John Glenn School Corporation
Administrative Guidelines
 

4123B - SECTION 504/ADA - COMPLAINT PROCEDURES RELATED TO DISABILITY DISCRIMINATION IN EMPLOYMENT

If a person believes that s/he has been discriminated against on the basis of his/her disability, the person may utilize the following complaint procedures as a means of reaching, at the lowest possible administrative level, a prompt and equitable resolution of the matter.

In accordance with Section 504 of the Rehabilitation Act of 1973 and its implementing regulations ("Section 504"), employees will be notified of their right to file an internal complaint regarding an alleged violation, misinterpretation or misapplication of Section 504. In addition, employees will be notified of their right to file a complaint with the U.S. Department of Education's Office for Civil Rights.

The following person is designated as the Corporationís Section 504/ADA Compliance Officer ("Corporation's Compliance Officer(s)"):

 

Mr. Richard M. Reese, Superintendent

 
 

101 John Glenn Dr.

 
 

Walkerton, IN. 46574

 
 

(574) 586-3129

 
 

574-586-2660 (fax)

 
 

rreese@jgsc.k12.in.us

 

Internal complaints must be put in writing and must identify the specific circumstances or areas of dispute that have given rise to the complaint, and offer possible solutions to the dispute. The complaint must be filed with a Corporation Compliance Officer within the time limits specified below. The Corporation's Compliance Officer is available to assist individuals in filing a complaint.

Internal Complaint Procedure

The following internal complaint procedure is available to employees for the prompt and equitable resolution of complaints alleging discrimination based upon disability. This complaint procedure is not available to unsuccessful applicants. Use of the internal complaint procedure is not a prerequisite to the pursuit of other remedies, including the filing of a complaint with the U.S. Department of Education's Office for Civil Rights.

 

A.

An employee with a complaint based on alleged discrimination on the basis of disability may first discuss the problem with the Corporation Compliance Officer.

 
 

B.

If the informal discussion does not resolve the matter, or if the employee skips Step A, the individual may file a formal written complaint with the Corporation Compliance Officer. The written complaint must contain the name and address of the individual or representative filing the complaint, be signed by the complainant or someone authorized to sign for the complainant, describe the alleged discriminatory action in sufficient detail to inform the Corporation Compliance Officer of the nature and date of the alleged violation, and propose a resolution. The complaint must be filed within thirty (30) calendar days of the circumstances or event giving rise to the complaint, unless the time for filing is extended by the Corporation Compliance Officer for good cause.

 
 

C.

The Corporation Compliance Officer will conduct an independent investigation of the matter (which may or may not include a hearing). This complaint procedure contemplates informal, but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to present witnesses and other evidence relevant to the complaint. The Corporation Compliance Officer will provide the complainant with a written disposition of the complaint within ten (10) workdays. If no decision is rendered within ten (10) workdays, or the decision is unsatisfactory in the opinion of the complainant, the employee may file, in writing, an appeal with the Superintendent. The Corporation Compliance Officer shall maintain the Corporationís files and records relating to the complaint.

 

D.

The Superintendent will, within ten (10) workdays of receiving the written appeal, conduct a hearing with all parties involved in an attempt to resolve the complaint.

 
 

The Superintendent will render his/her decision within ten (10) workdays of the hearing.

 
 

E.

The employee may be represented, at his/her own cost, at any of the above-described meetings/hearings.

 
 

F.

The right of a person to a prompt and equitable resolution of the complaint shall not be impaired by the personís pursuit of other remedies such as the filing of a complaint with the Office for Civil Rights or the filing of a court case in the appropriate Federal District Court. Use of this internal complaint procedure is not a prerequisite to the pursuit of other remedies.

OCR Complaint

At any time, if an employee believes that s/he has been subjected to discrimination based upon his/her disability in violation of Section 504 or the Americans with Disabilities Act, as amended ("ADA"), the individual may file a complaint with the U.S. Department of Education's Office for Civil Rights ("OCR"). The OCR can be reached at:

 

U.S. Department of Education

 
 

Office for Civil Rights

 
 

Citigroup Center, 500 W. Madison Street, Suite 1475

 
 

Chicago, IL 60661

 
 

312-730-1560

 
 

Fax: 312-730-1576

 
 

TDD: 877-521-2172

 
 

E-mail: OCR.Chicago@ed.gov

 
 

Web: http://www.ed.gov/ocr

 

Prohibition Against Retaliation

The School Board will not discriminate against, coerce, intimidate, threaten or interfere with any individual because the person opposed any act or practice made unlawful by Section 504 or the ADA, or because that individual made a charge, testified, assisted or participated in any manner in an investigation, proceeding, or hearing under Section 504 or the ADA, or because that individual exercised, enjoyed, aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by Section 504 or the ADA.

Approved 5/1/12

© Neola 2011