Who may make a complaint?
A person (student, parent, employee, or applicant) may use this complaint procedure to report a concern or allegation that s/he is being denied an equal opportunity to access the School’s education programs, activities or services, including employment opportunities.Who can a complaint be made to?
A complaint may be reported to the Title IX and Section 504 Coordinator, an Administrator, or to a staff member. Any complaint received by an Administrator or staff member shall be promptly reported to a Title IX and Section 504 Coordinator for handling.How do you file a complaint?
A complaint may be made verbally or in writing. The School has an SBA Complaint Form available for those who choose to use it.
A complaint may also be filed with the SBA directly by sending a letter to the Administrator, Small Business Administration (SBA), Washington, D.C. 20416. Or you can file a complaint with the Department of Education’s Office of Civil Rights (OCR). OCR’s electronic complaint form is at the following website: http://www.ed.gov/about/offices/list/ocr/complaintintro.html
You may also email OCR’s Discrimination Complaint Form
or your own signed letter to email@example.com
. If you write your own letter, please include the information identified above.Are there timelines for filing a complaint?
Timelines are flexible, but a person with a complaint should try to report it within thirty (30) calendar days after an alleged discriminatory incident. If the complaint is filed directly with the SBA or OCR, it must be filed within 180 days of the alleged discriminatory action.How long will it take to have a complaint handled?
While the School will try to handle the complaint as expeditiously as possible, there can be unexpected or unforeseen circumstances that cause delay. Complaints involving a handicap/disability and request for accommodation will be promptly referred to a 504 team for handling. Those complaints that require an investigation will be completed within thirty (30) days of the complaint, if possible. Should more time be required, the Title IX and Section 504 Coordinator will notify the complainant.
Informal Complaint Process
This policy provides an individual the option of filing an informal complaint (verbally or in writing), which allows a fuller range of options in facilitating prompt resolution of an issue(s). It is the choice of the individual complaining whether to initially pursue an informal complaint procedure. The Title IX and Section 504 Coordinator, or his/her designee, shall explore an informal resolution with the complainant, which may involve providing advice to the complainant on how to handle the issue(s) or reviewing this policy with persons involved in the issue. If the matter involves the conduct of another person, an informal resolution could involve a meeting with the complainant and that person provided both individuals agreed. Resolution through this informal procedure will be promptly explored. At any time, the complainant may request to end the informal procedure to move to the formal complaint process.
Formal Complaint Process
An individual may file a formal complaint (verbally or in writing) under this policy. The complainant may use the SBA Complaint Form that the School can provide or should provide the following information: a statement of the complaint that identifies the issue, provides pertinent facts, identifies those involved, and states what remedy is sought. If the complainant does not provide a written statement, the Title IX and Section 504 Coordinator will prepare a statement for the complainant to review for accuracy after interviewing him/her.
The Title IX and Section 504 Coordinator, or his/her designee (“Investigator”) shall begin a formal investigation into a complaint. Should the complaint allege another person engaged in discriminatory, harassing, or retaliatory conduct (“respondent”), the Investigator shall notify him/her that a complaint was filed, provide a statement of the nature of the allegations, and provide a copy of this policy and any other applicable school policy. The Investigator shall interview the complainant and any respondent as well as witnesses reasonably believed to have relevant information. The Investigator shall also consider relevant documents submitted by any person interviewed. The respondent may submit a written response to the complaint within seven (7) calendar days of being notified of the complaint.
At the conclusion of the investigation, the Title IX and Section 504 Coordinator shall submit the written report of the investigator to the Head of School along with recommendations as to whether and how this policy was violated and a proposed remedy for the situation.
The Head of School (or his designee) shall review the Title IX and Section 504 Coordinator’s report and issue a final decision, or, remand the matter back to the Investigator for further investigation. If remanded, the specific areas or issues to be investigated further shall be identified. Once the investigation is complete to the satisfaction of the Head of School, he shall issue a final written decision as to whether and how this policy was violated as well as any remedial corrective action that will be taken to redress the matter and prevent further violations. Any corrective action must be age-appropriate and timely. The decision of the Head of School shall be final and shall be communicated to the complainant and respondent separately and simultaneously as directed by the Head of School.