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401.1R COMPLAINT PROCEDURE FOR ALLEGED DISCRIMINATION ON THE BASIS OF SEX

I.       In-House Complaints:

A.            Definitions:

  1. COMPLAINT
    A complaint is a claim by an employee, a group of employees, student, or group of students  that there has been a violation, misinterpretation, or misapplication of any provision of Title IV and Title IV guidelines, and limited thereto.
  2. SCHOOL DAYS
    School days shall mean those days when teachers are in attendance, except during summer vacation when school days shall mean days when the school's business office is open.

B.        Procedures:

There shall be no interference with the operation of the school system on account of a complaint, but the complaint shall be settled under the provision of this procedure. Every employee or student shall have the right to present a complaint in accordance with this procedure.

The failure of an employee or student to act on any complaint within the prescribed time limits will act as a bar to any further appeal. If no decision is given within the specified time limits it shall be deemed a denial of the complaint at that step and shall permit proceeding to the next step. The time limitations may, however, be extended by mutual agreement.

1.         Level One - Superintendent of Schools

The concerned employee or student shall file a written complaint with the Superintendent of Schools or the equal opportunity office with the objective of resolving the matter on that level.

This written complaint must be filed within 10 school days from the date on which the event giving rise to the complaint first occurred.

A meeting between the complainant(s), the superintendent, and anyone deemed necessary to discuss the alleged violation, will be held at a time mutually agreed upon by the complainer(s), and the superintendent it must be held within 20 school days of receipt of the written complaint by the superintendent.

Within ten school days after the meeting the superintendent will render a written decision which will be sent to the person or representative of the people who are doing the complaining and to the president of the Tipton Board of Education.

2.         Level Two - Board of Education

The complaint shall be considered settled at Level One and not subject to further appeal unless, within ten (10) school days after the answer of the superintendent is received or is due, the complainant notifies the superintendent in writing that the issue is being submitted to the school board. The school board, superintendent, and complainant shall meet no less than (10) ten school days after the written complaint has been received by the school board president at a

mutually agreeable time. (The meeting may be delayed by mutual consent.) Other persons who are deemed necessary to present or advise in the hearing are to be eligible to attend. The complainant shall present his/her case to the school board.

The school board president shall file an answer within ten (10) school days of the meeting with the board. The report shall be sent to the complainant and to the superintendent.

3.         Level Three - Office of Civil Rights

The complaint shall be considered settled and not subject to further appeal unless, within ten (10) school days after the board's answer is received the complainant notifies the school board president  and the superintendent that the case is being filed with the Office of Civil Rights. The complainant shall file the complaint with the appropriate office.

THE WRITTEN COMPLAINT

A written complaint may be simply written, but must contain the following written information:

  1. Name and address of complainant.
  2. Explanation of alleged discrimination.
  3. The name(s) of the injured person(s).
  4. The name(s) of the person(s) who allegedly erred in application of Title IX regulations.
  5. The date or approximate date when alleged discrimination took place.
  6. State with what section of the law the school's action contradicts.
  7. What remedy or remedies does the complainant seek?

II.      Citizens Complaints:

Whenever a citizen has a complaint concerning the action of any employee, such citizen shall give information to the employee's immediate supervisor. In the event that the matter is not satisfactorily resolved, the appeal process will follow this order:

  1. Other supervisory or administrative personnel in the line of responsibility.
  2. The Superintendent of Schools
  3. The Board of Directors

No appeal will be heard by the Board of Directors and no charges against the employees will be investigated or acted upon by the Board unless reduced to writing, signed by the party bringing the same, and presented to the Board through the Superintendent of Schools.

 

Approved:   12/9/1996                                                              Reviewed:   09/12/2022                                                  Revised:12/8/2014