Policy 3015: Grievance Procedure - Title IX
The Board of Education of Chappaqua Central School District, in compliance with Section 86.8(b) of the Regulation implementing Title IX of the Education Amendments of 1972, which section requires the adoption and publication of a grievance procedure providing for prompt and equitable resolution of student and employee complaints alleging any action which would be prohibited by Title IX, does hereby adopt the following procedure for the resolution of such complaints.
- Grievant shall mean a student, his or her parent, or an employee who alleges that there has been a violation as to him or her of Title IX or the Regulation promulgated thereunder.
- Grievance shall mean any alleged violation of Title IX or the Regulation promulgated thereunder.
- Compliance Officer shall mean the employee designated by the Board to coordinate its efforts to comply with and carry out its responsibilities under Title IX.
- Chief Executive Officer shall mean the Superintendent of Schools.
- Representative shall mean any person designated by the grievant as his or her counsel or to act in his or her behalf.
- Day shall mean calendar day.
- It is the intent of this procedure to provide for the prompt and equitable resolution of student and employee complaints alleging that as to them there has been an action prohibited by Title IX.
- A student, his or her parents, or an employee shall have the right to present grievances in accordance with this procedure free from coercion, interference, restraint, discrimination or reprisal.
- A grievant shall have the right to be represented at any stage of the procedure by a person or persons of his or her own choice.
- It shall be the responsibility of the Chief Executive Officer to take such steps as may be necessary to give force and effect to this procedure.
The existence of the procedure hereby established shall not impair or limit the right of any individual to pursue any other appropriate remedies available.
Stage I - Informal Appeal
- Every grievance must be presented informally to the grievant's principal or immediate supervisor. If mutual agreement has not occurred after an informal oral presentation of a grievance to a grievant's principal or immediate supervisor, the formal steps set forth below shall be followed. The principal or immediate supervisor shall orally dispose of each grievance informally presented within ten days following the informal presentation.
Stage II - Compliance Officer
- Within thirty (30) days after the events giving rise to the grievance, the grievant shall file a grievance in writing with the Compliance Officer on a form to be provided by him or her. The Compliance Officer may informally discuss the grievance with the grievant. He or she shall promptly investigate the complaint. All employees of the School District shall cooperate with the Compliance Officer in such investigation.
- Within twenty (20) 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. In the event the Compliance Officer finds that there has been a violation, he or she shall propose a resolution of the complaint.
- 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 or she has received the report of the Compliance Officer, file with the Chief Executive Officer a written request for review by the Chief Executive Officer.
Stage III - Chief Executive Officer
- The Chief Executive Officer may request that the grievant, the Compliance Officer, or any member of the School District staff present a written statement to him or her setting forth any information that such person has relative to the grievance and the facts surrounding it.
- The Chief Executive Officer shall notify all parties concerned in the case of 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 days of the receipt of the appeal by the Chief Executive Officer.
- Within fifteen (15) days of the hearing, the Chief Executive Officer shall render his or her determination in writing. Such determination shall include a finding that there has or has not been a violation of Title IX and, if there has been a violation of Title IX, a proposal for equitably resolving the complaint.
- If the grievant is not satisfied with the determination of the Chief Executive Officer, 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.
Stage IV - Board of Education
- When a request for review by the Board has been made, the Chief Executive Officer shall submit all written statements and other materials concerning the case to the President of the Board.
- 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) 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.
- The Board shall render a decision in writing within fifteen (15) days after the hearing has been concluded.
Adopted by Board of Education: June 28, 1976
Revised: March 26, 1991