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Student Complaints And Grievances Regulation

Student Complaints And Grievances Regulation

Definition

  1. Grievant shall mean a student who alleges that there has been a violation
    of Title IX or Section 504 regulations which affect him/her.
  2. Grievance shall mean any alleged violation of Title IX or Section
    504 regulations.
  3. Compliance Officer shall mean the employee designated by the Board of
    Education to coordinate efforts to comply with and carry out responsibilities under Title IX and/or Section 504.
  4. Representative shall mean any person designated by the grievant as his/her counsel or to act in his/her behalf. Individual complaints and grievance shall be handled in accordance with the following guidelines:
    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 investigations.
    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 received the report of the Compliance Officer, file a written request for review by the Superintendent.

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 statement 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 (15) 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.

State 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.

NYSED Complaint procedures can be found at: http://www.nysed.gov/essa/new-york-state-essa-funded-programs-complaint-procedures

Statement Of Nondiscrimination

It is the policy of the Warwick Valley Central School District not to discriminate on the basis of sex, race, color, religion, national origin, or disability in its education programs, activities, or employment.  Any student or employee who believes he or she has been discriminated against has the right to make claim that his or her rights have been denied.

Sexual harassment of students or employees is also a violation of Title IX of the 1972 Education amendments in that it constitutes differential treatment on the basis of sex.  The Office for Civil rights of the U.S. Department of Education maintains jurisdiction over sexual harassment complaints under Title IX and has adopted the following working definition:

Sexual harassment consists of verbal or physical conduct of a sexual nature, imposed on the basis of sex, by an employee or agent of a recipient that denies limits, provides different, or conditions the provisions of aid, benefits, services, or treatment protected under Title IX.

Inquiries regarding this nondiscrimination policy and related grievance procedure may be directed to:

Cindy Leandro, Asst. Superintendent for Human Resources
Warwick Valley Central School District
P.O. Box 595
Warwick, New York 10990