Grievance Procedures

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