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Public Complaints Concerning Discrimination

AR 1312.30

PUBLIC COMPLAINTS CONCERNING DISCRIMINATION

4 AAC 06.560 requires that discrimination grievance procedures provide for a hearing before the School Board on the record and a final decision within 60 days. 



Compliance Responsibility
 

Federal law requires the district to designate the person responsible for the overall implementation of the requirements of TITLE IX and Section 504, which prohibit discrimination on the basis of sex and handicap. 


The School Board designates the following individual as the district’s compliance officer responsible for receiving and investigating complaints concerning unlawful discrimination in district programs and activities:

     Alonso Escalante,  Compliance Officer
     333 Schoenbar Road
     Ketchikan, AK 99901
     (907) 247-2137
   

The compliance officer shall notify all parties involved when a complaint is filed, when a complaint meeting or hearing is scheduled, and when a decision or ruling is made.  The compliance officer shall maintain a record of each complaint and when it was received, attempts to resolve the complaint, including a record of any hearings, and the district’s written decision regarding the complaint.  The compliance officer shall ensure that a final decision regarding any complaint of unlawful sex or race discrimination is reached within 60 days of receipt of the complaint.


Filing of Complaint

Any district resident may file a written complaint of alleged noncompliance with the district compliance officer.  If a complainant is unable to put a complaint in writing due to conditions such as illiteracy or other handicaps, district staff shall assist him/her to file the complaint. 


Investigation of Complaint

The compliance officer shall hold an investigative meeting within five days of receiving the complaint or attempting to mediate the complaint.  This meeting shall provide an opportunity for the complainant and/or his/her representative and the district’s representatives to present information relevant to the complaint.  Parties to the dispute may discuss the complaint and question each other or each other’s witnesses.

To ensure that all pertinent facts are made available, the compliance officer and the complainant may ask other individuals to attend this meeting and provide additional information.


Written Decision

Within 30 days of receiving the complaint, the compliance officer shall prepare and send to the complainant a written report of the district's investigation and decision, including:

1.      The findings and disposition of the complaint, including corrective actions, if any.

2.     The rationale for the above disposition.

3.     Notice of the complainant’s right to appeal the decision and procedures to be followed for initiating such an appeal.


Appeal to the Board

Within five days of receiving the district’s written decision, the complainant may appeal the compliance officer’s decision to the School Board.  The School Board shall consider the matter at its next regular School Board meeting or at a special Board meeting convened in order to provide a School Board hearing and written district decision within 60 days of the district’s initial receipt of the complaint or within an extended time period that has been specified in a written agreement with the complainant.


State or Federal Appeal

If dissatisfied with the resolution of a complaint alleging unlawful sex or race discrimination, the complainant may file an appeal with the Commissioner of Education within 180 days of the alleged violation.  (4 AAC 06.560)

If dissatisfied with the resolution of a complaint regarding a Title I program, the complainant may request its review by the U.S. Secretary of Education.  (34 Code of Federal Regulations, 200.74)

 

PUBLIC COMPLAINTS CONCERNING DISCRIMINATION
WITH RESPECT TO THE FOOD SERVICE PROGRAM: 

A Civil Rights Complaint is:
A verbal or written allegation of discrimination that indicates the School District operates in such a manner that it results in disparity of treatment or services being provided to persons or groups of persons because of their protected status.

The following action shall be taken by school district employees if they receive a civil rights complaint with respect to the Food Service Program:

1.    At the School:
When a complaint is made at the point of service or any other staff, they will take note of the complaint and email the district food service coordinator. The email should note who made the complaint and a summary of the complaint.  They will also let the person who is making the complaint know that they can fill out a written complaint at the district office.

2.    District Office:
When a complaint is made district personnel will provide the Civil Rights Complaint Record form to the person making the complaint. This form will then be given to the district food service coordinator.

3.    District Food Service Coordinator (DFSC):

       a.    When a complaint is sent by email, the DFSC will investigate the matter. If a written complaint is not filled out by the person who made the   complaint the DFSC will fill in the form with the information provided through email (or possible verbal communication).

       b.    An investigation into the matter will be conducted by the DFSC.

       c.    The DFSC will then write a response to the person who made the complaint.

       d.    The DFSC will send in the Civil Rights Complaint Record form to the Program Administrator, Child Nutrition Services; Teaching and Learning     Support; Alaska Department of Education and Early Development;      801 West 10th Street, Suite 200; P.O. Box 110500; Juneau, Alaska 99811-0500

e.    A copy of the Civil Rights Complaint Record form will be kept on file in the district.

 

KETCHIKAN GATEWAY BOROUGH SCHOOL DISTRICT
Adoption Date: 2/09/2011
Revision Date: 8/14/2019