Sterling
Schools CUSD #5 2.260
Board of
Education
Uniform Grievance Procedure
Students, parents/guardians,
employees, or community members should notify any District Complaint Manager if
he or she believes that the Board of Education,
its employees, or agents have violated his or her rights
guaranteed by the State or federal Constitution, State or federal statute, or
Board policy, or have a complaint regarding:
1. Title II of the Americans with Disabilities
Act;
2. Title IX of the Education Amendments of 1972;
3. Section 504 of the Rehabilitation Act of
1973;
4. Individuals With Disabilities Education Act,
20 U.S.C. § 1400 et seq.;
5. Title VI of the Civil Rights Act, 42 U.S.C. §
2000d et seq.;
6. Equal Employment Opportunities Act (Title VII
of the Civil Rights Act), 42 U.S.C. § 2000e et seq.;
7. Misuse
of funds received for services to improve educational opportunities for
educationally disadvantaged or deprived children;
8. Victims’
Economic Security and Safety Act, 820 ILCS 180;
9.
10. Provision
of services to homeless students,
11.
Claims of sexual harassment of employees
shall be dealt with pursuant to the District’s separate policy involving sexual
harassment.
Complaints regarding curriculum,
instructional materials, programs, and library materials shall be dealt with
pursuant to Board Policy 6.260.
The Complaint Manager will attempt to resolve
complaints without resorting to this grievance procedure and, if a complaint is
filed, to address the complaint promptly and equitably. The right of a person
to prompt and equitable resolution of a complaint filed hereunder shall not be
impaired by the person’s pursuit of other remedies. Use of this grievance
procedure is not a prerequisite to the pursuit of other remedies and use of
this grievance procedure does not extend any filing deadline related to the
pursuit of other remedies. All deadlines may be extended by the Complaint
Manager as he or she deems appropriate. As used in this policy, “school
business days” means days on which the District’s main office is open.
1. Filing
a Complaint
A person (“Complainant”) who wishes to avail
himself or herself of this grievance procedure may do so by filing a complaint
with any District Complaint Manager. The
Complainant shall not be required to file a complaint with a particular
Complaint Manager and may request a Complaint Manager of the same gender. The Complaint Manager may request the Complainant
to provide a written statement regarding the nature of the complaint or require
a meeting with the student’s parent(s)/guardian(s). The Complaint Manager may assist the
Complainant as needed.
2. Timeliness
of Complaint
So that the District is able to promptly and
effectively deal with any claims of violation of rights, such complaints must
be brought within 30 days of the event, notice, or decision denying or
infringing the right.
3. Investigation
The Complaint Manager will investigate the
complaint or appoint a qualified person to undertake the investigation on his
or her behalf. If the Complainant is a
student, the Complaint Manager will notify his or her parent(s)/custodial
parent/guardians(s) that they may attend any investigatory meetings in which
their child is involved. The complaint and identity of the
Complainant will not be disclosed except (1) as required by law or this policy,
or (2) as necessary to fully investigate the complaint, or (3) as authorized by
the Complainant.
The identity of any student witnesses will
not be disclosed except: (1) as required
by law or any collective bargaining agreement, or (2) as necessary to fully
investigate the complaint, or (3) as authorized by the parent/guardian of the
student witness, or by the student if the student is 18 years of age or older.
Within 30 school business days of the date the compliant was filed, the Complaint Manager shall file a written report of his or
her findings with the Superintendent. The
Complaint Manager may request an extension of time. The Superintendent will keep the Board
informed of all complaints.
4. Decision
and Appeal
Within 5 school business days
after receipt of the Complaint Manager's report, the Superintendent shall mail a written decision to the Complainant by
Within 10 school business days after receiving the written
decision, the Complainant may appeal a
Superintendent’s decision to the Board of Education by making a written request
to the Complaint Manager. The Complaint
Manager shall promptly forward all materials relative to the complaint and
appeal to the Board of Education. Within 30 school business
days of the Board’s receipt of the appeal, the Board of Education shall consider
the materials presented and shall
affirm, reverse, or amend the Superintendent’s decision or direct the
Superintendent to gather additional information. Within 5 school business days
of the Board’s decision, the Superintendent shall inform the Complainant of the
Board’s action. The Board’s decision is
final. This grievance procedure shall not be
construed to create an independent right to a School Board hearing. The failure to
strictly follow the timelines in this grievance procedure shall not prejudice
any party.
5. Appointing
Complaint Managers
The Superintendent shall appoint at least two
Complaint Managers, one of each gender.
The District's Nondiscrimination Coordinator, if any, may be appointed
as a Complaint Manager. The Superintendent shall insert into this policy the
names, addresses, and telephone numbers of current Complaint
Managers.
Name Mr. Tim Schwingle Mrs.
Kathy Howard
Address
Phone (815) 626-5050 (815)
626-3300
LEGAL REF.: Age
Discrimination in Employment Act, 29 U.S.C. § 621 et seq.
Americans With
Disabilities Act, 42 U.S.C. § 12101 et seq.
Equal Pay Act, 29 U.S.C. §
206(d).
Immigration Reform and
Control Act, 8 U.S.C. § 1324a et seq.
Individuals With Disabilities Education Act, 20 U.S.C. § 1400 et seq.
Rehabilitation Act of
1973, 29 U.S.C. § 791 et seq.
Title VI of Civil Rights
Act, 42 U.S.C. § 2000d et seq.
Equal Employment Opportunities Act (Title VII of the Civil Rights Act),
42 U.S.C. § 2000e et seq.
Title IX of the Education
Amendments, 20 U.S.C. § 1681 et seq.
Equal Pay Act of 2003, 820 ILCS 112.
Victims’ Economic Security and Safety Act, 826
ILCS 180
775 ILCS 5/1-101 et
seq.
105 ILCS 5/10-20.7a, 5/10-22.5, 5/22-19, 5/24-4, 5/27.1.
and 45/1-15.
23
CROSS REF.: 5.10,
5.20, 6.140, 6.170, 6.260, 7.10, 7.20, 7.180, 8.70,
8.110
Adopted:
Revised:
Revised:
Revised:
Revised:
Revised:
Revised: February 27, 2008