5711 - TITLE IX GRIEVANCE PROCEDURE

In accordance with the Southern Local Board of Education policy statement regarding compliance with Title IX Rules and Regulations, (adopted November 9, 1975) and specifically in accordance with Section 86.6b of the Title IX Rules and Regulations which states: "A recipient shall adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints alleging any action which would be prohibited by this ** (regulation)", the Southern Local District Board of Education does adopt the following Grievance Procedures:

Definitions

Grievance: an issue that reaches Level One Procedure. This issue involves the violation, interpretation or application of any article of Part 86, Rules and Regulations, Title IX, Federal Educational Amendments of 1972.

Student: any person enrolled as a student in any school and/or educational or recreational program authorized by the Southern Local Board of Education.

Employee: any full-time or part-time teacher, secretary, clerk, custodian, cleaner, administrator or other person receiving compensation for services rendered the Southern Local Board of Education.

Compliance Coordinator: the person designated by the Board to coordinate efforts to comply with Title IX Rules and Regulations.

Local Superintendent: the local Superintendent of Schools or a designated representative.

Hearing Officer: the high school principal.

LEVEL ONE PROCEDURE

The student or employee who has a complaint, and is unable to solve the issue, may address the complaint in writing to the hearing officer.

The hearing officer’s responsibilities:

1. investigate, within one (1) week, the circumstances of the complaint;

2. render a decision, within two (2) weeks after receipt of complaint and notify the complainant;

3. provide the complainant one (1) week to react to the decision before it becomes final.

The complaint’s responsibilities:

1. accept the decision, in writing, addressed to the hearing officer;

2. disagree with the decision, in writing, addressed to the hearing officer.

A level two procedure will be initiated.

LEVEL TWO PROCEDURE

The hearing officer requests the local superintendent to review the complaint.

The local superintendent will schedule a meeting within one (1) week of the receipt of the request for review. The participants shall be the complainant, the hearing officer, and the local superintendent.

The local superintendent will make a decision within one (1) week which shall be final. The complainant and the hearing officer will receive copies of the decision.

Title IX Equal Opportunity Act (Athletics)

1. "No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, be treated differently from another person or otherwise be discriminated against in any interscholastic, intercollegiate, club or intramural athletics offered by recipient, and no recipient shall provide any such athletics separately on such basis.

2. "A recipient may operate or sponsor separate teams for members of each sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport. However, where a recipient operates or sponsors a team in a particular sport for members of one sex but operates or sponsors no such team for members of the other sex, and athletic opportunities for members of that sex have previously been limited, members of the excluded sex must be allowed to try-out for the team offered unless the sport involved is a contact sport. For the purpose of this part, contact sports include boxing, wrestling, rugby, ice hockey, football, basketball and other sports, the purpose of major activity of which involves bodily contact."

3. A recipient which operates or sponsors interscholastic, intercollegiate, club or intramural athletics shall provide equal athletic opportunity for members of both sexes. In determining whether equal opportunities are available the following must be considered:

   1. whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both sexes;

   2. the provision of equipment and supplies;

   3. scheduling of games and practice time;

   4. travel and per diem allowance;

   5. opportunity to receive coaching and academic tutoring;

   6. assignment and compensation of coaches and tutors;

   7. provision of locker rooms, practice, and competitive facilities;

   8. provision of medical and training facilities and services;

   9. provision of housing/dining facilities and services;

   10. publicity.

Unequal aggregate expenditures for members of each sex or unequal expenditures for male and female teams if a recipient operates or sponsors separate teams will not constitute noncompliance with this section but failure to provide necessary funds for teams for one sex in assessing equality of opportunity may be noncompliance.