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Grievance Procedure for Title IX, II and Section 504

J-3600 © JII
STUDENT CONCERNS, COMPLAINTS,
AND GRIEVANCES

The Superintendent is directed to establish procedures whereby students with sufficient concern may present a complaint or grievance regarding a violation of their constitutional rights, equal access to programs, discrimination, or personal safety provided that:

  • The topic is not the subject of disciplinary or other proceedings under other policies and regulations of the District, and
  • The procedure shall not apply to any matter for which the method of review is prescribed by law, or the Governing Board is without authority to act.

A complaint or grievance may be raised regarding one (1) or more of the following:

  • Violation of the student's constitutional rights.
  • Denial of an equal opportunity to participate in any program or activity for which the student qualifies not related to the student's individual capabilities.
  • Discriminatory treatment on the basis of race, color, religion, sex, age, national origin, or disability.
  • Concern for the student's personal safety.

Refer to Board Policy JICK for procedures applying to a complaint or grievance that alleges incidences of student violence, harassment, intimidation, or bullying.

The accusation must be made within thirty (30) calendar days of the time the student knew or should have known that there were grounds for the complaint or grievance. The initial complaint or grievance should be made using form JII-EA; however, a verbal complaint or grievance may be made to any school staff member. The receiving staff member shall immediately inform an administrator of the complaint or grievance.

When the initial complaint or grievance is submitted in a manner other than on the prescribed form, the administrator shall obtain from the student the particulars of the accusation and complete form JII-EA immediately thereafter. The administrator shall especially note all student-provided particulars determined by the Superintendent to be necessary for the complaint or grievance to be investigated. Any question concerning whether a complaint or grievance falls within this policy shall be determined by the Superintendent.

If the receiving school administrator is included in the allegation, the complaint or grievance shall be transmitted to the next higher administrative supervisor. Failure by the staff member to timely inform a school administrator or next higher administrative supervisor of a student's allegation may subject the staff member to disciplinary action. The staff member shall preserve the confidentiality of the subject, disclosing it only to the appropriate school administrator or next higher administrative supervisor or as otherwise required by law.

A student or student's parent or guardian may initiate the complaint process by completing Exhibit JII-EA.

A complaint or grievance may be withdrawn at any time. Once withdrawn, the process cannot be reopened if the resubmission is longer than thirty (30) calendar days from the date of the occurrence of the alleged incident.

Retaliatory or intimidating acts against any student who has made a complaint under this policy and its corresponding regulations, or against a student who has testified, assisted or participated in any manner in an investigation relating to a complaint or grievance, are specifically prohibited and constitute grounds for a separate complaint.

To assure that students and staff are aware of its content and intent, a notice of this policy and procedure shall be posted conspicuously in each school building and shall be made a part of the rights and responsibilities section of the student handbook. Forms for submitting complaints are to be available to students, staff and parents or guardians in the school offices.

Disposition of all complaints or grievances shall be reported to the Superintendent and the compliance officer for discrimination if other than the Superintendent. The Superintendent will determine if the policies of the District have been appropriately implemented and will make such reports and/or referrals to the Board as may be necessary.

The Superintendent shall develop procedures for the maintenance and confidentiality of documentation related to the receipt of a student's complaint or grievance, findings of the investigation, and disposition of the matter. The documentation shall not be used to impose disciplinary action unless the appropriate school official has investigated and determined there was an actual occurrence of the alleged incident.

Knowingly submitting a false report under this policy shall subject the student to discipline up to and including suspension or expulsion. Where disciplinary action is necessary pursuant to any part of this policy, relevant District policies shall be followed.

When District officials have a reasonable belief or an investigation reveals that a reported incident may constitute an unlawful act, law enforcement authorities will be informed.

Adopted: date of Manual adoption

LEGAL REF.: A.R.S. 15-341

CROSS REF.: AC - Nondiscrimination/Equal Opportunity

ACA - Sexual Harassment

GBEB - Staff Conduct

JB - Equal Educational Opportunities

JIC - Student Conduct

JICFA - Hazing

JICK - Student Violence/Harassment/Intimidation/

Bullying

JK - Student Discipline

JKD - Student Suspension

JKE - Expulsion of Students

KE - Public Concerns and Complaints

J-3611 © JII-R

REGULATION REGULATION

STUDENT CONCERNS, COMPLAINTS,
AND GRIEVANCES

A student who complains or grieves regarding constitutional rights, equal access to programs, discrimination, or personal safety issues may complain directly to a school administrator, or to a school staff member within thirty (30) days of an alleged occurrence. The initial complaint or grievance should be made using form JII-EA, however, a verbal complaint or grievance may be made. When a school staff member receives the information, the staff member will immediately inform a school administrator. If the complaint or grievance involves a school administrator the staff member shall forward the complaint or grievance to the next administrative level.

Complaints and grievances related to student violence, harassment, intimidation or bullying are to be filed in accordance with Governing Board Policy JICK.

At a minimum the complaint or grievance shall contain the identifying information on the complainant and such specificity of names, places and times as to permit an investigation to be carried out. The written complaint or grievance should contain a requested solution and the submission should be signed and attested to by the complainant. However, an unsigned form will be processed in the same manner as a signed form.

