Grievance Procedure for Complaints of
Discrimination, Harassment, Violence and Other Offensive Behavior
Independent School District 199
maintains a firm policy prohibiting all forms of unlawful discrimination,
harassment, violence, and other offensive behavior based on an individual’s
race, color, creed, religion, national origin, sex, age, marital status,
status with respect to public assistance, sexual orientation, gender identity
and expression, familial status, or disability.
ISD 199 prohibits discrimination,
harassment, violence and other offensive behavior by or toward a student,
school district personnel, or third party that occurs on any property owned or
controlled by District or in connection with any activity sponsored by or
associated with District. District environments covered include academic,
extra-curricular, and co-curricular environments with an approved District
association.
Reporting a
Grievance
Any person who believes he or she
has been the victim of unlawful discrimination or any person with knowledge or
belief of conduct that may constitute unlawful discrimination shall report the
alleged acts immediately to an appropriate school. district official designated
by this policy. The complaint must be filed within 90 calendar days of the
alleged violation.
The Human Rights Officer is
responsible for receiving oral or written complaints of unlawful discrimination
toward an employee or student. However, nothing in this policy shall prevent
any person from reporting unlawful discrimination toward an employee or student
directly with the Human Rights Officer, the school board or other school
district official.
The school board hereby designates
Director of Human Resources Michele Carroll, 2990 80th Street East, Inver Grove
Heights, 651-306-7805, [email protected]
as the school district Human Rights Officer to receive reports, complaints, or
grievances of unlawful discrimination. If the complaint involves a Human Rights
Officer, the complaint shall be filed directly with the Superintendent.
Upon receipt of a complaint, the
Human Rights Officer shall immediately notify the Superintendent. If the
Superintendent is the subject of the complaint, the Human Rights Officer shall
immediately notify the school board.
The Human Rights Officer may request
a written complaint. Alternative means of filing a complaint, such as through a
personal interview or by tape recording, shall be made available upon request
for qualified persons with a disability. If the complaint is oral, it shall be
reduced to writing within 24 hours and forwarded to the Superintendent. Failure
to do so may result in disciplinary action. The school district encourages the
reporting party to complete the complaint form for written complaints. It is
available from the principal of each building or the school district office.
The school district shall respect
the privacy of the complainant, the individual(s) againstwhom the complaint is
filed, and the witnesses, consistent with the school district’s legal
obligations to investigate, take appropriate action, and comply with any
discovery or disclosure obligations.
Responsible Administrators
Any prohibited conduct should be
reported to the appropriate responsible administrator as outlined below.
Students
A student who is the target of
alleged prohibited conduct should make a complaint as follows:
-If the alleged offender is a
student, the conduct should be reported to the school principal. An alternative
option is to report the conduct to the Superintendent or Superintendent’s
designee.
-If the alleged offender is a school
district personnel member or third party, the conduct should be reported to the
school principal. An alternative option is to report the conduct to the
Director of Human Resources.
School District Personnel Members
A school district personnel member
who is the target of alleged prohibited conduct should make a complaint as
follows:
-If the alleged offender is a student, the conduct should be
reported to the school principal. An alternative option is to report the
conduct to the Superintendent or Superintendent’s designee.
-If the alleged offender is a school district personnel
member or third party, the conduct should be reported to the school principal.
An alternative option is to report the conduct to the Director of Human
Resources.
-If the alleged offender is the Superintendent or a member of
the Board of Education, the conduct should be reported to the Chair of the
Board of Education.
-If the alleged offender is the Chair of the Board of
Education, the conduct should be reported to the Vice-Chair.
Third Parties
A third party who is the target of
alleged prohibited conduct should make a complaint as follows:
-If the alleged offender
is a student, the conduct should be reported to the school principal. An
alternative option is to report the conduct to the Superintendent or Superintendent’s
designee.
-If the alleged offender is a school district personnel
member or third party, the conduct should be reported to the school principal.
An alternative option is to report the conduct to the Director of Human
Resources.
Responsible administrators who
receive complaints of alleged prohibited conduct must document all complaints
using District provided report forms, which can be obtained from the school
principal, the District office or on the District’s website.
Nothing in this procedure prevents
any individual from reporting alleged prohibited conduct directly to the
Superintendent or from using alternative District policies or procedures. For
example, students may report sex discrimination to the District’s Title IX
Coordinator. In addition, to the extent permitted by the agencies, individuals
may file complaints with outside agencies including the Minnesota Department of
Human Rights, the U.S. Department of Education Office of Civil Rights (Region
V), and the Equal Employment Opportunity Commission.
