Title IX Form Bank

Title IX Procedures Manual

504

Code No. 102.E3

NOTICE OF SECTION 504 STUDENT AND PARENTAL RIGHTS

The Tri-Center Community School District does not discriminate in its educational programs and activities on the basis of a student's disability. It has been determined that your child has a qualifying disability for which accommodations may need to be made to meet his or her individual needs as adequately as the needs of other students. As a parent, you have the right to the following:

• Participation of your child in school district programs and activities, including extracurricular programs and activities, to the maximum extent appropriate, free of discrimination based upon the student's disability and at the same level as students without disabilities;

• Receipt of free educational services to the extent they are provided students without disabilities:

• Receipt of information about your child and your child's educational programs and activities in your native language;

• Notice of identification of your child as having a qualifying disability for which accommodations may need to be made and notice prior to evaluation and placement of your child and right to periodically request a re-evaluation of your child;

• Inspect and review your child's educational records including a right to copy those records for a reasonable fee; you also have a right to ask the school district to amend your child's educational records if you feel the information in the records is misleading or inaccurate; should the school district refuse to amend the records, you have a right to a hearing and to place an explanatory letter in your child's file explaining why you feel the records are misleading or inaccurate; and

• Hearing before an impartial hearing officer if you disagree with your child's evaluation or placement; you have a right to counsel at the hearing and have the decision of the impartial hearing officer reviewed.

It is the policy of the Tri-Center Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Chad Harder, Secondary Principal, 33980 310th St., Neola, IA 51559. 712-485-2257 or charder@tctrojans.org.

Harassment Policy

Code No. 104.1

ANTI-BULLYING/ANTI-HARASSMENT POLICY

The Tri-Center is committed to providing all students with a safe and civil school environment in which all members of the school community are treated with dignity and respect. Bullying and/or harassment of or by students, staff, and volunteers is against federal, state, and local policy and is not tolerated by the board. Bullying and/or harassing behavior can seriously disrupt the ability of school employees to maintain a safe and civil environment, and the ability of students to learn and succeed. Therefore, it is the policy of the state and the school district that school employees, volunteers, and students shall not engage in bullying or harassing behavior in school, on school property, or at any school function or school-sponsored activity.

Definitions

For the purposes of this policy, the defined words shall have the following meaning:

• “Electronic” means any communication involving the transmission of information by wire, radio, optic cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, and electronic text messaging.

• “Harassment” and “bullying” shall mean any electronic, written, verbal, or physical act or conduct toward a student based on the individual’s actual or perceived age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status, and which creates an objectively hostile school environment that meets one or more of the following conditions:

1. Places the student in reasonable fear of harm to the student’s person or property.

2. Has a substantial detrimental effect on the student’s physical or mental health.

3. Has the effect of substantially interfering with a student’s academic performance.

4. Has the effect of substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school.

• “Trait or characteristic of the student” includes but is not limited to age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status.

• “Volunteer” means an individual who has regular, significant contact with students.

Filing a Complaint

A Complainant who wishes to avail himself/herself of this procedure may do so by filing a complaint with the superintendent or superintendent’s designee. An alternate will be designated in the event it is claimed that the superintendent or superintendent’s designee committed the alleged discrimination or some other conflict of interest exists. Complaints shall be filed within 180 days of the event giving rise to the complaint or from the date the Complainant could reasonably become aware of such occurrence. The Complainant will state the nature of the complaint and the remedy requested. The Complainant shall receive assistance as needed.

School employees, volunteers, and students shall not engage in reprisal, retaliation, or false accusation against a victim, witness, or an individual who has reliable information about an act of bullying or harassment.

Investigation

The school district will promptly and reasonably investigate allegations of bullying or harassment. The superintendent, building administrator or guidance counselor (hereinafter “Investigator”) will be responsible for handling all complaints alleging bullying or harassment. The Investigator shall consider the totality of circumstances presented in determining whether conduct objectively constitutes bullying or harassment. The superintendent or the superintendent’s designee shall also be responsible for developing procedures regarding this policy.

Suggestions for administrative procedures regarding this policy include:

• Developing procedures for reporting acts of bullying and harassing behavior (see IASB sample regulation 104.R1);

• Organizing training programs for students, school employees, and volunteers regarding how to recognize bullying and harassing behavior and what to do if this behavior is witnessed; and

• Developing a process for evaluating the effectiveness of this policy in reducing bullying and harassing behavior.

Decision

If, after an investigation, a student is found to be in violation of this policy, the student shall be disciplined by appropriate measures, which may include suspension and expulsion. If after an investigation a school employee is found to be in violation of this policy, the employee shall be disciplined by appropriate measures, which may include termination. If after an investigation a school volunteer is found to be in violation of this policy, the volunteer shall be subject to appropriate measures, which may include exclusion from school grounds.

A school employee, volunteer, or student, or a student’s parent or guardian who promptly, reasonably, and in good faith reports an incident of bullying or harassment, in compliance with the procedures in the policy adopted pursuant to this section, to the appropriate school official designated by the school district, shall be immune from civil or criminal liability relating to such report and to participation in any administrative or judicial proceeding resulting from or relating to the report.

Individuals who knowingly file false bullying or harassment complaints and any person who gives false statements in an investigation may be subject to discipline by appropriate measures, as shall any person who is found to have retaliated against another in violation of this policy. Any student found to have retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion. Any school employee found to have retaliated in violation of this policy shall be subject to measures up to, and including, termination of employment. Any school volunteer found to have retaliated in violation of this policy shall be subject to measures up to, and including, exclusion from school grounds.

Publication of Policy

The board will annually publish this policy. The policy may be publicized by the following means:

• Inclusion in the student handbook,

• Inclusion in the employee handbook

• Inclusion in the registration materials

• Inclusion on the school or school district’s web site,

• (other) _______________________________________________________

Legal References: 20 U.S.C. §§ 1221-1234i.

29 U.S.C. § 794.

42 U.S.C. §§ 2000d-2000d-7.

42 U.S.C. §§ 12101 2et. seq.

Iowa Code §§ 216.9; 280.28; 280.3.

281 I.A.C. 12.3(6).

Morse v. Frederick, 551 U.S. 393 (2007)

Cross References: 102 Equal Educational Opportunity

502 Student Rights and Responsibilities

503 Student Discipline

506 Student Record

Resources for Parents - Bullying

Reporting Bullying to Schools- Assistance for Parents/Families

When bullying occurs, parents should contact the school immediately and join with the district in gathering information and conducting an inquiry and/or investigation to assure any bullying is stopped. Here are some resources that parents may find helpful in this effort.

1. Guidelines for Parents in Reporting Bullying

2. Worksheet for Parents in Reporting Bullying

3. Parent Checklist in Reporting Bullying

4. Types of Bullying

5. Support for Bullying Issues: Websites for Parents

6. Safety Plan When Bullying is Reported

7. Safety Plan When Bullying is Confirmed

Much more can be found at this link on DE website.

https://www.educateiowa.gov/pk-12/learner-supports/anti-bullyinganti-harassment

and

https://www.educateiowa.gov/pk-12/learner-supports/anti-bullyinganti-harassment/bullyingharassment-video-and-resources

Non-Discrimination Grievance Procedure

Code No. 102.E4

COMPLAINT FORM

(Discrimination, Anti-Bullying, and Anti-Harassment)

Date of complaint:

_____________________________________________________

Name of Complainant:

_____________________________________________________

Are you filling out this form for yourself or someone else (please identify the individual if you are submitting on behalf of someone else):

_____________________________________________________

_____________________________________________________

Who or what entity do you believe discriminated against, harassed, or bullied you (or someone else)?

_____________________________________________________

Date and place of alleged incident(s):

_____________________________________________________

_____________________________________________________

_____________________________________________________

Names of any witnesses (if any):

_____________________________________________________

Nature of discrimination, harassment, or bullying alleged (check all that apply):

Age

Physical Attribute

Sex

Disability

Physical/Mental Ability

Sexual Orientation

Familial Status

Political Belief

Socio-economic Background

Gender Identity

Political Party Preference

Other – Please Specify:

Marital Status

Race/Color

National Origin/Ethnic Background/Ancestry

Religion/Creed

In the space below, please describe what happened and why you believe that you or someone else has been discriminated against, harassed, or bullied. Please be as specific as possible and attach additional pages if necessary.

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

I agree that all of the information on this form is accurate and true to the best of my knowledge.

Signature: _____________________________________ Date: ______________________

Code No. 102.E5

WITNESS DISCLOSURE FORM

Name of Witness:

_____________________________________________________

Date of interview:

_____________________________________________________

Date of initial complaint:

_____________________________________________________

Name of Complainant (include whether the Complainant is a student or employee):

_____________________________________________________

_____________________________________________________

Date and place of alleged incident(s):

_____________________________________________________

_____________________________________________________

_____________________________________________________

Nature of discrimination, harassment, or bullying alleged (check all that apply):

Age

Physical Attribute

Sex

Disability

Physical/Mental Ability

Sexual Orientation

Familial Status

Political Belief

Socio-economic Background

Gender Identity

Political Party Preference

Other – Please Specify:

Marital Status

Race/Color

National Origin/Ethnic Background/Ancestry

Religion/Creed

Description of incident witnessed: _________________________________________________________

_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

_____________________________________________________________________________________

Additional information: _________________________________________________________________

__________________________________________________________________________________________________________________________________________________________________________

I agree that all of the information on this form is accurate and true to the best of my knowledge

Signature: _____________________________________ Date: __________________________

.

