Any complaint regarding the interpretation or application of the District’s student nondiscrimination-related policy shall be processed in accordance with the following procedures:
The District promotes the voluntary resolution of problems through direct discussion with the parties involved. If a complaint cannot be solved informally, the complainant may initiate a formal complaint as outlined below. The complaint must be presented in writing which is to include a statement of facts comprising the alleged non-compliance. An informal resolution of a complaint does not prohibit the filing of a formal complaint at any time.
The timelines governing the resolution of a formal complaint do not go into effect until the written complaint is received.
Step 1: Except as outlined in (a) and (b) below, a written statement of the complaint shall be signed and submitted by the complainant to the Principal. The statement shall specify the nature of the alleged discrimination, the facts (including specific details and corresponding dates), the relief sought and the name, address and phone number of the complainant.
The Principal shall thoroughly investigate the complaint, notify the employees who have been accused of discriminating and permit them to respond to the allegation, and arrange a meeting to discuss the complaint with all concerned parties within 10 working days after receipt of the written complaint. The Principal shall, by certified mail, give a written answer to the complaint within 15 working days after receipt of the written complaint unless the parties agree to extend the timeline.
A. Discrimination complaints relating to the identification, evaluation, educational placement or the provision of a student with a disability shall be processed in accordance with established appeal procedures outlined in the Westosha Special Education Handbook
B. Discrimination complaints relating to programs specifically governed by federal law or regulation shall be referred directly to the State Superintendent of Public Instruction
Step 2: If a complainant is not satisfied with the answer of the Principal, a written appeal to the District Administrator may be submitted indicating the nature of the disagreement with the response. The appeal must be filed within 10 calendar days after receipt of the Principal’s answer. The District Administrator shall arrange a meeting with the complainant and all affected parties, if requested by the complainant, at a mutually agreeable time to discuss the appeal. The District Administrator shall, by certified mail, give a written answer to the complainant’s appeal within 10 working days.
Step 3: If the complainant is not satisfied with the answer of the District Administrator, the complaint may be filed with the Board by submitting a written appeal to the District Administrator within 10 calendar days after receipt of the District Administrator’s answer. The Board shall, within 20 calendar days, conduct a hearing at which time the complainant shall be given an opportunity to present the complaint. The Board shall provide by certified mail, a written answer to the complaint within 10 working days following the completion of the hearing. The determination of the Board shall be based upon an investigation of the facts allegedly constituting a violation as presented in the complaint. If it is determined that a violation has occurred, the Board shall take appropriate steps to ensure compliance with state and federal laws and Board policy.
Step 4: If a complainant wishes to appeal a negative determination of the Board, there is the right to appeal the decision to the State Superintendent of Public Instruction within 30 days of the written notification of the Board’s decision. The appeal must specify the grounds upon which the action was brought, the facts and the relief sought, and must be signed. Also, discrimination complaints involving federal law violations (sex, race, color, national origin, handicap or disability) may be made directly, or on appeal to the U.S. Office for Civil Rights.
MAINTENANCE OF COMPLAINT RECORDS
Records shall be kept of all formal and informal student discrimination complaints for the purpose of documenting compliance and past practices. The records shall include information on all levels of the complaint and any appeals. The records should:
- The name of the complainant and his/her title or status
- The date the complaint was filed
- The specific allegation made and any corrective action requested by the complaint
- The name(s) of the respondents
- The levels of processing followed, and the resolution, date and decision-making authority at each level
- A summary of facts and evidence presented by each party involved
- A statement of the final resolution and the nature and date(s) of any corrective or remedial action.