The following is a sample of a combined Title IX and Section 504 grievance procedure, including a grievance form. It can be used by a local education agency for the processing of both student and employee complaints of discrimination on the basis of sex or handicap. This procedure provides for the processing of a grievance at three levels of progressive decision making. At Level I, a grievance is heard by an authority at the level most immediate to many grievance occurrences. Level II decision making is at the central administrative level of the agency of institution. Level III calls for final grievance resolution by the governing body of the agency/institution, such as the Board of Education.
This sample procedure may be used in a variety of ways. Some agencies or institutions may wish to adopt this procedure in detail or continue using an existing procedure that works well. Others may wish to select a few provisions or clauses of this sample procedure for inclusion into their existing grievance procedure. It should be remembered that Title IX and Section 504 regulations are not specific as to the type of grievance procedure to be used. The regulations merely require that a grievance procedure by “prompt and equitable” when responding to alleged discrimination. This sample is provided as a means to illustrate a possible grievance procedure that caters to students and employees. Collective bargaining grievance procedures are usually inappropriate in this regard since most do not cater to students and because the provisions of Title IX and Section 504 are not subject to collective bargaining and contract negotiations.
For more information or assistance regarding this sample procedure and form, please contact:
Dan Gregory
Special Education Coordinator
504 Coordinator
Lionsgate Academy
3420 Nevada Ave. N.
Crystal, MN 55427
763-486-5359 ext. 105
*Adapted in part from “Title IX Grievance Procedures: An Introductory Manual,” published by the Resource Center on Sex Roles in Education, National Foundation for the Improvement of Education, 1201 6th Street, NW, Washington, DC 20036.
September 1992
GRIEVANCE PROCEDURE FOR TITLE IX
OF THE EDUCATION AMENDMENTS OF 1972
AND SECTION 504 OF THE REHABILITATION ACT OF 1973
I. Filing of Grievances
A. Eligibility for Filing: Any student or employee, or any individual or group acting
in behalf of a student or employee (male or female) may file any grievance of sex
discrimination or sexual harassment with the Title IX coordinator. Any student or
employee, or any individual or group acting in behalf of a handicapped student or
handicapped employee may file any grievance of discrimination on the basis of a
physical or mental handicap with the Section 504 coordinator.
B. Pre-grievance Contact: Prior to the submission of a written grievance to a hearing
officer, the grievant(s) may request pre-grievance contact with the respondent alleged to
be directly responsible for the violation, and/or with the persons having immediate
supervisory authority related to the grievance. These persons may make reasonable
efforts to meet with the Title IX or Section 504 coordinator to discuss the grievance that
the student(s) or employee(s) wishes to bring to their attention. Such a pre-grievance
contact, however, shall be at the option of the grievant(s); it shall not be a precondition
for the submission of a written grievance to a hearing officer.
C. Grievance filing: Grievances filed with the Title IX or the Section 504 coordinator shall
be in writing on a form provided by the coordinator, and shall provide the following
information: name and address of grievant(s); nature of alleged violation; name of
persons responsible for the alleged violation (where known); requested relief or corrective action (specification of desired relief shall be at the option of the grievant), and any background information the grievant believes to be relevant (e.g., names or groups of other persons affected by the violation, etc).
D. Grievance forms: A grievance form (see next page) shall be prepared by the grievant and
the Title IX or the Section 504 coordinator who will facilitate the filing of the grievance.
These forms may be obtained from the Title IX coordinator or from the Section 504
coordinator. The grievant shall have the right to request assistance from the Title IX or
Section 504 coordinator or any other individual, group, or organization to assist in the
preparation of the form or in the filing of the grievance.
E. Time Limit for Grievance filing: A grievance must be filed within 60 days of the
occurrence of the alleged Title IX violation or the alleged Section 504 violation.
