FORM O: SECTION 504/ADA GRIEVANCE / COMPLAINT PROCEDURE
The West Bloomfield School District will not discriminate against any person based on gender, sexual orientation, race, color, national origin, religion, height, weight, marital status, handicap, age, or disability. The District has adopted the following Grievance/Complaint Procedure for addressing complaints of discrimination under Section 504 of the Rehabilitation Act of 1973 and its implementing regulations (“Section 504”) and Title II of the Americans with Disabilities Education Act, as amended (“ADA”). The below procedures apply to complaints of disability discrimination (including harassment) raised against employees, students or third parties under Section 504 and the ADA. A person is not required to use this procedure. If, at any time, a person believes that he/she has been subjected to discrimination based upon his/her disability in violation of Section 504 or the ADA, the individual may file a complaint directly with the U.S. Department of Education’s Office for Civil Rights (“OCR”). The OCR can be reached at:U.S. Department of EducationOffice for Civil Rights1350 Euclid Avenue, Suite 325Cleveland, Ohio 44115(216) 522-4970 (phone)(216) 522-2573 (facsimile)OCR.Cleveland@ed.gov
Step 1: A person who believes that he/she has been discriminated against by the West Bloomfield School District is encouraged, but is not required, to discuss the matter informally with the immediate supervisor in the case of an employee, or the building principal, in the case of a student.
A. If it is the immediate supervisor or building principal who is the subject of the complaint, the employee or student may, instead, contact the applicable School District Section 504 Coordinator.
B. The person receiving the complaint shall verbally convey his/her findings to both the person who alleged the violation and the person who is the subject of the complaint within 10 business days.
Step 2: If the informal Step 1 process does not resolve the matter or the grievant does not wish to use the informal procedures set forth in Step 1, a written complaint may be submitted to the applicable School District Section 504 Coordinator.
A. If the Section 504 Coordinator is the subject of the complaint, the complaint should be submitted to the Superintendent who will appoint another administrator to conduct the investigation.
B. The written complaint shall be signed by the grievant and include the:
1) grievant’s name and contact information;
2) facts of the incident or action complained about;
3) date of the incident or action giving rise to the complaint;
4) type of discrimination alleged to have occurred; and
5) specific relief sought.
C. An investigation of the complaint shall be conducted within 10 business days following the submission of the written complaint. The investigation shall include an interview of the parties and witnesses, an opportunity for the parties to present witnesses and other evidence, a review of relevant evidence, and any other steps necessary to ensure a prompt and thorough investigation of the complaint.
D. The applicable Section 504 Coordinator shall issue a written disposition of the complaint within 10 business days of completion of the investigation, unless a specific written extension of time is provided to the parties. Copies of the written disposition will be given to both the grievant and the person who is the subject of the complaint.
E. If, after the investigation there is a finding of discrimination on the basis of disability, the Section 504 Coordinator will be responsible for carrying out any steps necessary to redress any discrimination found to have occurred and to prevent its recurrence, including steps to remedy its effects on the complainant and others, as appropriate.
Step 3: If either party wishes to appeal the decision of the Section 504 Coordinator, the party may submit a written appeal to the Superintendent of Schools within 10 business days after receipt of the Section 504 Coordinator’s reply. The Superintendent or his designee shall meet with all parties involved and respond to the complaint, in writing, within 10 business days of the date of the appeal. Copies shall be provided to both the complainant and the person who is the subject of the complaint.
Prohibition Against Retaliation
The West Bloomfield School District hereby provides assurance that it strictly prohibits District employees and/or others from intimidating, threatening, coercing or discriminating against any individual for the purpose of interfering with any right or privileged secured by Section 504 or the ADA or because an individual has made a complaint, testified, assisted or participated in any manner in an investigation, proceeding or hearing under those laws.
If you are a parent or student and have questions or concerns regarding these procedures or want to file a complaint, please contact:
Director of Student Support Services/Section 504 Coordinator
West Bloomfield School District
5810 Commerce Road
West Bloomfield, Michigan 48324
(248) 864-6470 (phone)
Inquiries or complaints by employees and applicants for employment should be directed to:Eric WhitneyAssistant Superintendent for Talent Development and ManagementWest Bloomfield School District
5810 Commerce Road
West Bloomfield, Michigan 48324
(248) 865-6426 (phone)