The complaint or grievance will be investigated by a school administrator, a supervising administrator, or another person approved by the Superintendent. The student shall be contacted not later than the school day following the date the school administrator or the administrator's immediate supervisor receives the information. The procedures to be followed are:

  • An investigation of the reported incident or activity shall be made within ten (10) school days when school is in session or within fifteen (15) days during which the school offices are open for business when school is not in session. Extension of the time line may only be by necessity as determined by the Superintendent.
  • The investigator shall meet with the student who submitted the complaint or grievance at or before the end of the time period and shall discuss the conclusions and actions to be taken as a result of the investigation. Confidentiality of records and student information shall be observed in the process of making such a report.
  • The investigator shall prepare a written report of the findings and a copy of the report shall be provided to the principal and/or the Superintendent as circumstances warrant.
  • A confidential record of each complaint and grievance made pursuant to Policy JII shall be maintained at the District office. The record shall include a copy of the complaint or grievance filed by a student, findings of the investigation, and the disposition of the matter.
  • Unless a determination has been made by the appropriate investigating official that the reported incident actually occurred, the record shall not be used for the imposition of discipline.

Where disciplinary action is necessary, District policies shall be followed.

When District officials have a reasonable belief or an investigation reveals that a reported incident may constitute an unlawful act, law enforcement authorities will be informed.

J-3631 © JII-EA

EXHIBIT EXHIBIT

STUDENT CONCERNS, COMPLAINTS,
AND GRIEVANCES

COMPLAINT FORM

(To be filed with a school administrator or the administrator's immediate
supervisor, or a school staff member who will forward this form to the
school administrator or the administrator's immediate supervisor)

Additional pages may be attached if more space is needed.

Please print:

Name ________________________________________ Date ___________________

Address ____________________________________________________________

Telephone __________ Another phone where you can be reached __________

During the hours of ________________________________________________

E-mail address ______________________________________________________

I wish to complain against:

Name of person, school (department), program, or activity ________________

________________________________________________________________________

________________________________________________________________________

Address ____________________________________________________________

Specify your complaint by stating the problem as you see it. Describe the incident, the participants, the background to the incident, and any attempts you have made to solve the problem. Be sure to note all relevant dates, times, and places.

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

If there is anyone who could provide more information regarding this, please list name(s), address(es), and telephone number(s).

Name Address Telephone Number

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

The projected solution

Indicate what you think can and should be done to solve the problem. Be as specific as possible.

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

I certify that this information is correct to the best of my knowledge.

____________________________________________ __ _____________________
Signature of Complainant Date Signed

____________________________________________ __ _____________________
Administrator or professional staff member Date initial complaint received
receiving initial complaint

The investigator shall give one (1) copy to the complainant and retain one (1) copy for the file.

J-3632 © JII-EB

EXHIBIT EXHIBIT

STUDENT CONCERNS, COMPLAINTS,
AND GRIEVANCES

(To be displayed in school buildings
and in student handbooks)

Students may present a complaint or grievance regarding one (1) or more of the following:

  • Violation of the student's constitutional rights.
  • Denial of an equal opportunity to participate in any program or activity for which the student qualifies not related to the student's individual capabilities.
  • Discriminatory treatment on the basis of race, color, religion, sex, age, national origin, or disability.
  • Concern for the student's personal safety.

Complaints and grievances related to allegations of student violence, harassment, intimidation or bullying are to be filed in accordance with Board Policy JICK.

Provided that:

  • The topic is not the subject of disciplinary or other proceedings under other policies and regulations of this District, and
  • The procedure shall not apply to any matter for which the method of review is prescribed by law, or the Governing Board is without authority to act.

The guidelines to be followed are:

  • The accusation must be made within thirty (30) calendar days of the time the student knew or should have known that there were grounds for the complaint/grievance.
  • The complaint/grievance shall be made only to a school administrator or a school staff member.
  • The person receiving the complaint will gather information for the complaint form.
  • All allegations shall be reported on forms with the necessary particulars as determined by the Superintendent. Forms are available in the school office.
  • The person receiving the complaint shall preserve the confidentiality of the subject, disclosing it only to the appropriate school administrator or next higher administrative supervisor or as otherwise required by law.

Any question concerning whether the complaint or grievance falls within this policy shall be determined by the Superintendent.

A student or student's parent or guardian may initiate the complaint process by completing Exhibit JII-EA.

A complaint or grievance may be withdrawn at any time. Once withdrawn, the process cannot be reopened if the resubmission is longer than thirty (30) calendar days from the date of the occurrence of the alleged incident. False or unproven complaint documentation shall not be maintained.

Retaliatory or intimidating acts against any student who has made a complaint under the District policy and its corresponding regulations, or against a student who has testified, assisted or participated in any manner in an investigation relating to a complaint or grievance, are specifically prohibited and constitute grounds for a separate complaint.

Knowingly submitting a false report under this policy shall subject the student to discipline up to and including suspension or expulsion. Where disciplinary action is necessary pursuant to any part of this policy, relevant District policies shall be followed.

When District officials have a reasonable belief or an investigation reveals that a reported incident may constitute an unlawful act, law enforcement authorities will be informed.

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