Grievance Procedure

CODE: AC-R 


Maine School Administrative District No. 31


GRIEVANCE AND COMPLAINT PROCEDURES


(Affirmative Action, Title IX, Section 504)


1. GENERAL POLICY STATEMENT:


It is the policy of M.S.A.D. #31 to provide equal employment and educational opportunities regardless of race, sex, color, national origin, marital status, religion, age, or disability in accordance with all federal and state legislation relative to discrimination, and to prohibit retaliation against individuals for participating in an investigation concerning or for opposing suspected discrimination, including harassment or retaliation, on the basis of race, color, sex, sexual orientation, age, religion, ancestry, national origin, or disability.



2. PURPOSE:


The purpose of grievance and complaint procedures is to provide for prompt and equitable resolutions of student and employee complaints alleging discrimination, including harassment, based on race, color, sex, sexual orientation, age, religion, ancestry, national origin, or disability, or retaliation for opposing or for participating in an investigation concerning such discrimination or retaliation, in violation of Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, the Age Discrimination in Employment Act, the Maine Human Rights Act and other state and federal laws that address discrimination in employment or education on the basis of race, color, sex, sexual orientation, age, religion, ancestry, national origin, or disability.


3. PROCEDURES FOR INITIATION AND PROCESSING OF A GRIEVANCE OR COMPLAINT:


a. Employee Grievances and Complaints


Any complaint or grievance that an employee has been subject to discrimination, harassment or retaliation on the basis of race, color, sex, sexual orientation, age, religion, ancestry, national origin, or disability shall be filed and investigated in accordance with procedure ACAB-R – Employee Discrimination and Harassment Complaint Procedure.


b. Student Grievances and Complaints


Any complaint or grievance that a student has been subject to discrimination, harassment or retaliation on the basis of race, color, sex, sexual orientation, religion, ancestry, national origin, or disability shall be filed and investigated in accordance with procedure ACAA-R, Student Discrimination and Harassment Complaint Procedure


4. EXTERNAL COMPLAINTS:


At any time, an employee or student grievant may choose to refer a complaint or grievance relating to discrimination, harassment or retaliation to state and federal agencies, including:


  1. State Agency:


Maine Human Rights Commission

State House Station #51

Augusta, ME 04333

(207) 289-2326


b. Federal (Regional) Educational Agency:


U.S. Department of Education

Office for Civil Rights

5 Post Office Square, 8th Floor

Boston, Massachusetts 02109

(617) 289-0111


c. Federal (Regional) Employment Agency:


Equal Employment Opportunity Commission

John F. Kennedy Federal Building

475 Government Center

Boston, MA 02203

(800) 669-4000



Nothing in these procedures shall prevent an aggrieved party from seeking whatever remedy (s)he may have at law or equity under the laws of this State or the laws of the United States or the Constitution.


Legal Reference: Americans with Disabilities Act (42 U.S.C. § 12101 et seq., as amended; 28 CFR § 35.107)

Section 504 of the Vocational Rehabilitation Act (29 U.S.C. § 794 et seq., as amended; 34 CFR § 104.7)

Title IX of the Educational Amendments of 1972 (20 USC § 1681 et seq.; 34 C.F.R. §106.8)

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d; 34 C.F.R. Part 100)

Age Discrimination in Employment Act (34 CFR § 110.25)

Maine Human Rights Act (5 MRSA § 4571 et seq., 4681 et seq.)


Cross Reference: AC - Nondiscrimination/Equal Opportunity and Affirmative Action

ACAA - Harassment and Sexual Harassment of Students

ACAA-R - Student Discrimination and Harassment Complaint Procedure

ACAB - Harassment and Sexual Harassment of School Employees

ACAB-R - Employee Discrimination and Harassment Complaint Procedure


First Reading: 05/17/1989

Second Reading: 06/21/1989

Amended: 07/15/1998

Adopted: 02/10/1999

Revised: 02/05/2007

First Reading: 12/19/2018

Second Reading: 01/16/2019