5311.3/5311.3-R Student Policies – Student Conduct – Student Complaints and Grievances

5311.3
STUDENT POLICIES
STUDENT CONDUCT
Student Complaints and Grievances

The Board of Education believes it necessary that students be made aware of the behavior that is expected as outlined in school district procedures and handbooks on school conduct and discipline. Students shall also be given an opportunity to be heard on complaints and grievances they may have.

A student filing a complaint or grievance alleging that there is an action affecting them which is prohibited by Title IX and/or Section 504 of the Rehabilitation Act shall be provided with information regarding the prompt and equitable resolution of the complaint or grievance. Furthermore, a student shall have the right to present complaints and grievances in accordance with the procedure free from coercion, interference, restraint,
discrimination, or reprisal.

The Superintendent of Schools shall establish regulations and procedures for presenting problems or appealing decisions which affect individual students, in accordance with applicable statutory requirements, and for the resolution of complaints or grievances which may affect the student body.

Update Presentation: 8/19/98
First Vote: 9/2/98
Second Vote: 9/16/98

5311.3-R
STUDENT POLICIES
STUDENT CONDUCT
Students Complaints and Grievances Regulation

Definitions

1. Grievant shall mean a student who alleges that there has been a violation of Title IX or Section 504 of the Rehabilitation Act which affect him/her.
2. Grievance shall mean any alleged violation of Title IX or of Section 504 of the Rehabilitation Act.
3. Compliance Officer shall mean the Assistant Superintendent for Curriculum and Instruction.
4. Representative shall mean any person designated by the grievant as his/her counsel or to act in his/her behalf.

Individual complaints and grievances shall be handled in accordance with the following guidelines:

1. For informal conciliation, students should confer with the appropriate teacher or school personnel to achieve prompt resolution. Students may appeal to the highest authority in the school building, i.e., the Building Principal, who has the final determination on all such matters.
2. For resolution of matters where appeal procedures are prescribed by statute, i.e., student suspensions, the prescribed course of action will be followed.
3. On issues affecting the student body, students may address the student
government or student council in order to resolve such matters. Students may be afforded a conference with the Building Principal in accordance with the rules and procedures established by the student government.
4. The resolution of student complaints alleging any action prohibited by Title IX and/or Section 504 of the Rehabilitation Act shall be dealt with in the following matter:

Stages

A. Stage 1 – Compliance Officer

1. Within thirty (30) days after the events giving rise to the grievance, the
grievant shall file a grievance in writing with the Compliance Officer. The
Compliance Officer may informally discuss the grievance with the grievant.
He/She shall promptly investigate the complaint. All employees of the school district shall cooperate with the Compliance Officer in such investigation

2. Within fifteen (15) 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 or Section 504 of the Rehabilitation Act. In the event the
Compliance Officer finds that there has been a violation, he/she shall propose a resolution of the complaint.

3. If the grievant is not satisfied with the finding of the Compliance Officer, or
with the proposed resolution of the grievance, the grievant may, within fifteen (15) days after he/she has received the report of the Compliance Officer, file a written request for review by the Superintendent.

B. Stage II – Superintendent of Schools

1. The Superintendent may request that the grievant, the Compliance Officer,
or any member of the school district staff present a written statement to him/her setting forth any information that such person has relative to the grievance and the facts surrounding it.

2. The Superintendent shall notify all parties concerned as to the time and
place when an informal hearing will be held where such parties may appear
and present oral and written statements supplementing their position in the
case. Such hearing shall be held within fifteen (15) school days of the receipt of the appeal by the Superintendent.

3. Within fifteen (l5) days of the hearing, the Superintendent shall render
his/her determination in writing. Such determination shall include a finding
that there has or has not been a violation of Title IX and/or Section 504 of
the Rehabilitation Act, a proposal for equitably resolving the complaint.

4. If the grievant is not satisfied with the determination of the Superintendent
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 Superintendent shall submit all written statements and other materials concerning the case 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) school 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.