JCE: Complaints

Complaints of Discrimination

The district is committed to maintaining a working and learning environment free from discrimination, insult, intimidation, and harassment due to race, color, religion, sex, age, national origin, or disability.

Discrimination against any student on the basis of race, color, national origin, sex, disability, or religion in the admission or access to, or treatment in the district's programs and activities is prohibited. The Superintendent or the Superintendent's designee, c/o Clerk of the Board, 5928 SW 53^rd Street, Topeka, KS, (785) 339-4000, has been designated to coordinate compliance with nondiscrimination requirements contained in Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and The Americans with Disabilities Act of 1990.

Any incident of discrimination, including acts of harassment, shall promptly be reported for investigation and corrective action by the building principal or district compliance coordinator. Any student or employee who engages in discriminatory conduct shall be subject to disciplinary action, up to and including termination from employment or expulsion from school.

Any perceived incident of discrimination in any form shall be promptly reported to the building principal, another administrator, the guidance counselor, or another certified staff member, or the district compliance coordinator for investigation and corrective action by the building or district compliance officer. Any school employee who receives a complaint of discrimination or harassment from a student shall inform the student of the employee's obligation to report the complaint and any proposed resolution of the complaint to the building principal. If the building principal is the alleged harasser, the report shall be made to the district compliance coordinator. Complaints alleging discriminatory and/or harassing conduct on the part of the superintendent shall be addressed to the board of education. Any general student complaint of discrimination shall be resolved under the district's discrimination complaint procedures in Policy KN.

Except as otherwise provided in this policy or board policies GAAC, JGEC, or KNA regarding complaints of discrimination on the basis of sex or regarding child nutrition programs, complaints about discrimination, including complaints of harassment, will be resolved through the following complaint procedures.

Informal Procedures

The building principal shall attempt to resolve complaints of discrimination or harassment in an informal manner at the building level. Any school employee who receives a complaint of such discrimination or harassment from a student, another employee, or any other individual shall inform the individual of the employee's obligation to report the complaint and any proposed resolution of the complaint to the building principal. The building principal shall discuss the complaint with the individual to determine if it can be resolved. If the matter is resolved to the satisfaction of the individual, the building principal shall document the nature of the complaint and the proposed resolution of the complaint and forward this record to the district compliance coordinator. Within 20 days after the complaint is resolved in this manner, the principal shall contact the complainant to determine if the resolution of the matter remains acceptable.

If the matter is not resolved to the satisfaction of the individual in the meeting with the principal, or if the individual does not believe the resolution remains acceptable, the individual may initiate a formal complaint.

Formal Complaint Procedures

• A formal complaint shall be filed in writing and contain the name and address of the person filing the complaint. The complaint shall briefly describe the alleged violation. If an individual does not wish to file a written complaint, and the matter has not been adequately resolved through the informal procedures described herein, the building principal may initiate the complaint. Forms for filing written complaints are available in each school building office and the central office.
• A complaint should be filed as soon as possible after the conduct occurs but not later than 180 days after the complainant becomes aware of the alleged violation, unless the conduct forming the basis for the complaint is ongoing.
• If appropriate, an investigation shall follow the filing of the complaint. If the complaint is against the superintendent, the board may appoint an investigating officer. In other instances, the investigation shall be conducted by the building principal, the compliance coordinator, or another individual appointed by the board or the superintendent. The investigation shall be informal but thorough. The complainant and the respondent will be afforded an opportunity to submit written or oral evidence relevant to the complaint and to provide names of potential witnesses who may have useful information.
• A written determination of the complaint's validity and a description of the resolution shall be issued by the investigator, and a copy forwarded to the complainant and the respondent within 30 days after the filing of the complaint. If the investigator anticipates a determination will not be issued within 30 days after the filing of the complaint, the investigator shall provide written notification to the parties including an anticipated deadline for completion. In no event, shall the issuance of the written determination be delayed longer than 10 days from the conclusion of the investigation.
• If the investigation results in a recommendation that a student be suspended or expelled, procedures outlined in board policy and state law governing student suspension and expulsion will be followed.
  • If the investigation results in a recommendation that an employee be suspended without pay or terminated, procedures outlined in board policy, the negotiated agreement (as applicable), and state law will be followed.
• Records relating to complaints filed and their resolution shall be forwarded to and maintained in a confidential manner by the district compliance coordinator.

Formal Complaint Appeal

The complainant or respondent may appeal the determination of the complaint.

Appeals shall be heard by the district compliance coordinator, a hearing officer appointed by the board or the superintendent, or by the board itself.

The request to appeal the resolution shall be made within 20 days after the date of the written determination of the complaint at the lower level.

The appeal officer shall review the evidence gathered by the investigator at the lower level and the investigator's report and shall afford the complainant and the respondent an opportunity to submit further evidence, orally or in writing, within 10 days after the appeal is filed.

The appeal officer will issue a written determination of the complaint's validity on appeal and a description of its resolution within 30 days after the appeal is filed.

The district prohibits retaliation or discrimination against any person for opposing discrimination, including harassment; for participating in the complaint process; or making a complaint, testifying, assisting, or participating in any investigation, proceeding or hearing.

Use of this complaint procedure is not a prerequisite to the pursuit of any other remedies including the right to file a complaint with the Office for Civil Rights of the U.S. Department of Education or the Kansas Human Rights Commission.