South Dakota School Law - Checklist For the Evaluation of Title IX Grievance Procedures

 

Listed below are a number of questions which may be used to evaluate the content of your school district's Title IX grievance procedures and determine possible needs for modification.

These questions are organized into three sections - (1) initiation and filing of the grievance; (2) processing of the grievance; and (3) basic procedural rights.

Section 1 - Initiation and Filing of Grievance 

Does the grievance procedure:

1. Provide clear and adequate definitions of who may grieve, what issues may be covered by grievances, and the terms used throughout the procedure? Yes ___ No ___

2. Cover all students and employees? Yes ___ No ___

3. Clearly state the form and procedure for filing of grievances? Yes ___ No ___

4. Specify any time limits for the initiation of a grievance? Yes ___ No ___

5. Provide for assistance to grievant in filing/preparation/processing of grievance? Yes ___ No ___

6. Specify the responsibilities of the school district and its staff for the receipt and initial handling of grievances? Yes ___ No ___

7. Provide methods for informal and prompt resolution of grievances when further processing is not needed? Yes ___ No ___

Section 2 - Processing of Grievance 

Does the grievance procedure:

1. State the number and levels of steps for grievance processing and the criteria for initial referral to each level? Yes ___ No ___

2. State the form of grievance presentation and processing (oral/written; hearing officer/hearing panel; etc.) at each step? Yes ___ No ___

3. Specify the criteria and procedure for the assignment of initial hearing levels? Yes ___ No ___

4. Delineate procedures and responsibilities for notification of all parties at each processing level? Yes ___ No ___

5. Delineate timelines for all activities within the grievance procedure? Yes ___ No ___

6. Specify the procedures which shall be used in conducting grievance hearings? Yes ___ No ___

    -- amount of time allocated to each hearing? Yes ___ No ___

    -- amount of time allocated to each party to the grievance? Yes ___ No ___

    -- right of each party to representation and assistance? Yes ___ No ___

    -- right of each party to present witnesses and evidence? Yes ___ No ___

    -- right of each party to question witnesses? Yes ___ No ___

    -- roles of persons involved in the hearing? Yes ___ No ___

    -- provisions/requirements for recording the hearing? Yes ___ No ___

7. Specify requirements for submitting written information by parties? Yes ___ No ___

8. State the form and timelines for preparing grievance decisions? Yes ___ No ___

9. Clearly state the procedures and timelines for the grievant’s acceptance or appeal of grievance decisions? Yes ___ No ___

10. Specify the roles and selection of persons involved in grievance processing? Yes ___ No ___

Section 3 - Basic Procedural Rights

Does the grievance procedure:

1. Provide grievant with the right to appeal to progressive levels of decision making? Yes ___ No ___

2. Provide assurances regarding the impartiality of hearing officers? Yes ___ No ___

3. Provide for confidentiality of grievance proceedings if so desired by the grievant? Yes ___ No ___

4. Provide for grievant's access to relevant records? Yes ___ No ___

5. Provide for the protection of grievant and respondent from harassment and entry of information into student and personnel files? Yes ___ No ___

6. Provide for confidentiality of grievance records if desired by grievant? Yes ___ No ___

Source: United States Department of Education

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