Grievance Policy and Procedure

SECTION I

Definitions

1.  A “grievance” is an alleged violation of any policy, procedure, or practice which would be prohibited by Title VI, Title IX, or       Section 504. 

2.  The term “grievant” includes any student or group of students of the Perry County School System who submit a grievance relevant to Title VI, Title IX, or Section 504.

3. The term “days” shall mean any school attendance day and shall exclude Saturday, Sunday, or any holiday.

 SECTION II

1.  Step One

Efforts must first be made by the grievant to resolve the difference with the person or persons responsible for such alleged  discrimination or mistreatment.

2.  Step Two – Principal

In the event a complain cannot be resolve as provided in (1) above, the grievant must contact the Title VI, Title IX, or Section 504 Coordinator who will make arrangements for the grievant to present the grievance orally to the principal of the school.  The Coordinator must be contacted within three (3) school days after a solution has been attempted and failed or seven (7) school days after the alleged discrimination or mistreat.  Within five (5) school days after presentation of the grievance, the principal or immediate supervisor shall orally answer the grievance to the grievant and the Coordinator.

3.  Step Three – Director

 a.  Within five (5) days of the oral answer, if the grievance is not resolved it must be submitted in writing to the Coordinator and signed by the grievant.  A copy will be submitted to the Office of the Director. 

 b.  The grievance shall (1) name the employee or student involved, (2) state the specific nature of the grievance and (3) indicate the specific relief.

 c.  The Director, with the Coordinator present, shall hear the grievance within ten (10) school days after receipt of any written grievance properly filed with the Directors office and shall render the decision in writing ten (10) days after such hearing.

 d.  The grievant and/or person accused of discrimination or mistreatment may bring legal counsel or an advisor to the hearing.  Legal counsel will not be permitted to speak for their client and may act only in an advisory capacity.

 e.  The grievant, the respondent and the Coordinator shall be furnished a copy of the decision of the Director.

 4.  Step Four – Board of Education

a.  If the grievance is not resolved in step two, the grievant my notify the Coordinator of his/her intent to appeal to the Perry County Board of Education.  This must be done within ten (10) school days of receipt of the Director’s answer.  The Coordinator shall arrange a date for the hearing before the Board of Education and notify the grievant, the respondent, and the members of the Board.  This shall be done no later than the ten (10) days after the notification of appeal.

      b.  The board shall render its decision in writing within ten (10) school days after such hearing.

c.  The grievant, the respondent, the Director and the Coordinator shall be furnished a copy of the Board’s decision.

d.  The decision of the Perry County Board of Education shall be final.  The grievant seeking further relief must resort to the Courts.

SECTION III

Failure to Observe Time Limits:

In the event the grievant fails to exhaust the remedies under the grievance procedure provided above, or to abide by the time limits with respect to each step, the grievance shall be presumed to be abandoned.  In the event that the respondent, or any party obligated to answer the grievant, fails to give its answer to 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 the Coordinator.

SECTION IV

Effect of Settlement

Any settlement of the grievance shall be applicable to that grievance only and shall not be binding authority for the disposition of any other grievance.  The above grievance procedure shall be available to any student or teacher of the Perry County School System.

SECTION V

Miscellaneous

a.  No record of the grievance shall be entered in the permanent files of the student of employee.

b.  Records shall be kept of each grievance and will be confidential.

c.  No Person shall be subject to discharge, suspension, discipline, harassment, or any form of discrimination for having used or assisted others in using the grievance process.