Lionsgate Academy
Title IX and Section 504 Grievance Form
Today’s Date _____________________________3
Complaint’s Name(s) _________________________________________________________________
Last Name First Name Initial
Address ____________________________________________________________________________
City _______________________________________ State _____________ Zip Code ___________
Telephone Number ___________________________________________________________________
Circle One: Student Employee Parent in behalf of student Other in behalf
student/employee
Circle One: Title IX grievance Section 504 grievance
Specifics of Complaint (describe below, including any dates of alleged discrimination). Attach an extra page if necessary.
If you wish, please describe any corrective action you would like to see taken with regard to the possible civil rights violation. Attach an extra page if necessary.
Would you like a pre-grievance contact with an identified respondent before a decision of a hearing officer is made? Circle One: Yes or No
__________________________________________
Signature of Complainant
PDE-3725 (9/92)
Name of Grievant ____________________________________________________________________
Name of Title IX/Section 504 Coordinator ________________________________________________
- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -
This section is for the use by the Title IX or Section 504 coordinator. Check below the course of action to be taken prior to submitting a copy of the grievance form and a copy of this form to be the identified respondent or to the respective hearing officer.
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( ) Pre-grievance Contact: Date Submitted ____________________________
________________________________________________________________________
Name of Identified Respondent
________________________________________________________________________
Due Date for response from person named above
( ) Level I: Date Submitted _______________________________________________
________________________________________________________________________
Name of Hearing Officer Job Title
________________________________________________________________________
Due Date for response from person named above
( ) Level II: Date Submitted ____________ Due Date for Hearing ____________
________________________________________________________________________
Name of Hearing Officer
________________________________________________________________________
Date of Hearing and Due Date for response from person(s) named above
( ) Level III: Date Submitted ____________ Due Date for Hearing ___________
________________________________________________________________________
Name of Hearing Officer(s) Position Title
________________________________________________________________________
Date of Hearing and Due Date for response from person(s) named above
- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -
This section is for use by the identified respondent or hearing officer(s). Prior to returning this form to the Title IX or Section 504 coordinator, circle your decision regarding the grievance: denied or granted
If grievance has been granted, explain on another paper and/or circle your decision regarding the corrective action requested by the grievant: agree or disagree
______________________________________________________________
Signature of Identified Respondent/Hearing Officer(s) Date
II. Definitions
A. Grievance: a complaint alleging any policy, procedure, or practice which would be
prohibited by Title IX or by Section 504.
B. Title IX: Title IX of the Education Amendments of 1972, the 1975 implementing
regulation, and any memoranda, directive, guidelines, or subsequent legislation that may
be issued or enacted.
C. Section 504: Section 504 of the Rehabilitation Act of 1973, and any memoranda,
directive, guidelines or subsequent legislation that may be issued or enacted.
D. Grievant: a student or employee of (name of institution/agency) who submits a
grievance relevant to Title IX or to Section 504, or an individual or group submitting a
grievance in behalf of a student(s) or employee(s).
E. (Name of institution/agency): any reference to any school, department, subunit or
program operated by (name of institution/agency).
F. Title IX Coordinator: the employee(s) designated to coordinate (name of
institution/agency) efforts to comply with and carry out its responsibilities under the Title
IX regulation.
G. Section 504 Coordinator: the employee(s) designated to coordinate (name of
institution/agency) efforts to comply with and carry out its responsibilities under the
Section 504 regulation.
H. Respondent: a person alleged to be responsible or who may be responsible for the
Section 504 or the Title IX violation alleged in a grievance. The term may be used to
designate persons with direct responsibility for a particular action or those persons with
supervisory responsibility for procedures and policies in those areas covered in the
grievance.
I. Hearing Officer: the representative(s) of (name of institution/agency) or of its
governing body who is delegated authority for hearing/resolving a grievance at a
specified level of grievance processing.
J. Grievance Answer: the written statement of the respondent regarding the grievance
allegation and possible corrective action.
K. Grievance Decision: the written statement of a hearing officer of his/her findings
regarding the validity of the alleged grievance and the corrective action to be taken.
L. Day: a working day. The calculation of days specified in this grievance procedure
exclude Saturdays, Sundays, and holidays. Any time limits set by this procedure may be extended, however, by mutual consent of the grievant(s) and the respondent(s).
