2:260 - Uniform Grievance Procedure

Policy 2:260

Board of Education

Uniform Grievance Procedure

The Complaint Manager will attempt to resolve complaints without resorting to the grievance procedure. If a formal complaint is filed under this procedure, the Complaint Manager will address the complaint promptly and equitably. A student and/or parent/guardian filing a complaint under this procedure may forego any informal suggestions and/or attempts to resolve it and may proceed directly to the grievance procedure. The Complaint Manager will not require a student or parent/guardian complaining of any form of harassment to attempt to resolve allegations directly with the accused (or the accused’s parents/guardians); this includes mediation.

A student, parent/guardian, employee, or community member should notify a District Complaint Manager if the person believes that the Board of Education, its employees, or agents have violated a person’s rights guaranteed by the state or federal constitution, state or federal statute, or Board policy, or have a complaint regarding any one of the following:

  1. Disability discrimination under (Title II of the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973);
  2. Race discrimination or discrimination on the basis of other protected status (Title VI of the Civil Rights Act, 42 U.S.C. §2000d et seq.);
  3. Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., excluding Title IX sexual harassment complaints governed by policy 2:265, Title IX Sexual Harassment Grievance Procedure
  4. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §791 et seq.
  5. Equal Employment Opportunities Act (Title VII of the Civil Rights Act), 42 U.S.C. §2000e et seq.
  6. Sexual harassment prohibited by the State Officials and Employees Ethics Act, 5 ILCS 430/70-5(a); Illinois Human Rights Act, 775 ILCS 5/; and Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq. (Title IX sexual harassment complaints are addressed under policy 2:265, Title IX Sexual Harassment Grievance Procedure)
  7. Breastfeeding accommodations for students, 105 ILCS 5/10-20.60
  8. Bullying, 105 ILCS 5/27-23.7
  9. Misuse of funds received for services to improve educational opportunities for educationally disadvantaged or deprived children
  10. Curriculum, instructional materials, and/or programs
  11. Victims’ Economic Security and Safety Act, 820 ILCS 180/
  12. Illinois Equal Pay Act of 2003, 820 ILCS 112/
  13. Provision of services to homeless students
  14. Illinois Whistleblower Act, 740 ILCS 174/
  15. Misuse of genetic information prohibited by the Illinois Genetic Information Privacy Act, 410 ILCS 513/; and Titles I and II of the Genetic Information Nondiscrimination Act, 42 U.S.C. §2000ff et seq.
  16. Employee Credit Privacy Act, 820 ILCS 70/


Employee grievances arising from alleged violations, misinterpretations, or misapplications of a collective bargaining agreement are not addressed by this policy and are instead addressed through the grievance process set forth in the applicable collective bargaining agreement.

Right to Pursue Other Remedies Not Impaired

The right of a person to prompt and equitable resolution of a complaint filed under this policy shall not be impaired by the person’s pursuit of other remedies (e.g., criminal complaints, civil actions, etc.). Use of this grievance procedure is not a prerequisite to the pursuit of other remedies and use of this grievance procedure does not extend any filing deadline related to the pursuit of other remedies. If a person is pursuing another remedy subject to a complaint under this policy, the District will continue with a simultaneous investigation under this policy.

Deadlines

All deadlines under this procedure may be extended by the Complaint Manager as deemed appropriate. As used in this policy, school business days means days on which the District’s main office is open.

Filing a Complaint

A person (hereinafter Complainant) who wishes to avail themselves of this grievance procedure may do so by filing a formal complaint with any District Complaint Manager after attempts at informal resolution have not been successful. The Complainant shall not be required to file a complaint with a particular Complaint Manager and may request a Complaint Manager of the same gender or, if the complaint is against the Superintendent, may bring the complaint to the President of the Board of Education. The Complaint Manager may request the Complainant to provide a written statement regarding the nature of the complaint or require a meeting with a student’s parent(s)/guardian(s). The Complaint Manager shall assist the Complainant as needed.

For any complaints alleging bullying and cyber-bullying of students, the Complaint Manager shall process and review the complaint according to Board policy 7:180, Preventing Bullying and Other Aggressive Behaviors. For any complaint alleging sexual harassment or other violation of Board policy 5:20, Workplace Harassment Prohibited, or Board policy 7:20, Harassment of Students Prohibited, the Complaint Manager shall process and review the complaint in accordance with any procedures, protections, or consequences outlined in Board policy 5:20 or 7:20, respectively, in addition to the procedures and responses required under this policy.

