The LEA is required to adopt and disseminated grievance policies and procedures for employed personnel and students that meet the requirements of Title IX, Section 504, and the ADA.  An LEA is allowed to use multiple grievance procedures, one must be designated that is robust enough to handle discrimination complaints.  

 

Essential Components

What are some of required the elements of a grievance procedure?

  • Ready availability to students and employees
  • Provision for equitable accessibility and action to complaint
  • Incorporation of due process
  • Name, address, and telephone number of the Title IX/Section 504 Coordinator(s)

This list is not exhaustive.  OCR has issued guidance on the required elements of grievance procedures and the corresponding elements of investigations into alleged discrimination or sexual assault.  It is highly recommended that colleges review this guidance.  A link to the dear colleague letter issued by OCR can be found here: OCR Dear Colleague Letter on Title IX Grievance Procedures

 

Documentation

In the event an LEA is selected for an on-site review a copy of the student grievance procedure which meets sex equity (Title IX) and persons with disabilities (Section 504) Section 504 requirements and the publication(s) in which grievance procedures can be found (include the dissemination method of these publication) must be provided. Additional documentation may also include:

  • A copy of the employee grievance procedure, which meets Civil Rights requirements, and method of dissemination. This must be more than just the negotiated contract for teachers, and must cover Title IX and Section 504
  • Names of the coordinators for sec equity (Title IX) and persons with disabilities (Section 504)
  • Student handbook
  • Employee handbook
  • Other documents utilized for the public dissemination of the grievance policy
  • Board policies and/or meeting minutes

 

Resources

Checklist for a Comprehensive Approach to Addressing Harassment
http://www.ed.gov/policy/rights/guid/ocr/checklist.html

Resources for prohibiting harassment and violence, including hate crimes
http://www.ed.gov/offices/OCR/archives/Harassment/index.html

Revised Sexual Harassment Guidance (September, 2017)
https://www2.ed.gov/about/offices/list/ocr/letters/colleague-title-ix-201709.pdf

Top 10 Tips for Grievance Procedures
https://icsps.illinoisstate.edu/wp-content/uploads/2019/03/Grievance-Secondary.pdf

Sexual Harassment Guidance Q&A (September, 2017)
https://www2.ed.gov/about/offices/list/ocr/docs/qa-title-ix-201709.pdf