|
|
Lyme
School Board
Policy Manual
Policy: GAEA
Grievance and Appeal Process
FOR SAU 22 IN COMPLIANCE WITH TITLE IX
REGULATION IMPLEMENTING EDUCATION AMENDMENTS
Definitions and Coverage
1. Any person may file a grievance against any
school in School Administrative Unit #22 (SAU 22) for non-compliance
under the provisions of Title IX, by filing said grievance in
writing with the Assistant Superintendent of SAU 22 who is named
as "designated employee" under 86.8 of the Title IX
Regulation.
2. The term "grievance", when used in this grievance
procedure, shall mean any claim that any person in SAU 22 who
has suffered harm, whether economic or otherwise, as a result
of the violation or the improper, incorrect, or wrongful interpretation
or application of the Title IX Regulation.
3. The rights and remedies established and provided by this grievance
procedure are without prejudice to, and in addition to any and
all rights and remedies, whether administrative, at law or in
equity, guaranteed or provided an individual by the constitutions
and laws of the States of Vermont, New Hampshire and the United
States.
4. Failure at any step of this procedure to communicate a decision
on a grievance within the time limit specified shall permit the
grievant to proceed to the next step. Failure by a grievant at
any step of this procedure to appeal a grievance to the next step
in the time limit specified shall be deemed a waiver of further
appeal of the decision within the SAU 22 level.
5. The grievant shall, during and notwithstanding pendency of
any grievance, continue to observe all assignments and applicable
rules and regulations of the District.
6. Any person in SAU 22 has the right to bypass the local grievance
procedure and file a complaint with the Office for Civil Rights
of the U. S. Department of Health, Education and Welfare. In addition,
any person has the right to initiate a private suit or court action.
7. The grievant has the right to be represented by counsel of
his/her choice at any time in this procedure.
Procedure
1. A grievance shall be considered only if submitted in writing
to the Assistant Superintendent of Schools before the ex¬piration
of thirty (30) calendar days from the day on which the grievant
first knew, or reasonably should have known, of the alleged
act, omission to act or occurrence giving rise to the grievance
that causes this grievance to be filed. Such writing shall briefly
state the nature of such act, omission to act, or occurrence.
2. The Assistant Superintendent shall refer the grievance, within
three (3) school days of its receipt, to the appropriate building
principal and for information to the building grievance committee.
3. The principal and the grievant should attempt to resolve
the grievance. The principal will, within five (5) school days
of receipt of the grievance, render a decision in writing to
the grievant.* If the decision of the building principal does
not resolve the grievance to the satisfaction of the grievant,
he/she may no later than five (5) school days after his/her
receipt of the principal's decision, appeal to the building
grievance committee. Such appeal shall be in writing and shall
briefly specify the nature of the alleged act, omission to act,
or occurrence giving rise to the grievance and the basis of
the grievant's objection to the principal's decision.
4. The building committee and grievant shall meet to informally
discuss the appeal in an attempt to resolve the matter before
the expiration of ten (10) school days from the date on which
the grievant filed his appeal.
5. The building committee shall render their decision in writing
with respect to the appeal before the expiration of five (5)
school days from the day on which they and the grievant met
to discuss the appeal.*
*Copies of written decision at this level should be sent to
the Assistant Superintendent of Schools for information. The
Assistant Superintendent's office will keep a file of all decision
in regards to all Title IX grievances.
6. If the decision of the building committee does not resolve
the grievance to the satisfaction of the grievant, he/she may,
no later than five (5) school days after his/her receipt of
the decision of the building committee, appeal that decision
to the SAU 22 Grievance Committee by filing the appeal with
the Assistant Superintendent's office. The Assistant Superinten¬dent
shall call a SAU 22 Grievance Committee meeting to review the
grievance within ten (10) school days of receipt of the appeal.
Notice of the date of the meeting set to review the grievance
shall be forwarded in writing to the grievant, the building
principal and the building grievance committee, all of whom
may attend and be heard.
7. The SAU 22 Grievance Committee shall, in writing, communicate
its decision to the grievant, the principal, and to the building
committee within ten (10) school days of the date of the meeting
held to review the grievance and appeal.
8. If the decision of the SAU 22 Grievance Committee does not
resolve the grievance to the satisfaction of the grievant, he/she
may, no later than twenty (20) school days after his/her receipt
of the decision of the SAU 22 Grievance Committee, submit a
written request to appeal with the Assistant Superintendent
of School who snail place the grievance on the agenda of the
appropriate school board. This board review should occur within
two regularly scheduled school board meetings.
9. The local School Board must grant a hearing and render a
decision within sixty (60) days of the date the grievance/ appeal
was placed as an article on the agenda. The grievant, the building
committee, the principal, and the SAU 22 Grievance Committee
shall be advised of the date of the hearing and invited to attend
and be heard.
10. A grievance not settled by the end of the school year shall
continue on the above time schedule for action when possible,
except that at the discretion of the grievant and the Assistant
Superintendent all action may be immediately referred to the
school board level.
ADOPTED: 8 April 1976
|