Policy 2:260
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 students, parent/guardian, employee, or community member should notify a District
Complaint Manager if he/she believes that the Board of Education, its employees, or agents
have engaged in any one of the following:
- Disability discrimination under Title II of the Americans with Disabilities Act or
Section 504 of the Rehabilitation Act of 1973;
- 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.); or
- Sexual harassment or sex discrimination, which includes failing to provide
breastfeeding accommodations for students (State Officials and Employee Act,
Illinois Human Rights Act, Title VII of Civil Rights Act of 1964, or Title IX of the
Education Amendments of 1972).
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. Employees retain the right to report allegations of sexual
harassment to the Illinois Department of Human Rights through means established by that
Department, including, but not limited to, a hotline.
Deadlines
All deadlines under this procedure may be extended by the Complaint Manager as he or she
deems 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 him or herself 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 his or her behalf as the designated Complaint Manager. If a
complaint of sexual harassment contains allegations involving a Complaint Manager, the
Superintendent shall appoint another Complaint Manager or another qualified person to
undertake the investigation as the designated Complaint Manager. If a complaint of sexual
harassment contains allegations involving the Superintendent or a member of the Board of
Education, the Board shall appoint a qualified person who is not an employee of the Board
to undertake the investigation 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 his or her 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.
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 his or her 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 he/she is reporting directly to the
Board) will keep the Board informed of all complaints.
Decision and Appeal
Within 5 business days after receiving the Complaint Manager's report, the Superintendent
shall mail his or her written decision to the Complainant and the accused by U.S. Mail, first
class, as well as the Complaint Manager.
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:
- a recommendation from the Superintendent,
- a report filed directly with the Board of Education by a Complaint Manager,
- a report filed directly with the Board of Education by a Complaint Manager,
the Board shall reply by:
- affirming, reversing, or amending the Superintendent’s decision,
- or issuing a decision based on the Complaint Manager’s report or the
Superintendent’s recommendation,
- 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