Title IX

  • Title IX of the Education Amendments Act of 1972
    prohibits discrimination on the basis of sex in any federally funded education program or activity carried out by the Scottsbluff Public Schools.  If you have a question concerning Title IX or any of the district programs, please contact:

    Title IX Coordinator:
    Name: Mrs. Wendy Kemling-Horner, Executive Director of Student Services  
    Office Address: 1722 1st Ave, Scottsbluff, NE  69361     
    Office Phone Number: 308-635-6200         

    Or

    Name: Mr. Rick Myles, Superintendent
    Office Address: 1722 1st Ave, Scottsbluff, NE  69361     
    Office Phone Number: 308-635-6200         

     

    Title IX

    Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681 et seq., and its implementing regulations, 34 C.F.R. Part 106, prohibit discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance. Sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX. More information about Title IX can be found on the United States Department of Labor website at:

    http://www.dol.gov/oasam/regs/statutes/titleix.htm.

     

    Notification of Grievance Procedures

    Any person shall have the right to file a formal complaint alleging a violation of Section 10 of these policies and regulation or a violation of federal laws prohibiting discrimination on the basis of race, color, or national origin (Title VII and Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972), disability (Section 504 of the Rehabilitation Act of 1973), (the Americans with Disabilities Act of 1990, and the Individuals with Disabilities in Education Act), age (Age Discrimination in Employment Act) sexual orientation, citizenship status, or economic status, sex-based harassment (including gender-based harassment) or any other applicable federal or Nebraska anti-discrimination statute. Unless the policies and regulation of the school district otherwise specifically provide procedures for grievances regarding such alleged discrimination, the following procedures shall apply:

    1. Level One: Principal or Immediate Supervisor (Informal and Optional C may be bypassed by the grievant.) a. Employees - Employees with complaint may first discuss it with their principal or immediate supervisor, with the object of resolving the matter informally. b. Student/Parents – A student or parent with a complaint may discuss the matter with the teacher, counselor, or building administrator involved. c. Applicants for Employment – Applicants for employment with a complaint may discuss the matter with the administrator who makes the hiring decision for the position applied for. d. Other Persons – Other persons with a complaint may discuss the matter with the person who makes the decision they are concerned about.
    2. Level Two: Antidiscrimination Compliance Officer If the grievance is not resolved at Level One and the individual still wishes to pursue the grievance, he/she may formalize it by filing a complaint in writing with the designated nondiscrimination compliance officer, Mrs. Wendy Kemling, Director of Student Services, 1722 1st Ave., Scottsbluff, NE 69361 at (308) 635-6200. The complaint shall state the nature of the grievance and the remedy requested. The filing of the formal written complaint must occur within 20 working days from the date of the event giving rise to the grievance or from the date the grievant could reasonably have become aware of such event or the grievance will be denied. The grievant may request that a meeting concerning the complaint be held with the compliance officer. A student may be accompanied at the meeting by a parent or guardian. The compliance officer shall investigate the complaint and attempt to resolve it. A written report from the compliance officer regarding the action taken will be made to the grievant within ten working days after final submission of the complaint for decision.
    3. Level Three: Superintendent If the complaint is not resolved at Level Two and the individual still wishes to pursue the grievance, he/she may file an appeal in writing to the superintendent of schools within ten working days after receipt of the compliance officer’s written report. The grievant may request a meeting with the superintendent or his/her designee. The superintendent shall make a written decision within ten working days after final submission of the appeal for decision. In addition to the above requirements:
    • Administration will refer complaints to law enforcement authorities where appropriate;
    • The district will follow the procedures regardless of whether the alleged harassment is also being investigated by another agency, including law enforcement agency, unless particular procedural steps would directly impede an investigation;
    • The district will utilize a preponderance of the evidence to evaluate sex-based harassment (including gender-based harassment) complaints (i.e., whether it is more likely than not that sex-based harassment occurred);
    • All persons involved in conducting investigations have training or experience in handling complaints of sex-based harassment and in the applicable district policies and procedures; and
    • The district will upon making a determination that harassment has occurred, determine the remedial action necessary to address and resolve an incident. The procedure will include examples of the corrective action that may be appropriate, including: the provision of resources, including the provision of counseling to students who have been subjected to harassment and counseling to the harasser as a means to prevent recurrence of future harassment, discipline, strategies to protect the individual subject to the harassment and witnesses from retaliation, other steps to address any impact on the individual harassed, witnesses and the broader student body, and any other necessary steps reasonably calculated to prevent future occurrences of harassment.

    Scottsbluff Public Schools does not discriminate on the basis of sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation, or physical, mental or emotional disability in its educational programs or in its employment practices. Any student or employee of School District who believes he/she has been discriminated against, denied a benefit, or excluded from participation in any district educational program or activity on the basis of these categories noted above may file a complaint and/or grievance according to approved procedures.