M. Corrective Action: the action which is taken by (name of institution/agency) to
eliminate or modify any policy, procedure, or practice found to be in violation of Title IX
or Section 504, or to provide redress to any grievant injured by the identified violation.
III. Initial Processing of Grievances
A. Notification of Respondents: Within five days of the filing of a grievance, the Title IX or
Section 504 coordinator shall submit a copy of the completed grievance form to the respondent(s), if requested by the grievant. The respondent(s) shall provide a written
grievance answer and return the grievance form to the Title IX or Section 504 coordinator
within five days after receipt of the grievance.
B. Respondent’s Grievance Answer: The respondent(s) receiving a copy of a grievance
form shall, within five days, submit a written grievance answer to the grievant via the
Title IX or Section 504 coordinator. Such answer shall confirm or deny each fact alleged
in the grievance, indicate the extent to which the grievance has merit, or indicate
acceptance or rejection of any desired redress specified by the grievant, or outline an
alternative proposal for redress.
C. Referral of Grievance and Grievance Answer to Appropriate Processing Level: Within
five days after receipt of the respondent’s written grievance answer, the Section 504 or
Title IX coordinator shall determine the appropriate level for first grievance processing
and submit a copy of the grievance form and the respondent’s grievance answer to the
appropriate hearing officer. If no grievance answer has been received from the
respondent(s) by the fifth day after notification, the Section 504 or Title IX coordinator
shall, on the sixth day, immediately submit a copy of the grievance form to the
appropriate hearing officer along with a notice of non-response from the respondent.
The criteria which shall be used by the Section 504 or Title IX coordinator in determining
the appropriate level for first processing of a grievance include:
Level I: Grievance involving policy, procedure or practice of single unit or subunit of agency/institution.
Level II: Grievance involving administrative policy, procedure, or practice of entire agency/institution.
Level III: Grievance involving policy for which a governing board is primarily responsible.
The hearings officer selected by the Title IX or Section 504 coordinator at each level shall be:
Level I: Examples are: principal, pupil personnel officer, chairperson of a department, dean of a school, or supervisor of non-instructional staff.
Level II: Examples are: superintendent, president or executive director of an institution or service area.
Level III: Governing board of agency/institution or representative of the governing board.
If the grievance is referred directly to Level II or to Level III for first processing, the Title IX or Section 504 coordinator shall briefly write the reason(s) for this decision on the form.
IV. Grievance Processing Levels
A. Level I:
1. Written grievance decision by Level I hearing officer – when a grievance and, if
possible, a grievance answer or non-response are referred to Level I for first
processing, the Level I hearing officer shall, within five days of referral, submit a
written grievance decision to the grievant, and if applicable, the respondent, via
the Title IX or Section 504 coordinator. The decision shall: 1.) confirm or deny
each fact alleged in the grievance and in the respondent’s answer; 2.) indicate the
extent to which the grievance has merit; and 3.) indicate acceptance or rejection
of any redress specified by the grievant or respondent.
2. Acceptance or rejection of hearing decision by the grievant – if the grievant
rejects the Level I hearing decision, she/he shall, within ten days of the receipt of
the hearing decision, notify the Section 504 or Title IX coordinator of his/her
intent to appeal the grievance to Level II. This notification shall be in writing. If
no such notification is received by the Section 504 or Title IX coordinator within
this time period, any corrective action specified in the Level I hearing decision
shall be taken, and the grievance will be recorded as closed.
3. No written decision by Level I hearing officer – in the event that no written
decision is issued by the Level I hearing officer within five days of referral, the
Title IX or Section 504 coordinator shall, on the sixth day, immediately arrange a
date for a Level II hearing, and submit the grievance along with a notice of non-
response from the Level I hearing officer to the Level II hearing officer.