Investigation of a Grievance
The Human Rights Officer, upon
receipt of a complaint alleging unlawful discrimination shall promptly
undertake an investigation if deemed appropriate. The investigation may be
conducted by the Title IX coordinator for complaints of sex discrimination or
the Section 504 Coordinator for complaints of disability discrimination, or a
school district official or neutral third party designated by the Title IX
coordinator, Section 504 coordinator or Human Rights Officer. The investigation
shall be completed within 30 days of the complaint, unless impracticable
The investigation may consist of
personal interviews with the complainant, the individual(s) against whom the
complaint is filed, and others who may have knowledge of the alleged
incident(s) or circumstances giving rise to the complaint. The investigation
may also consist of other methods deemed pertinent by the investigator.
In determining whether the alleged
conduct constitutes a violation of this policy, the school district shall
consider the facts and the surrounding circumstances such as the nature of the
behavior, past incidents or continuing patterns of behavior, the relationships
between the parties involved and the context in which the alleged incident
occurred.
The school district may take
immediate steps to protect the parties involved in the complaint process,
pending completion of an investigation of alleged unlawful discrimination.
Upon completion of the
investigation, the school district investigator shall make a written report to
the Human Rights Officer. If the complaint involves the Human Rights Officer,
the report may be filed directly with the Superintendent or school board. The
report shall include the facts, a determination of whether the allegations have
been substantiated, whether a violation of this policy has occurred as well as
a description of any proposed resolution which may include alternative dispute
resolution.
The district shall comply with
federal and state law pertaining to retention of records.
Appeal Process
If the grievance has not been
resolved to the satisfaction of the complainant, s/he may appeal to the Human
Rights Officer within ten (10) school days of receipt of the findings of the
school district investigation. The school district investigator shall conduct a
review of the appeal and within ten (10) school days of receipt of the appeal,
shall affirm, reverse, or modify the findings of the report. The decision of
the school district investigator is final but does not preclude pursuit of
alternative complaint procedures noted in the section entitled “Right to
Alternative Complaint Procedures.”
School District Action
Upon conclusion of the investigation
and receipt of the findings, the school district shall take appropriate action.
If it is determined that a violation has occurred, such action may include, but
is not limited to, restorative practices, remediation, warning, suspension,
expulsion, transfer or termination. School district action taken for violation
of this policy shall be consistent with the requirements of applicable
collective bargaining agreements, Minnesota and federal law and school district
policies.
The result of the school district’s
investigation of each complaint filed under these procedures shall be reported
in writing to the complainant by the school district in accordance with state
and federal law regarding data or records privacy.
Retaliation
The school district shall take
appropriate action against any student, teacher, administrator or other school
personnel who retaliates against any person who reports alleged unlawful
discrimination toward an employee or student or any person who testifies,
assists or participates in an investigation or hearing relating to such unlawful
discrimination. Retaliation includes, but is not limited to, any form of
intimidation or harassment.
Conflict of Interest
If there is a conflict of interest
with respect to any party affected by this policy, appropriate action shall be
taken such as, but not limited to, appointing or contracting with a neutral
third party investigator to conduct the investigation or recusal from the
process the person for whom a conflict or potential conflict of interest
exists.
Dissemination of Procedures
The school district shall adopt and
publish these procedures.
District Grievance Contacts
Title IX Coordinator/Section 504
Coordinator
Director of Special Services, Abel Riodique
2990 80th Street East
Inver Grove Heights, Minnesota 55076
651-306-7828
[email protected]
Title IX Alternative Coordinator
Activities Director, Will Short
2920 80th Street East
Inver Grove Heights, Minnesota 55076
651-306-7002
[email protected]
Section 504 Alternative Coordinator
Assistant Director of Special
Education, Kris Hillesheim
2990 80th Street East
Inver Grove Heights, MN 55076
651-306-7826
[email protected]
Human Rights Officer &
For Complaints of Employment
Discrimination:
Director of Human Resources, Michele
Carroll
2990 80th Street East
Inver Grove
Heights, MN 55076
651-306-7805
[email protected]
Right to Alternative Complaint Procedures
These procedures do not deny the
right of any individual to pursue other avenues of recourse, which may include
filing charges with the agencies listed below or initiating action in state or
federal court.
Claims of discrimination may also be
pursued through the following agencies where appropriate:
U.S. Department of Education
Office for Civil Rights, Region V
500 W. Madison Street – Suite 1475
Chicago, IL 60661
Tel: 312-730-1560
TDD: 312-730-1609
MN Department of Human Rights
190 E 5th Street
St. Paul, MN 55101
800.657.3704
651.296.5663
TDD 651.296.1283
For
complaints of employment discrimination:
Equal Employment Opportunity Commission
330 S. 2nd Avenue Suite 430
Minneapolis, MN 55401
800.669.4000
612.335.4040
TDD 612.335.4045
This
is general information and is not to be a substitute for legal advice. Changes
in the law,
including timelines for filing a complaint, may affect your rights.
ISD 199 Grievance Form:
General Statement of Policy Prohibiting Unlawful Discrimination, Harassment, Violence and
other Offensive Behavior Grievance Form