4000 Personnel

4100 General

4110 Rights, Responsibilities and Duties

4115 Sexual Discrimination and Harrassment

4115.1 Grievance Procedure

Purpose

When an individual feels that he/she has a basis for a complaint concerning an alleged violation of Title IX, he/she may file a written complaint with his/her principal/supervisor. Such complaint shall be in writing on forms provided by the school district, shall describe the nature of the complaint, and identify the particular section of the law and/or the rules and regulations alleged to have been violated.

Provisions

A. The board shall appoint annually a compliance officer.

B. Nothing contained herein shall be construed so as to limit in any way the ability of, or authority for, the school district and the grievant to resolve any grievance informally.

C. This grievance procedure shall take precedence over any other formal grievance procedure with reference to complaints. In the event of a dispute as to whether this grievance procedure or some other is applicable in a given situation, the compliance officer shall make the final determination. Nothing contained herein shall preclude the school district from pursuing any other legal proceeding and specifically proceedings pursuant to the "Teacher Employment, Compensation and Dismissal Act."

D. Grievances filed at any level must be submitted on the district approved grievance form.

Procedure

Upon receipt of the complaint, the principal/supervisor shall conduct an investigation and shall render a written decision. Such decision shall be submitted to the individual within seven school days. If the individual is not satisfied with the decision of the principal/supervisor, within five school days after receipt of such decision, he/she may request that the school district's compliance officer investigate the matter. The compliance officer shall conduct an independent investigation and shall attempt an informal resolution of the complaint. Following the investigation, the compliance officer shall submit a written report of the investigation to the principal/supervisor and the individual.

If the individual continues to be dissatisfied with the decision of his/her principal/supervisor or is dissatisfied with the investigation results of the compliance officer, he/she may request that the decision of the principal/supervisor or the investigation report of the compliance officer be reviewed by the superintendent or his/her designee. Such request shall be submitted to the superintendent within five school days after submission of the written report of the compliance officer.

The superintendent or his/her designee shall render a written report either affirming the actions of the compliance officer and/or principal/supervisor, or alternatively recommend another resolution.

If the individual is dissatisfied with the decision of the superintendent, he/she may request a hearing before the Board of Education in accordance with the following procedures:

1. If an individual is not satisfied with the disposition of a complaint that has been reviewed by the superintendent or his/her designee, the individual may request a hearing by the Board be filed in writing with the president of the Board within 10 school days of the decision of the superintendent or his/her designee .

2. The Board shall hold a hearing no later than its next regularly scheduled meeting provided it has received the request at least five days prior to such meeting.

3. The individual may be represented by counsel at the hearing at no expense to the school district.

4. Any party to a hearing may present evidence and cross-examine witnesses.

5. An official stenographic record of the hearing may be made at the request of any party and a copy of any transcript shall be provided to the Board. If the individual requests a copy of any transcript, the cost of making the stenographic record will be shared equally by the Board and the individual.

6. The names of the individual's witnesses must be made available to the president of the Board three days in advance of the hearing.

7. Pertinent information not privileged under law, in the possession of the school district, shall be made available to the individual at his/her own expense.

8. Any hearing will be held in closed session unless mutually agreed to it being open to the public.

9. The Board shall submit a decision not later than its next regularly scheduled meeting subsequent to meeting at which hearing was held.

10. The decision of the Board shall be final.

Adopted: 2/23/95

Moffat County School District RE-1 Regulation 4115.1