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MONROE CITY SCHOOL BOARD’S

TITLE IX GRIEVANCE APPEAL PROCEDURES

 

 

A Complainant (Accuser), Respondent (Accused) or person concerned in a Title IX Complaint may request an appeal:

 

  1. From a determination by the Decision Maker/ Superintendent regarding a Title IX Complaint (a decision regarding “responsibility”), and

  2. From the Decision Maker/ Superintendent’s dismissal of a formal Complaint or any allegations therein.

 

A grievance appeal must be filed without undue delay, not more than seven (7) days after the date a determination is made by the Decision Maker/ Superintendent on a Title IX Complaint.

 

A person desiring to file a grievance appeal should submit a written request to the School Board President (or in his/her absence, to the School Board Vice President) or transmit the request by other reasonable means if a written submission is not possible.  The School Board President (or in his/her absence, the School Board Vice President) may designate a suitable agent or representative (“designee”) of the Monroe City School Board (“Appeal Authority”) to receive the grievance appeal request.  The School Board President, Vice President, and any authorized designee (collectively sometimes referred to as the “representatives of the Appeal Authority”) who receive a grievance appeal request may deem a late submission reasonable under certain extraordinary or extenuating circumstances.

 

The Decision Maker/ Superintendent shall immediately and confidentially furnish to the Appeal Authority all Complaint records, upon receiving notice that a grievance appeal has been filed.

 

The particulars of the grievance appeal request shall be promptly and confidentially provided to members of the Appeal Authority who will act on the grievance appeal.  The members of the Appeal Authority may:

 

  1. Act (when convened as the full School Board) on the grievance appeal and render a decision;

  2. Authorize a School Board Committee to act on the grievance appeal and either (a) recommend a decision to the full School Board for action or (b) render a decision for the Appeal Authority; or

  3. Authorize the designee to review the appeal and:

 

  1. Make recommendations to the School Board or a Committee thereof regarding a proposed decision or disposition; or

  2. Render a decision on behalf of the School Board.

 

Grievance appeals must be based on the following:

 

  1. A procedural irregularity that affected the outcome of the matter;

  2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;

  3. The Title IX Coordinator, investigator(s), or Superintendent had a conflict of interest or bias for or against multiple Complainant(s) or multiple Respondent(s) generally or an individual Complainant or Respondent, that affected the outcome of the matter; or

  4. For other good legal cause cognizable under Title IX, as may be permitted by the School Board.

 

For all grievance appeals, the Appeal Authority must:

 

  1. Notify all Complainants and Respondents in writing that an appeal is filed within five (5) calendar days of the filing date, in the absence of extraordinary or extenuating circumstances;

  2. Implement the grievance appeal procedures in manner such that all parties are treated fairly and equally;

 

  1. Authorize the designee, or designate a suitable third party, to assume the role of the Appeal Authority and consider the appeal if:

 

  1. The School Board is required to act as the decision-maker and make a decision (regarding responsibility or dismissal of a Complaint) because the matter involves the Superintendent, or

  2. The Superintendent assumes the duties of the Title IX Coordinator for reason that the latter is the Respondent to a Complaint or otherwise unable to perform the duties of the role, and the School Board assumes the duties of the decision-maker;

 

  1. Ensure that the grievance appeal review complies with the review standards required under Title IX;

  2. Afford to all parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome of a decision or dismissal of a complaint or an allegation therein—which should be submitted within five (5) calendar days (in the absence of extraordinary or extenuating circumstances) of receiving a request from the Appeal Authority for written statements to be furnish by any party desiring to submit such;

  3. After considering submissions received from all parties, issue a written decision describing the result of the grievance appeal and the rationale for the result as soon as practicable; and

  4. Furnish the written decision simultaneously to all parties.

 

Should the last day of any deadline occur on a legal holiday or weekend, then the deadline shall be extended to first calendar day the immediately follows that is not a legal holiday.

 

Methods of communication used to notify the School Board President or Vice President are as provided on Attachment 1.

 

Adopted:  August 25, 2020

 

 

Ref:    Board minutes, 8-25-20

 

 

Monroe City School Board

 

 

Attachment No. 1

 

Should a concerned person desire to file a Title IX grievance appeal, the request should be directed to:

 

2020 Monroe City School Board Officers

Hon. Betty Ward-Cooper, President

Monroe City School Board

2006 Tower Drive

Monroe, Louisiana  71201

Email: bettywardcooperMCSB5@gmail.com

 

Hon. Brandon Johnson, Vice President

Monroe City School Board

2006 Tower Drive

Monroe, Louisiana  71201

Email: Bjmcsb6@gmail.com