BLOOMINGTON

HIGH SCHOOL SOUTH

Harassment Grievance Process

GRIEVANCE PROCEDURE FOR TITLE IX, P.L. 92-318, DISCRIMINATION AND HARASSMENT ON THE BASIS OF SEX 5517

Copies of Title IX, P.L. 92-318 and the accompanying regulations from H.H.S. are available for examination in the Administrative Center, 315 North Drive, Bloomington, Indiana.

The purpose of this Grievance Procedure is to provide for an orderly method of resolving grievances on the part of students or employees, based upon charges of discrimination or harassment on the basis of sex in the Monroe County Community School Corporation’s educational programs or employment practices. Staff members who are represented by AFSCME and MCEA should be aware that grievance procedures developed through these negotiated contracts may also be appropriate for use in cases of discrimination in employment.

Group grievances may be filed by two (2) or more persons who have a basically similar grievance when it is believed that the filing of a group grievance will be the most efficient method of extending the benefits of any resolution of a grievance to all persons involved. A group grievance involving persons from the same building may be initiated at Level I. A group grievance involving persons from different buildings may be initiated at Level II.

All students, employees, and applicants for positions are advised that additional avenues for resolving grievances are available through the Human Rights Commission of the City of Bloomington, Indiana. Information regarding these services is available at the Municipal Building, 220 East Third Street, Bloomington, Indiana.

Persons who may file a grievance based upon discrimination or harassment and all employees of MCCSC are advised that any retaliation or discrimination directed at persons who file grievances is contrary to policy and practice of MCCSC.

Records of grievances filed shall not be placed in the permanent file of a person who is a participant in a grievance procedure.

Section 1. Definitions

(a) “Corporation” means the Monroe County Community School Corporation.

(b) “Days” means working days, for grievances filed by employees; and school attendance days, for grievances filed by students.

(c) “Employee” means a person who is on a permanent basis as opposed to a temporary basis, on the payroll of the Corporation.

(d) A “grievance” is a complaint alleging action by the Corporation in violation of Title IX or the implementing regulations.

(e) “Enforcement Officer” means the employee designated by the Corporation to coordinate its efforts to comply with and carry out its responsibilities under Title IX and the implementing regulations. The “Enforcement Officer” for the Monroe County Community School Corporation has been identified as the Director of Personnel, Pam Sklar, 315 North Drive, Bloomington, Indiana 812-330-7700.

(f) “Student” means a person enrolled in one of theschools operated by the Corporation.

(g) “Superintendent” means the Superintendent of Schools or designee.

(h) “Respondent” means the person against whom the grievance is filed.

Section 2. Procedure
All grievances brought by students or employees shall be handled in the following manner:
Each report received by the Principal or the Title IX Enforcement Officer as provided above shall be investigated in a timely and confidential manner. While a charge is under investigation, no information is to be released to anyone who is not involved with the investigation, except as may be required by law or is in the context of legal or administrative proceeding. No one involved is to discuss the subject outside of the investigation.

Step One – Informal
Prior to the institution of the Informal Grievance Step, all persons are advised that they may contact the “Enforcement Officer” for advice and information regarding the utilization of the grievance procedure. All persons are further advised that other informal contacts may be made with any employee of the school corporation whom it is believed would be able to provide advice and assistance in the informal resolution of a grievance.

Within ten (10) days of the time that the grievant knew, or reasonably should have known of the grievance (or within ten (10) days of the publication of the grievance procedure, whichever is later), the grievant shall present the grievance verbally to the building principal (if the grievant is a student) or to the immediate supervisor (if the grievant is an employee). Within ten (10) days after presentation of the grievance, the principal or immediate supervisor shall verbally answer the grievance.

Step Two – The “Enforcement Officer”

(a) Within ten (10) days of the verbal answer, if the aggrieved is not satisfied with the disposition of the grievance at Level I or if no decision is rendered within the above stated time limits, the aggrieved shall complete grievance report form Level II and submit the grievance to the “Enforcement Officer.”

(b) The grievance shall (1) name the employee or student involved, (2) state the facts giving rise to the grievance, (3) identify the specific provisions of Title IX or the implementing regulations alleged to be violated, and (4) indicate the specific relief requested.

(c) The “Enforcement Officer” shall investigate the grievance and within five (5) days after receiving the written grievance, the “Enforcement Officer” shall give his answer in writing to the grievant.

Step Three – The Superintendent

(a) Within ten (10) days of the receipt of the “Enforcement Officer’s” answer, if the aggrieved is not satisfied with the disposition of the grievance at Level II or if no decision is rendered within the above stated time limits, the aggrieved may complete the grievance form Level III and submit the grievance to the Superintendent.

(b) The Superintendent shall hear the grievance within twenty (20) days after receipt of any written grievance properly filed with the Superintendent’s Office and shall render his decision in writing within seven (7) days after such hearing.

(c) The grievant and the respondent shall be afforded a full and fair opportunity to present evidence relevant to the facts and to the issues raised by the grievance, may be represented by counsel, and may bring witnesses at the hearing of a grievance by the Superintendent.

Step Four – The Board

(a) Within ten (10) days of the receipt of the Superintendent’s answer, if the aggrieved is not satisfied with the disposition of the grievance at Level III or if no decision is rendered within the above stated time limits, the aggrieved may complete grievance report form LEVEL IV and submit it to the Board of School Trustees through the Office of the Superintendent of Schools.

(b) The Board of School Trustees shall hear the grievance within ten (10) days after receipt of any written grievance properly filed with the Board through the Superintendent’s Office and shall render its decision in writing within ten (10) days after such hearing.

(c) The grievant and the respondent shall be afforded a full and fair opportunity to present evidence relevant to the facts and to the issues raised by the grievance and may be represented by counsel and may bring witnesses at the hearing of a grievance by the board.

(d) The grievant and all parties to the grievance shall be furnished a copy of the decision of the Board.

(e) The decision for the Board shall be final within the school corporation.

Section 3. Failure to Observe Time Limits
In the event the grievant fails to exhaust its remedies under the grievance procedure provided above, or to abide by the time limits with respects to each step, the grievance shall be presumed to be abandoned and the matter shall be settled in accordance with the Corporation’s last answer thereto. In the event the Corporation fails to give its answer at any step within the time limits prescribed, the grievant shall have the right to proceed immediately to the next step. Any time limit may be extended by written mutual agreement of the grievant and the Corporation.

Section 4. Effect of Settlement
Any settlement of a grievance shall be applicable to that grievance only and shall not necessarily set a precedent for the disposition of any other grievance. Any grievance initiated under this procedure shall be brought by and for the student or employee alleging action in violation of Title IX and the implementing regulations by the Corporation affecting the student or employee initiating the grievance.

Approved November 1976
Revised 10/10/94

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