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104.1-R - 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, physical or mental ability or disability, religion, creed, age (for employment), marital status (for programs) sexual orientation, gender identity, socioeconomic status (for programs), physical attributes, genetic information, ancestry, political party preference, political belief, military status, pregnancy, or familial status 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:

Equal Employment/Nondiscrimination Coordinator/Title IX Coordinator:
Karla Christian, Chief Human Resources Officer
319-447-3036 / kchristian@Linnmar.k12.ia.us

Nondiscrimination Coordinator:
Nathan Wear, Associate Superintendent
319-447-3028 / nathan.wear@Linnmar.k12.ia.us

Special Education/Student Services Nondiscrimination Coordinator:
Anne Faber, Executive Director of Student Services
319-730-3663 / anne.faber@Linnmar.k12.ia.us

Address: 3556 Winslow Road, Marion, IA 52302
Fax: 319-403-8008

Students, parents of students, employees, volunteers, and applicants for employment in the 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 prerequisite to the pursuit of other remedies. Please note that informal processes and procedures are not to be used in certain circumstances (Example: sexual harassment and sexual assault).

LEVEL ONE: FILING A COMPLAINT
A complainant who wishes to use this grievance procedure may do so by filing a complaint with the Equal Employment/Nondiscrimination Coordinator. An alternate will be designated in the event it is claimed that the Equal Employment/Nondiscrimination Coordinator or superintendent committed the alleged discrimination or some other conflict of interest exists.

Complaints shall be filed within 15 working days of the event giving rise to the complaint or from the date the complainant could reasonably become aware of such occurrence. The complainant will state the nature of the complaint and the remedy requested. The Equal Employment/ Nondiscrimination Coordinator shall assist the complainant as needed.

LEVEL TWO: INVESTIGATION
Within 15 working days, the Equal Employment/ Nondiscrimination Coordinator will begin the investigation of the complaint or appoint a qualified person to undertake the investigation (hereinafter “Equal Employment/ Nondiscrimination Coordinator). If the complainant is under 18 years of age, the Equal Employment/Nondiscrimination Coordinator shall notify his or her parents/guardians that they may attend investigatory meetings in which the complainant is involved. The complaint and identity of the complainant, respondent, or witnesses will only be disclosed as reasonably necessary in connection with the investigation or as required by law or policy. The investigation may include but is not limited to the following:

  1. A request for the complainant to provide a written statement regarding the nature of the complaint;
  2. A request for the individual named in the complaint to provide a written statement;
  3. A request for the witnesses identified during the course of the investigation to provide a written statement;
  4. Interviews of the complainant, respondent, or witnesses;
  5. An opportunity to present witnesses or other relevant information; and
  6. Review and collection of documentation or information deemed relevant to the investigation.

Within 30 working days, the Equal Employment/Nondiscrimination Coordinators shall complete the investigation and issue a report with respect to the findings.

The Equal Employment/Nondiscrimination Coordinator shall notify the complainant and respondent of the decision within 5 working days of completing the written report. Notification shall be by U.S. mail, first class.

LEVEL THREE: DECISION AND APPEAL
The complaint is closed after the Equal Employment/Nondiscrimination Coordinator has issued the report, unless within 10 working days after receiving the decision, either party appeals the decision to the superintendent by making a written request detailing why he/she believes the decision should be reconsidered. The Equal Employment/Nondiscrimination Coordinator shall promptly forward all materials relative to the complaint and appeal to the superintendent. Within 30 working days the superintendent shall affirm, reverse, or amend the decision or direct the Equal Employment/Nondiscrimination Coordinator to gather additional information. The superintendent shall notify the complainant, respondent, and the Equal Employment/Nondiscrimination Coordinator within 5 working days of the decision. Notification shall be by U.S. mail, first class.

The decision of the superintendent shall be final.

LEVEL FOUR: APPEAL TO THE SCHOOL BOARD
If the complainant is not satisfied with the superintendent’s decision, they can file a written appeal with the school board president within 5 days of the superintendent’s decision detailing why they believe the decision should be reconsidered. It is within the discretion of the school board to determine whether it will hear the appeal.

The decision of the superintendent in no way prejudices a party from seeking redress through state or federal agencies as provided by in law.

This policy and procedures are to be used for complaints of discrimination, in lieu of any other general complaint policies or procedures that may be available.

If any of the stated timeframes cannot be met by the district, the district will notify the parties and pursue completion as promptly as possible.

Retaliation against any person, because the person filed a complaint or assisted or participated in an investigation, is prohibited. Persons found to have engaged in retaliation shall be subject to discipline by appropriate measures.


Adopted: 9/10
Reviewed: 10/11; 9/16; 3/23
Revised: 4/13; 5/14; 7/17; 10/17; 11/18; 6/20; 10/23; 9/24; 9/25
Related Policy: 104.1; 104.1-E1-E5
IASB Reference: 102-R(1)