B. Level II:
1. Scheduling of a Level II hearing; notification of participants – within five days of
the grievant’s request to appeal the grievance to Level II, the Title IX or Section
504 coordinator shall arrange a date for a Level II hearing. The coordinator shall
notify the grievant, the respondent if applicable, and the Level II hearing officer
of the time, place, and minimum duration of the hearing. The hearing shall be
held within five days after appeal/referral of the grievance to Level II. If any
written materials or records relevant to the grievance are transmitted to the Level
II hearing officer by the Title IX or Section 504 coordinator at the time of
notification, copies of these materials shall also be transmitted to the grievant and,
if applicable, the respondent.
2. Persons present at the Level II hearing – persons at the information hearing shall
include the grievant, the respondent, any representative(s) of either the grievant or
the respondent, any individual requested by either party to provide information
relevant to the evaluation of the grievance, and the Level II hearing officer. The
Title IX or Section 504 coordinator shall be present to act as moderator and
recorder. Hearings shall not be open to other persons unless requested or
approved by the grievant.
3. Procedures governing the conduct of the Level II hearing -
a. Duration: no hearing shall be less than three hours long, unless all parties
consent to a shorter hearing. The time established for the duration of the
hearing shall be allocated in equal parts to the grievant and the respondent.
The Title IX or Section 504 coordinator shall moderate the usage of time.
b. Grievance witnesses: both the grievant and the respondent shall have the
right to present such witnesses as they deem necessary to develop the facts
pertinent to the grievance.
c. Questioning of witnesses: formal rules of evidence shall not be applied to
the Level II grievance hearing. The grievant and respondent shall have the right to use their allocated time to ask questions or any person partici-pating in the hearing.
4. Level II hearing decision – within five days after the Level II hearing, the Level II
hearing officer shall issue a written decision which includes a statement regarding
the validity of the grievance allegation, and a specification of any corrective
action to be taken. This decision shall specify the reasons on which the decision
is based. Copies of the decision shall be sent to the grievant and the respondent
via the Section 504 or Title IX coordinator.
5. Acceptance or rejection of hearing decision by the grievant – if the grievant
rejects the Level II hearing decision, she/he shall, within ten days of the receipt of
the hearing decision, notify the Title IX or Section 504 coordinator of her/his
intent to appeal the grievance to Level III. This notification shall be in writing. If
no such notification is received within this time period, any corrective action
specified in the Level II hearing decision shall be taken, and the grievance will be
recorded as closed.
6. No written decision by Level II hearing officer – in the event that no written
decision is issued by the Level II hearing officer within five days after the Level
II hearing, the Title IX or Section 504 coordinator shall, on the sixth day,
immediately submit a copy of the grievance form for processing at Level III,
along with a formal notification for a Level III hearing, to the governing board of
(name of institution/agency) or its designated representative(s). The grievance
form shall also include a notice of non-response from the Level II hearing officer.
C. Level III:
1. Grievance hearing conducted by the governing board or the board’s designated
representative(s). Processing activities shall occur on the following schedule:
a. Scheduling of the hearing: within five days of the grievant’s request to
appeal the grievance to Level III, the Section 504 or Title IX coordinator
shall submit to the governing board or its designated representative(s) a
copy of the grievance and a formal notification requesting a date for the
Level III hearing. The coordinator shall notify the grievant, the respondent, and the Level III hearing officer(s) of the time, place, and
minimum duration of the hearing to occur within fifteen days after
notifying the Level III hearing officer of the grievance. If any written
materials or records relevant to the grievance are transmitted to the Level
III hearing officer(s) by the Title IX or Section 504 coordinator prior to
the hearing, copies of these materials shall also be transmitted to the
grievant, and if applicable, to the respondent.
b. Conducting the hearing: the hearing shall be scheduled for and conducted
on a date not to exceed fifteen days after the appeal/referral of the grievance to Level III. It should be conducted similar to procedures
governing the conduct of the Level II hearing.
2. Level II hearing decision: the governing board or the board’s designated
representative(s) of (name of institution/agency) shall issue a written decision
which includes a statement regarding the validity of the alleged grievance and a
specification of any corrective action to be taken. This decision shall constitute
the final decision issued pursuant to any grievance.
