School Board of the City of Virginia Beach
Regulation 4-4.1

PERSONNEL

Grievance Procedure for Discrimination on the Basis of Race, Color, Sex or Pregnancy and Childbirth, Martial Status, Age, Disability , National Origin, Ethnicity or Religion

A. Application

School Board employees who are not subject to division regulation 4-3 Procedures for Adjusting Grievances may seek resolutions of grievances resulting from alleged discrimination on the basis of race, color, sex, pregnancy and childbirth, marital status, age, disability, national origin, ethnicity or religion within the school division in accordance with this regulation. Employees who are subject to division regulation 4-3 shall proceed with the grievance procedures outlined therein for Part II.

B. Procedures

1. The complainant shall file a written complaint with the Title IX/Section 504/ ADA Coordinator, as appropriate, not later than ten (10) calendar days from the date of the alleged discrimination. The coordinator or his/her representative, will attempt to adjust the grievance and will notify the complainant in writing of the action taken within ten (10) calendar days of the filing of the written complaint. The coordinator will meet with the complainant within the ten (10) calendar day period if the complainant requests such a meeting in his/her complaint.

2. If the Title IX/Section 504/ADA Coordinator does not resolve the grievance to the complainant's satisfaction within the specified time period, the complainant may file a written complaint with the Superintendent within five (5) calendar days of receipt of the coordinator's decision (or the due date thereof.) The Superintendent shall notify the complainant of his/her decision within ten (10) calendar days of the date the complainant filed the complaint with the superintendent. The Superintendent, or a designee, will meet with the complainant within the ten (10) calendar day period if the complainant requests such a meeting in his/her complaint filed with the Superintendent.

3. If the Superintendent does not resolve the grievance to the complainant's satisfaction within the specified time period, the complainant may file a written complaint with the School Board within five (5) calendar days of the Superintendent's decision (or the due date thereof). The complainant may request a hearing by the School Board which request must be filed with the complaint. A hearing will be conducted as described in paragraph 4 below. The School Board shall consider the grievance within thirty (30) calendar days of the date the complainant filed the complaint with the School Board. The School Board shall give the complainant at least fifteen (15) calendar days written notice of the date, place and time of its consideration of the grievance. The School Board shall notify the complainant in writing of its decision within thirty (30) calendar days of its consideration of the complaint.

4. If the complainant requests a hearing before the School Board, the following procedure shall be followed:

a. the complainant, and the Superintendent acting in the capacity of respondent, may be represented by legal counsel or other representatives;

b. all parties must, before the hearing date, exchange any written materials to be used during the hearing with each other and provide copies to the board. Such materials must be distributed within three (3) business days before the hearing, or at such later time as the materials first become available to the party using them;

c. each party may make an opening statement and present all material and relevant evidence, including the testimony of witnesses;

d. the School Board may question witnesses;

e. a stenographic or tape recording of the hearing shall be taken unless dispensed with by agreement of all parties. All parties shall share the cost of the recording equally; a party who requests a transcript shall bear the cost of its preparation.

C. Miscellaneous

1. A document required to be filed under this regulation shall be deemed filed, and any notice required to be given under this regulation shall be deemed given, when personally delivered to the appropriate person or entity, or when sent by certified mail, return receipt requested.

2. The complaint and all actions taken thereunder shall be kept confidential by those acting on behalf of the School Board.

3. If any person with whom the complainant is required to file a complaint is the complainant or the source of the complaint, or if there is a conflict of interest, the complainant is not required to file the complaint with the person but may proceed to the next step in the procedure.

4. All complaints filed in accordance with this regulation shall be prepared on a standard form supplied by the Title IX/Section 504/ADA Coordinator as appropriate.

5. Any action permitted to be taken by the complainant may be taken by the complainant's representative.

Editor's Notes

See also school board policy 4-4.

For Title IX/Section 504/ADA Coordinator see the division’s job descriptions.

Legal Reference:

Americans with Disabilities Act 1990 (42 USC §§ 12165 et seq.)

Section 504 of the Rehabilitation Act of 1973 as amended (29 USC § 794.)

Title IX of the Education Amendments of 1972 as amended (20 USC §§ 1681 et. seq.)

Pregnancy Discrimination Act of 1978

Virginia Human Rights Act, Va. Code § 2.2-3900 et seq.

Civil Rights Act of 1964 (Title vii).

Approved by Superintendent: January 18, 1994
Revised by Superintendent: August 30, 2005