Investigation

The Complaint Manager will investigate the complaint or appoint a qualified person to undertake the investigation on the person’s behalf as the designated Complaint Manager. The Complaint Manager shall ensure both parties have an equal opportunity to present evidence during an investigation. If the Complainant is a student under 18 years of age, the Complaint Manager will notify the person’s parent(s)/guardian(s) that they may attend any investigatory meetings in which their child is involved. The complaint and identity of the Complainant or reporting person will not be disclosed except: (1) as required by law or this policy, (2) as necessary to fully investigate the complaint, or (3) as authorized by the Complainant or reporting person.

The identity of any student witnesses will not be disclosed except: (1) as required by law or any collective bargaining agreement, (2) as necessary to fully investigate the complaint, or (3) as authorized by the parent/guardian of the student witness.

Within 30 school business days of the date the complaint was filed, the Complaint Manager shall file a written report of findings with the Superintendent. The Complaint Manager may extend the deadline if necessary. If a complaint contains allegations involving the Superintendent or a member of the Board of Education, the written report shall be filed with the Board, which will make a decision in accordance with the following section of this policy. The Superintendent (or Complaint Manager, if reporting directly to the Board) will keep the Board informed of all complaints.

If a complaint contains allegations involving the Superintendent or Board member(s), the written report shall be filed directly with the Board, which will make a decision in accordance with paragraph four of the following section of this policy.

Decision and Appeal

Within 5 business days after receiving the Complaint Manager's report, the Superintendent shall mail the written decision to the Complainant and the accused by U.S. Mail, first class, as well as the Complaint Manager. All decisions shall be based upon the preponderance of evidence standard.

Within 10 school business days after receiving the Superintendent’s decision, the Complainant or the accused may appeal the decision to the Board of Education by making a written request to the Complaint Manager. The Complaint Manager shall promptly forward all materials relative to the complaint and appeal to the Board of Education.

At the request of the Superintendent or the Board, in cases in which an employee alleges sexual harassment, in lieu of issuing a decision, the Superintendent shall issue a recommendation to the Board.

Within 30 school business days of receiving any of the following:

  1. a recommendation from the Superintendent,
  2. a report filed directly with the Board of Education by a Complaint Manager,
  3. or an appeal of a decision of the Superintendent,

the Board shall reply by:

  1. affirming, reversing, or amending the Superintendent’s decision,
  2. or issuing a decision based on the Complaint Manager’s report or the Superintendent’s recommendation,
  3. or directing the Superintendent or Complaint Manager to gather additional information.

Within 5 school business days of the Board’s decision, the Superintendent shall inform the Complainant and the accused of the Board’s action.

This policy shall not be construed to create an independent right to a hearing before the Superintendent or Board of Education. The failure to strictly follow the timelines in this grievance procedure shall not prejudice any party.

Appointing Nondiscrimination Coordinator Complaint Managers

The Superintendent shall appoint a Nondiscrimination Coordinator to manage the District’s efforts to provide equal opportunity employment and educational opportunities and prohibit the harassment of employees, students, and others. The Nondiscrimination Coordinator also serves as the District’s Title IX Coordinator.

The Superintendent shall appoint at least one Complaint Manager to administer the complaint process in this policy. If possible, the Superintendent will appoint two Complaint Managers, one of each gender. The District’s Nondiscrimination Coordinator may be appointed as one of the Complaint Managers.

The Superintendent shall insert into this policy, and keep current, the names, addresses, and telephone numbers of the Nondiscrimination Coordinator and the Complaint Managers.

Nondiscrimination Coordinator:
Name: Heather Glowacki
Address: 615 Locust Rd., Wilmette, IL 60091
Email glowackh@wilmette39.org
Telephone: 847-512-6003
Complaint Managers:
Name: Katie Lee Tony DeMonte
Address: 615 Locust Rd., Wilmette, IL 60091 615 Locust Rd., Wilmette, IL 60091
Email: leek@wilmette39.org demontet@wilmette39.org
Telephone:  847-512-6002 847-512-6007

Adopted: February 17, 1998
Revised: January 22, 2008; June 27, 2016, January 22, 2018, June 18, 2018; August 24, 2020

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