Policy 105 - Grievance Procedure

GRIEVANCE PROCEDURE

Lewis Central Community School District students, parents of students, employees and applicants for employment have the right to file a formal complaint alleging non-compliance with federal and state regulations requiring non-discrimination in educational opportunities and employment.

Level One- Principal or Immediate Supervisor
(Informal and may be bypassed by the Complainant)

An employee with a grievance of discrimination on the basis of gender, race, color, national origin, disability, religion, creed, sexual orientation, gender identity or age may first discuss it with their principal/designee or immediate supervisor, with the goal of resolving the matter informally. An applicant for employment with a complaint of discrimination on the basis of gender, race, color, national origin, disability, religion, creed, sexual orientation, gender identity, or age may discuss it with the instructor, counselor, supervisor, department chairperson, building administrator, or personnel contact person involved, with the goal of resolving the matter informally.

A student or parent of a student with a grievance of discrimination on the basis of gender, race, color, national origin, disability, religion, creed, sexual orientation, gender identity, marital status or socioeconomic status may discuss it with the instructor, counselor, supervisor, department chairperson, building administrator, or program administrator involved, with the goal of resolving the matter informally.

Level Two- Equity Coordinator

If the grievance is not resolved at level one, and the grievant wishes to pursue the grievance, he or she may formalize it by filing a complaint in writing with the District’s Equity Coordinator. An investigation of harassment or other discrimination may be initiated without a complaint to the Equity Coordinator with the approval of the superintendent and/or Board.

The formal, written complaint must be filed with the Equity Coordinator within fifteen (15) working days from the date of the event giving rise to the grievance or from the date the grievant could reasonably become aware of such occurrence. The complaint shall state the date filed, the name of complainant, home address, home and work phone number, the nature of the grievance, the date the alleged violation occurred, the remedy requested, and the signature of the complainant.

After, or as part of filing the complaint, the grievant may request that a meeting concerning the complaint be held with the Equity Coordinator. A grievant who is a minor student may be accompanied by a parent or guardian at any such meeting.

The Board may appoint a third-party designee to act in place of the Equity Coordinator when, in the Board’s sole discretion, said appointment would be appropriate and/or necessary.

The Equity Coordinator or designee shall investigate the complaint and attempt to resolve it. The investigation shall be confidential and include, but not be limited to, interviewing and/or obtaining written statements from the grievant, witnesses and the alleged violator. The investigation shall be impartial and, if requested, every effort will be made to protect the parties’ confidentiality.

The Equity Coordinator or designee shall provide a confidential written report regarding action taken relating to the incident. The report shall include a statement of findings of the investigation with a clear statement that, in the investigator’s opinion, the complaint is founded, unfounded or unclear. The Equity Coordinator or designee shall recommend the action to be taken; including but not limited to dismissal of the complaint, further investigation, or discipline of the alleged violator; and/or provide a statement of resolution of the complaint.

This report will be sent within fifteen (15) working days after receipt of the complaint. The superintendent may approve a five (5) working day extension of time if, in the superintendent’s opinion, circumstances justify the same. This report will be sent by certified mail or hand delivered to the grievant (or the grievant’s parent or guardian); the alleged violator; and the alleged violator’s immediate supervisor, school principal or the program administrator directly involved.

The Equity Coordinator is:
NAME: Laurie Thies
POSITION: Special Populations Coordinator
OFFICE ADDRESS: 4121 Harry Langdon Blvd.
Council Bluffs, IA 51503
PHONE NUMBER: (712) 366-8202
OFFICE HOURS: 8:00 a.m. – 4:00 p.m., Monday – Friday

Level Three- Superintendent

If the complaint is not resolved at level two, the grievant may process the complaint to level three by presenting a written appeal to the superintendent or designee within ten (10) working days after the grievant receives the report from the Equity Coordinator or designee. The grievant may request a meeting with the superintendent or designee. The superintendent or designee has the option of meeting with the grievant to discuss the appeal.

The superintendent or designee will review the Equity Coordinator or designee’s report and issue a decision. The decision will be sent within fifteen (15) working days after receipt of the written appeal. This decision will be sent by certified mail or hand delivered to the grievant (or the grievant’s parent or guardian); the alleged violator; and the alleged violator’s immediate supervisor, school principal or the program administrator directly involved.

Level Four- Board of Education

If the complaint is not resolved at level three, the grievant may process the complaint to level four by presenting a written appeal to the Board Secretary within ten (10) working days after the grievant receives the decision from the superintendent or designee. It is within the discretion of the Board to determine whether it will hear the appeal.

This procedure in no way denies the right of the grievant to file formal complaints with the Iowa Civil Rights Commission, the Federal Office of Civil Rights, or the Equal Employment Opportunity Commission for mediation or rectification of civil rights grievances, or to seek private counsel for complaints alleging discrimination.


Adopted: 08/21/95
Modified: 02/07/05; 07/16/07; 12/07/09; 12/21/09; 08/18/14
Reviewed: 07/24/95; 11/17/97; 1/11/99; 01/17/05; 06/18/07; 11/16/09; 08/04/14

Legal Reference: 29 U.S.C. 621-634 (1988).
42 U.S.C. 2000e et. seq. (1988).
42 U.S.C. 12101 et. swq. (Supp. 1990)
Iowa Code 70; 279.8; 601A (1993).
281 I.A.C. 12.4; 95
Iowa Code 19B.12

Cross Reference: Policy 103 Equal Educational Opportunity
Policy 104 Anti-Bullying/Harassment Policy
Policy 401.1 Equal Employment Opportunity
Policy 401.2 Recruitment, Qualifications, and Selection of District Personnel
 
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