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105.1-R - Administrative Regulations Regarding Equal Educational Opportunity Grievance Procedures

 

 

 

It is the policy of the Linn-Mar Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socio-economic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact:

Associate Superintendent Nathan Wear
Phone: 319-447-3028 / Email: nathan.wear@Linnmar.k12.ia.us

Chief Officer of Human Resources Karla Christian
Phone: 319-447-3036 / Email: kchristian@Linnmar.k12.ia.us

Students, parents/guardians of students, employees, and applicants for employment in the school district have the right to file a formal complaint alleging discrimination. The district has policies and procedures in place to identify and investigate complaints alleging discrimination. If appropriate, the district will take steps to prevent the recurrence of discrimination and to correct its discriminatory effects on the complainant and others.

A complainant may attempt to resolve the problem informally by discussing the matter with a building principal or a direct supervisor. However, the complainant has the right to end the informal process at any time and pursue the formal grievance procedures outlined below. Use of the informal or formal grievance procedures is not a pre-requisite to the pursuit of other remedies. Please note that informal processes and procedures are not to be used in certain circumstances (e.g., sexual harassment and sexual assault).

Level One
Principal, Immediate Supervisor, or Chief Officer of Human Resources

(Informal and Optional – may be bypassed by the grievant)

Employees with a complaint of discrimination based upon their race, creed, color, religion, gender, age, national origin, marital status, sexual orientation, gender identity, covered military veteran, disability, genetic information, familial status, physical attribute, political belief/party preference, or socio-economic status are encouraged to first discuss it with their immediate supervisor with the objective of resolving the matter informally.

An applicant for employment with a complaint of discrimination based upon their race, creed, color, religion, gender, age, national origin, marital status, sexual orientation, gender identity, covered military veteran, disability, genetic information, familial status, physical attribute, political belief/party preference, or socio-economic status are encouraged to first discuss it with the chief officer of human resources. This paragraph is for employees and marital status isn’t a protected class for employees.

A student or a parent of a student with a complaint of discrimination based upon their race, creed, color, religion, gender, age, national origin, marital status, sexual orientation, gender identity, covered military veteran, disability, genetic information, familial status, physical attribute, political belief/party preference, or socio-economic status are encouraged to discuss it with the instructor, counselor, supervisor, building administrator, program administrator, or personnel contact person directly involved.

Level Two
Compliance Officer

If the grievance is not resolved at Level One and the grievant wishes to pursue the grievance, the grievant may formalize it by filing a complaint in writing with the district compliance officer (Refer to Policy 105.1-E4). The complaint will state the nature of the grievance and the remedy requested. The filing of the formal, written complaint at Level Two must be within 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 grievant may request that a meeting concerning the complaint be held with the compliance officer. The grievant will be given the opportunity to present witnesses and other relevant information. A minor student may be accompanied at the meeting by a parent or guardian. The compliance officer will investigate the complaint and attempt to resolve it. This investigation may include requesting witnesses to provide a written statement as well as interviews with the complainant, respondent, and witnesses (Refer to Policy 105.1-E5). A written report from the compliance officer regarding action taken will be sent to the involved parties within a reasonable time after receipt of the complaint (Refer to Policy 105.1-E6).

Level Three
Superintendent/Administrator

If the complaint is not resolved at Level Two the grievant may appeal it to Level Three by presenting a written appeal to the superintendent within five working days after the grievant receives the report from the compliance officer. The grievant may request a meeting with the superintendent. The superintendent may also request a meeting with the grievant to discuss the appeal. A decision will be rendered by the superintendent within a reasonable time after the receipt of the written appeal. If, in cases of disability grievances at the elementary and secondary level, the issue is not resolved through the grievance process the parents have a right to an impartial hearing to resolve the issue.

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

Level Four
Appeal to Board

If the grievant is not satisfied with the superintendent’s decision the grievant can file an appeal with the board within five days of the decision. It is within the discretion of the board to determine whether it will hear the appeal.

The Linn-Mar Community School District takes all grievance claims very seriously and will take steps to prevent the recurrence of any discrimination that may occur.

The Compliance Officers are:
Associate Superintendent Nathan Wear
Phone: 319-447-3028 / Email: nathan.wear@Linnmar.k12.ia.us

Chief Officer of Human Resources Karla Christian
Phone: 319-447-3036 / Email: kchristian@Linnmar.k12.ia.us

Linn-Mar Community School District
2999 N 10th Street, Marion IA 52302
Fax: 319-377-9252
Office Hours: 7:30 AM to 4:30 PM (M-Th) and 7:30 AM to 4:00 PM (Fri)          


Adopted: 9/10
Reviewed: 10/11; 9/16
Revised: 4/13; 5/14; 7/17; 10/17; 11/18
Related Policy (Code #): 104; 104-R; 104-E1-E3; 105.1; 105.1-E1-E6
Legal Reference (Code of Iowa): §§ 216.6; 216.9; 256.11; 280.3