All Level III hearing decisions shall be based on a majority vote by the governing
board or its designated representative(s). Any board member in disagreement with the majority or its designated representative(s) shall have the option to pre-
pare a dissenting opinion for inclusion within the final decision.
A copy of the decision shall be sent to the grievant and the respondent, if
applicable, via the Title IX or Section 504 coordinator. The superintendent or chief executive officer of the institution/agency shall also receive a copy of the decision.
3. Rejection of hearing decision by the grievant – if the grievant rejects the Level III
hearing decision, she/he may notify a state or federal agency having civil rights
enforcement power. These agencies are: The Pennsylvania Human Relations
Commission and the U.S. Office for Civil Rights.
V. General Provisions
A. Grievant’s Right to Information: A grievant(s) may request access to information and
records of the agency/institution which relate to the validity of the grievance. If such
requested information requires an unreasonable cost by the agency/institution, such
request may be refused provided that the information is not submitted as evidence by the
respondent(s), and that this refusal is considered during the grievance hearing. In order to
protect the privacy of persons not directly involved in the grievance proceeding, the
agency/institution shall reserve the right to expunge names and any identifying inform-
ation not directly relevant to the substance of the grievance from any information or
records supplied to the grievant.
B. Grievant’s Right to Representation and Assistance:
1. Right to representation – The grievant’s has the right to be represented by
knowledgeable persons, organizations, or groups of her/his selection at any point
during the initiation, filing, or processing of the grievance. The Section 504 or
Title IX coordinator shall provide help in identifying such knowledgeable persons
or groups.
2. Right to assistance – The institution/agency shall provide assistance to
grievants, including access to copies of the Title IX and Section 504
regulation, related guidelines, memoranda, and other relevant materials supplied the institution by the federal government as well as access to public grievance records. In addition, the Title IX or Section 504 coordinator shall provide consultation and assistance in the interpretation of such information and the use of this grievance procedure.
C. Training of Grievance Hearing Officers: All persons designated as Level I, II and III
grievance hearing officers may request training regarding Title IX or Section 504
regulatory requirements and non-discrimination precedents, and the basic principles and
operation of this grievance procedure. This training shall be arranged by the Title IX or
Section 504 coordinator. The Title IX or Section 504 coordinator may also provide
continuing consultation to hearing officers regarding the civil rights requirements and the implementation of this procedure.
D. Confidentiality of Grievance Handling: Grievant(s) shall also have the right to determine
whether or not their grievance record shall be open or closed to the public. Should
grievants decide that the grievance record shall be open to the public, they shall have the
additional right to have any matter which directly or indirectly identifies the grievant
removed from all grievance records or documents open to the public. No record of
grievance shall be entered in the personal file of any student or employee.
E. Maintenance of Grievance Records: Records shall be kept of each grievance. These
shall include, at minimum: the name of the grievant and her/his position in (name of
institution/agency); the date of grievance filing; the specific allegation made in the
grievance and any corrective action requested; the names of respondents; the levels of
processing and the resolution, date, and hearing officer(s) at each level; a summary of
major points, facts, and evidence presented by each party to the grievance; and a
statement of the final resolution and the nature and date of any corrective action taken.
Such records shall be maintained on a confidential basis unless otherwise specified by the
grievant, and shall be filed for a minimum of three years.
F. Prohibition of Harassment: No person shall be subjected to discharge, suspension,
discipline, harassment, or any form of discrimination for having used or having helped
others use this grievance process.
G. Role of the Title IX and Section 504 Coordinator(s): It is the primary responsibility of
the Title IX and Section 504 coordinator(s) to ensure the effective installation,
maintenance, processing, record keeping, and notification required by this grievance
procedure.
H. Financial Responsibility for Grievance Processing: All costs involved in the
administration of this grievance procedure shall be assumed by the (name of
institution/agency).
____________________________________________________________________________________
ADOPTED BY THE BOARD ON: February 19th, 2008
REVISED BY THE BOARD ON:
