1710 Non-discrimination

Anti/Discrimination & Civil Rights Grievance Procedure for Washington County School District - Adopted 9-77; Revised 10-11-94; Revised 8-14-01; Revised 11-9-04


1. Purpose:

To ensure equal opportunity the Washington County School District.

2. Policy:

2.1. It is the policy of the Washington County School District Board of Education to not discriminate on the basis of race, color, national origin, religion, age, sex, disability, or any other non-merit factor in its educational programs, activities, or employment practices as required by Section 504 of the Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Age Discrimination in Employment Act of 1974, and the Americans with Disabilities Act of 1990. Equal opportunity is a priority of the Washington County Board of Education. The Washington County School District is also committed to provide co-educational course programs including physical education and other athletic opportunities for both sexes as required by Title IX of the Educational Amendment of 1972.

2.2. Persons alleging educational program discrimination or other related violation of civil rights may file a complaint with the District Civil Rights Coordinator for Educational Programs at the following address:

District Civil Rights Coordinator for Educational Programs
Assistant Superintendent of Secondary Education
121 West Tabernacle Street
St. George, UT 84770
Phone: (435) 673-3553 Ext 507

2.3. Persons alleging employment practices discrimination or other related violation of civil rights may file a complaint with the District Civil Rights Coordinator for Employment at the following address:

District Civil Rights Coordinator for Employment
Human Resource Director
121 West Tabernacle Street
St. George, UT 84770
Phone: (435) 673-3553 Ext 502

2.4. Washington County School District is committed to provide prompt and equitable resolution of student and employee complaints alleging any action which would be prohibited by the above-referenced federal and State laws.

3. Procedure:

3.1. Informal Procedure:
3.1.1. Any person who alleging a civil rights shall discuss the grievance informally and on a verbal basis with the District Civil Rights Coordinator.

3.1.2. The District Civil Rights Coordinator and the complainant shall together document the following: (Form 555 may be used for this purpose.)

3.1.3. The District Civil Rights Coordinator shall investigate the complaint and reply verbally with the findings and, if necessary, a proposed resolution to the complainant within ten (10) business days.

3.2. Formal Procedure (if necessary): After the informal procedure has been followed, the below-listed formal procedure steps shall be followed in sequence as needed.

3.2.1. Step 1. If the complainant is not satisfied with the outcome of the informal procedure, a written statement of the grievance signed by the complainant shall be submitted to the District Civil Rights Coordinator within five (5) business days of receipt of the Coordinator's answer to the informal complaint. The Coordinator shall further investigate the grievance and put a decision in writing within ten (10) business days.

3.2.2. Step 2. A complainant wishing to appeal the formal decision of the District Civil Rights Coordinator shall submit a signed statement of appeal to the Washington County School District Superintendent within five (5) business days after receipt of the Coordinator's response. The Superintendent shall meet with all parties involved, formulate a conclusion, and respond in writing with findings, conclusions, and any proposed resolutions within ten (10) business days.

3.2.3. Step 3. If unsatisfied, the complainant may appeal by submitting a signed written statement to the Board of Education within five (5) business days of receiving the Superintendent's written response in Step 2. At least three members of the Board of Education shall meet with the concerned parties and their representatives within thirty (30) days of the receipt of such an appeal. A copy of the Board's disposition and findings shall be sent to each concerned party within ten (10) business days of the meeting.

3.3. State and Federal Review: If after following the formal procedure, the grievance has not been settled to the satisfaction of the complainant, further appeal may be made through the OCR for education related violations or UALD or EEOC for employment related violations at the following addresses:

3.3.1. Persons alleging educational program discrimination or other related violation of civil rights may file a complaint with the Office for Civil Rights (OCR) at the following address:
Office for Civil Rights
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, D.C. 20202-1100
1-800-421-3481
FAX: (202) 245-6840; TDD: (877) 521-2172
E-mail: OCR@ed.gov
Web: http://www.ed.gov/ocr/

3.3.2. Persons alleging employment practices discrimination or other related violation of civil rights may file a complaint with the Utah Anti discrimination & Labor Division (UALD). Individuals must file their charge of employment discrimination with UALD within 180 days of the alleged discriminatory act. If more than 180 days have passed since the last date of harm, but less then 300 days, the charge must be sent to the Equal Employment Opportunity Commission (EEOC) for its consideration.

 
Utah Anti discrimination & Labor Division
Office hours are 8 a.m. to 5 p.m., Monday through Friday
Call 530-6801, toll-free in state at 1-800-222-1238,
or TDD 801-530-7685.
 
Equal Employment Opportunity Commission Denver Office
303 E. 17th Avenue, Suite 510
Denver, Colorado 80203
The Denver District Office is open Monday - Friday
from 8:00 a.m. - 5:00 p.m.
Phone: 303-866-1300/1301 or 1-800-669-4000
FAX: 303-866-1085
TTY: 303-866-1950 or 1-800-669-6820

3.3.3. A complaint must be filed within 180 calendar days of the date of the alleged discrimination. The deadline for employment-related violations is extended to 300 days when filing with EEOC because the charge may also be covered by State Anti-Discrimination Law.

3.4. Miscellaneous Provisions:

3.4.1. No person shall suffer recrimination or discrimination because of participation in this grievance procedure.

3.4.2. Whenever possible, hearings should be scheduled during a mutually convenient time that does not conflict with the regularly scheduled school programs.

3.4.3. Employees shall be free to testify regarding any grievance filed hereunder, and the expenses of necessary and approved release time shall be borne by the District when hearings must be scheduled during the school day.

3.4.4. Nothing contained herein shall be construed to limit in any way the ability of the District, the aggrieved employee, students, patrons, and others to resolve any grievance, mutually and informally.

3.4.5. Written findings and conclusions shall be entered in connection with all Board-level decisions made under this policy.

3.4.6. Minutes of all Board proceedings under this policy shall be taken and will be made available in accordance with the guidelines set forth in the Utah Government Records Management Act.


 
555-Anti-Discrimination & Civil Rights Investigation Form