SERIES 3000: OPERATIONS, FINANCE, AND PROPERTY
3100 General Operations
3115E Grievance Procedure and Remedies
A. Grievance Procedure
1. Generally
The District has adopted the following Grievance Procedure that provides for the prompt and equitable resolution of Unlawful Discrimination, including harassment and retaliation, Complaints, excluding Title IX Sexual Harassment complaints. This Grievance Procedure will be used to investigate and resolve Complaints of Unlawful Discrimination, including harassment and retaliation, between and among students, employees, volunteers, contractors, and Board members.
The District will treat Complainants and Respondents equitably.
The District requires that any individual serving in a Key Role not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. The District presumes that the Respondent is not responsible for the alleged Unlawful Discrimination until a determination is made at the conclusion of the Grievance Procedure.
2. Grievance Procedure Timeframes
The District anticipates that most investigations will be concluded within 60 days. Investigations that involve several parties or witnesses, or investigations that are more complex, may exceed 60 days.
3. Confidentiality
The District will take reasonable steps to protect the privacy of the Parties and witnesses during its Grievance Procedure. These steps will not restrict the ability of the Parties to obtain and present evidence, including consulting with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the Grievance Procedure.
4. Evidence Considerations
The Decisionmaker will objectively evaluate all relevant evidence. Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness.
5. Complaint Consolidation
The District may consolidate Complaints when the allegations arise out of the same facts or circumstances.
6. Notice of Allegations
Upon receiving a Complaint, the applicable Coordinator will notify the Parties of the following:
a. The Grievance Procedure and any informal resolution process;
b. Sufficient information available at the time to allow the Parties to respond to the allegations, including the identities of the Parties involved in the incident(s), the conduct alleged to constitute Unlawful Discrimination, and the date(s) and location(s) of the alleged incident(s); and
c. Retaliation is prohibited.
If, during an investigation, the District decides to investigate additional allegations of Unlawful Discrimination by the Respondent toward the Complainant that are not included in the notice provided or that are included in a Complaint that is consolidated, the District will notify the Parties of the additional allegations.
7. Investigation
The District will ensure an adequate, reliable, and impartial Complaint investigation. The burden is on the District - not on the Parties - to conduct an investigation that gathers sufficient evidence to determine whether Unlawful Discrimination occurred.
The Parties will be provided an equal opportunity to present fact witnesses and other inculpatory and exculpatory relevant evidence.
Throughout the investigation, the Investigator must determine what, if any, facts remain in dispute. If dispositive facts are not reasonably in dispute (e.g., based on Party admissions, irrefutable evidence), further investigation is not required.
8. Determination
Following the investigation and evaluation of the evidence, the Decisionmaker will:
a. Use the preponderance of the evidence standard to determine whether Unlawful Discrimination occurred.
b. Notify the Parties in writing of the determination whether Unlawful Discrimination occurred, including the rationale for such determination and the procedures and permissible bases for the Complainant and Respondent to appeal, if applicable.
c. Comply with this Grievance Procedure before imposing any disciplinary sanctions against a Respondent.
9. Remedies
If there is a determination that Unlawful Discrimination occurred, the applicable Coordinator will, as appropriate:
a. Coordinate the provision and implementation of remedies to a Complainant and other people the District identifies as having had equal access to the District’s education program or activity limited or denied by Unlawful Discrimination;
b. Coordinate the imposition of any Disciplinary Sanctions against a Respondent; and
c. Take other appropriate prompt and effective steps to ensure that Unlawful Discrimination does not continue or recur within the District’s education program or activity.
10. False Statements
A person who knowingly files a false Complaint or makes a materially false statement is subject to discipline, including discharge from employment or expulsion.
Legal authority: 20 USC 1400 et seq., 1681 et seq.; 29 USC 206 et seq., 621 et seq., 701 et seq., 794, 2601 et seq., 6101 et seq.; 38 USC 4301 et seq.; 42 USC 1983, 2000d et seq., 2000e et seq., 2000ff et seq., 6101 et seq., 12101 et seq.; 29 CFR 1604.1 et seq., 1635; 34 CFR 106.1, et seq.; MCL 37.1101 et seq., 37.2101 et seq.
Date adopted: 7/16/2024
Date revised: 3/10/2025