Code No. 102.E6

DISPOSITION OF COMPLAINT FORM

Date:

_____________________________________________________

Date of initial complaint:

_____________________________________________________

Name of Complainant (include whether the Complainant is a student or employee):

_____________________________________________________

_____________________________________________________

Date and place of alleged incident(s):

_____________________________________________________

_____________________________________________________

_____________________________________________________

Name of Respondent (include whether the Respondent is a student or employee):

_____________________________________________________

_____________________________________________________

Nature of discrimination, harassment, or bullying alleged (check all that apply):

Age

Physical Attribute

Sex

Disability

Physical/Mental Ability

Sexual Orientation

Familial Status

Political Belief

Socio-economic Background

Gender Identity

Political Party Preference

Other – Please Specify:

Marital Status

Race/Color

National Origin/Ethnic Background/Ancestry

Religion/Creed

Summary of Investigation: _______________________________________________________________

_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

_____________________________________________________________________________

I agree that all of the information on this form is accurate and true to the best of my knowledge.

Signature: _____________________________________ Date: _______________.

Code No. 102.R1

GRIEVANCE PROCEDURE

It is the policy of the Tri-Center Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Chad Harder, Secondary Principal, 33980 310th St., Neola, IA 51559, 712-485-2257 or charder@tctrojans.org.

Students, parents of students, employees, and applicants for employment in the school district have the right to file a formal complaint alleging discrimination. The district has policies and procedures in place to identify and investigate complaints alleging discrimination. If appropriate, the district will take steps to prevent the recurrence of discrimination and to correct its discriminatory effects on the Complainant and others.

A Complainant may attempt to resolve the problem informally by discussing the matter with a building principal or a direct supervisor. However, the Complainant has the right to end the informal process at any time and pursue the formal grievance procedures outlined below. Use of the informal or formal grievance procedure is not a prerequisite to the pursuit of other remedies. Please note that informal processes and procedures are not to be used in certain circumstances (e.g., sexual harassment and sexual assault).

Filing a Complaint

A Complainant who wishes to avail himself/herself of this grievance procedure may do so by filing a complaint with the equity coordinator(s). An alternate will be designated in the event it is claimed that the equity coordinator or superintendent committed the alleged discrimination or some other conflict of interest exists. Complaints shall be filed within 180 days of the event giving rise to the complaint or from the date the Complainant could reasonably become aware of such occurrence. The Complainant will state the nature of the complaint and the remedy requested. The equity coordinator(s) shall assist the Complainant as needed.

Investigation

Within 15 working days, the equity coordinator will begin the investigation of the complaint or appoint a qualified person to undertake the investigation (hereinafter “equity coordinator”). If the Complainant is under 18 years of age, the equity coordinator shall notify his or her parent(s)/guardian(s) that they may attend investigatory meetings in which the Complainant is involved. The complaint and identity of the Complainant, Respondent, or witnesses will only be disclosed as reasonably necessary in connection with the investigation or as required by law or policy. The investigation may include, but is not limited to the following:

• A request for the Complainant to provide a written statement regarding the nature of the complaint;

• A request for the individual named in the complaint to provide a written statement;

• A request for witnesses identified during the course of the investigation to provide a written statement;

• Interviews of the Complainant, Respondent, or witnesses;

• An opportunity to present witnesses or other relevant information; and

• Review and collection of documentation or information deemed relevant to the investigation.

Code No. 102.R1

Within 60 working days, the equity coordinator shall complete the investigation and issue a report with respect to the findings.

The equity coordinator shall notify the Complainant and Respondent of the decision within 5 working days of completing the written report. Notification shall be by U.S. mail, first class.

Decision and Appeal

The complaint is closed after the equity coordinator has issued the report, unless within 10 working days after receiving the decision, either party appeals the decision to the superintendent by making a written request detailing why he/she believes the decision should be reconsidered. The equity coordinator shall promptly forward all materials relative to the complaint and appeal to the superintendent. Within 30 working days, the superintendent shall affirm, reverse, amend the decision, or direct the equity coordinator to gather additional information. The superintendent shall notify the Complainant, Respondent, and the equity coordinator of the decision within 5 working days of the decision. Notification shall be by U.S. mail, first class.

The decision of the superintendent shall be final.

The decision of the superintendent in no way prejudices a party from seeking redress through state or federal agencies as provided by in law.

This policy and procedures are to be used for complaints of discrimination, in lieu of any other general complaint policies or procedures that may be available.

If any of the stated timeframes cannot be met by the district, the district will notify the parties and pursue completion as promptly as possible.

Retaliation against any person, because the person has filed a complaint or assisted or participated in an investigation, is prohibited. Persons found to have engaged in retaliation shall be subject to discipline by appropriate measures.

.

Code No. 103.E1

GRIEVANCE FORM FOR COMPLAINTS OF DISCRIMINATION

OR NON-COMPLIANCE WITH FEDERAL OR STATE REGULATIONS

REQUIRING NON-DISCRIMINATION

I, , am filing this grievance because

(Attach additional sheets if necessary)

Describe incident or occurrence as accurately as possible:

(Attach additional sheets if necessary)

Signature

Address

Phone Number

If student, name

Grade Level

Attendance center

.

Code No. 103.E2

GRIEVANCE DOCUMENTATION

Name of Individual Alleging Discrimination or Non-Compliance

Name

Grievance Date

State the nature of the complaint and the remedy requested.

Indicate Principal's or Supervisor's response or action to above complaint.

Signature of Principal or Supervisor