Officer may informally discuss the grievance with the grievant. F or she shall promptly, impartially and comprehensively investigate the complaint. All employees of the School District shall cooperate with the Compliance Officer in such investigation.

  2. Within twenty (20) days of the receipt of the grievance, the Compliance Officer shall make a finding in writing that there has or has not been a violation of Title IX, Section 504, Title VII or Title Il/ADA, or that the findings are inconclusive. In the event that the Compliance Officer finds that there has been a violation, he or she shall propose a resolution of the complaint.

  3. If the grievant is not satisfied with the finding of the Compliance Officer, o with the proposed resolution 01. the grievance, the grievant may, within 11 (‘teen (15) days after ho or she has received the report of the Compliance Officer, file with the Chief Executive Officer or his or her designee, a written request for review by the Chief Executive Officer or his or her designee.

B.   Stage II-Chief Executive Officer

  1. The Chief Executive Officer may request that the grievant, the Compliance Officer, any member of the School District staff or any other person with relevant information, present a written statement to him or her setting forth any information that such person has relative to the grievance and the facts surrounding it.

  2. The Chief Executive Officer or his or her designee shall notify all parties concerned in the case of the time and place when an informal hearing will he held where such parties may appear and present oral and written statements supplementing their position in the case Such heating shall be held within fifteen (15) days of the receipt of the appeal by the Chief Executive Officer or his or her designee.

  3. Within fifteen (15) days of the hearing, the Chief Executive Officer or his or her designee shall tender his or her determination in writing. Such determination shall include a finding that there has or has not 1,ccn a violation of Title IX, Section 504, Title VII or Title TI/ADA or that the findings are inconclusive and, if there has l a violation of Title IX, Section 504, Title VII or Title 11/ADA, a proposal for equitably resolving the complaint.

  4. If the grievant is not satisfied with the determination of the Chief Executive Officer or his or her designee, the grievant may, within fifteen (15) days after its receipt, file with the Clerk of the Board of Education, a written request for review by the Board.

 

C. Stage III-Board of Education

  1. When a request for review by the Board has been made, the Chief Executive Officer or his or her designee shall submit all written statements and other materials concerning the ease to the President of the Board.

  2. The Board shall notify all parties concerned of the time and place when a hearing will be held. Such hearing will be held within fifteen (15) days of the receipt of the request of the grievant. All parties concerned shall have the right to present further statements and testimony at such hearing.

  3. The Board shall render a decision in writing within fifteen (15) days after the hearing has been concluded.

IV. AMENDMENTS

This procedure may be amended at any time by the Board of Education.

V. DISTRIBUTION OP GRIEVANCE PROCEDURE

A copy of this procedure shall be distributed to all employees and to all students and their parents/guardian. A copy of this procedure shall be available for public inspection at reasonable times with the Clerk of the Board or at the office of the appropriate Compliance Officer,

Title IX and Title VII grievances shall be filed with the Title IX/Title VII Compliance Officer, the Director of Personnel, Lakeland Central School District, Shrub Oak, New York 10588.

Policy Cross References:
5145 - Title IX/Title VII/Section 504/Title II ADA

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