VIII. Addressing Complaints of Non-Compliance with Title IX

Director of Special Educa on of his/her decision. If the Superintendent determines that the District failed to comply with the Act, she/he will determine the appropriate remedy which may include, but is not limited to, the remedy proposed by the grievant. 6. The Director of Special Educa on and Support Services shall send wri en no fi ca on of the Superintendent’s decision to the grievant by cer fi ed mail within two work days of receipt 7. The grievant may fi le a complaint with a court of competent jurisdic on, or with the Offi ce of Civil Rights at the following address:

Offi ce of Civil Rights U.S. Department of Health and Human Service 150 S. Independence Mall West Suite 372 Philadelphia PA, 19106-9111

Ques ons about this regula on should be addressed to the Offi ce of the Superintendent at 1311 Brandywine Boulevard, Wilmington, DE 19809 or (302) 793-5002.

APPENDIX VIII

ADDRESSING COMPLAINTS OF NON-COMPLIANCE WITH TITLE IX OF THE EDUCATION AMENDMENTS ACT

STATEMENT OF PURPOSE:

To establish an administra ve process to address a complaint that the District has failed to comply with the requirements of the Title IX of the Educa on Amendments Act (“the Act”).

REGULATION

A. DEFINITIONS

1. “Grievant” as used in this Regula on shall mean a parent of a student, a student age 18 years or older, or an employee of the District who believes that the District has discriminated against a student or group of students because of gender in the educa on programs or ac vi es of the District in viola on of the requirements of the Act. 2. “Superintendent” as used in this Regula on shall mean the Superintendent of the Brandywine School District or his/her designee. 3. “Controversy” as used in this Regula on means an allega on that the District failed to comply with the requirements of the Act, whether inten onal or uninten onal.

B. PROCEDURE

1. A grievant who believes that the District has failed to comply with the requirements of the Act must fi le a wri en complaint with the Director of Human Resources within seven (7) business days a er the grievant knew

or should have known of the controversy. The wri en complaint must include: a. the nature of the controversy b. the name of the administrator responsible for the loca on where the controversy arose. c. a empts by the grievant to address the controversy prior to fi ling the complaint. d. a proposed remedy for the controversy. The grievant may use the COMPLAINT OF NON-COMPLIANCE WITH TITLE IX OF THE EDUCATION AMENDMENTS ACT form located at District Offi ces and on the District’s website. 2. Within two work days, the Director of Human Resources shall no fy the Superintendent of the complaint. 3. The Director of Human Resources or his/her designee shall inves gate the allega ons in the wri en complaint and present a wri en report of fi ndings and recommenda ons to the Superintendent within 20 work days of receipt. The grievant shall be no fi ed that the wri en report has been provided to the Superintendent for review. 4. Within ten work days of receipt, the Superintendent shall determine if the District failed to comply with the Act and will provide wri en no fi ca on to the Director of Educa onal Services of his/her decision. If the Superintendent determines that the District failed to comply with the Act, she/he will determine the appropriate remedy which may include, but is not limited to, the remedy proposed by the grievant. 5. The Director of Human Resources shall send wri en no fi ca on of the Superintendent’s decision, by cer fi ed mail, to the grievant within two work days of receipt 6. If the grievant is not sa sfi ed with the Superintendent’s decision, the grievant may fi le a wri en response to the decision with the Superintendent, within fi ve days of receipt of the wri en decision. The Superintendent shall forward: • a copy of the wri en decision; • the grievant’ s response to the wri en decision; and • the inves ga on report, to the Board for review and discussion in the next appropriate Execu ve Session of the Board. If the grievant fails to mely file a wri en response to the Superintendent’s decision, the Superintendent’s decision shall be fi nal. 7. The grievant may request an audience with the Board during the Execu ve Session in which the Board is discussing his/her appeal. 8. Within fi ve work days of the Board’s decision, the Superintendent, shall send the grievant a wri en copy the Board’s decision. The Board’s decision shall be fi nal.

Ques ons about this regula on should be addressed to the Offi ce of the Superintendent at 1311 Brandywine Boulevard, Wilmington, DE 19809 or (302) 793-5002.