Gender Title IX
Parents and patrons with concerns related to gender or Title IX should contact the executive director of elementary education or the executive director of secondary education at (208) 468-4601, ext. 1080, or the director of Human Resources at (208) 468-4601, ext. 1045.
NONDISCRIMINATION COMPLAINT PROCEDURES
The deadline for filing a complaint is one year from the date of the alleged violation. However, that filing deadline may not be imposed if the complainant was prevented from filing due to: 1) Specific misrepresentations by the district that it had resolved the problem that forms the basis of the complaint; or 2) Withholding of information that the district was required to provide.
The primary purpose of this regulation is to secure an equitable solution to a justifiable complaint. To this end, the following steps shall be taken:
PROCESS FOR RESOLUTION
Anyone with an allegation of discrimination may request an informal meeting with the school principal, unless the principal is the alleged respondent, in which case the complainant shall move to Level One – Formal Review to resolve their concerns. Such a meeting will be at the option of the complainant. If unable to resolve the issue at this meeting, the complainant may submit a written complaint to the compliance officer.
Level One – Formal Review
A complaint must be written and signed by the complainant and it must set forth the specific acts, conditions or circumstances alleged to be in violation. The complaint must then be submitted to the compliance officer. For elementary students, the compliance officer is the Executive Director of Elementary Education, and for secondary students it is the Executive Director of Secondary Education. Both can be reached at (208) 468-4601 Ext. 1080. Upon receipt of a complaint, the compliance officer will investigate the allegations set forth within thirty (30) calendar days. The school district and complainant may agree to resolve the complaint in lieu of an investigation.
The compliance officer will provide the superintendent with a full written report of the complaint and the results of the investigation. The superintendent will respond in writing to the complainant and respondent as expeditiously as possible, but no later than thirty (30) calendar days following receipt of the written complaint. The response of the superintendent will include notice of the complainant’s or respondent’s right to appeal to the Board of Directors, and will identify where and to whom the appeal must be filed.
The superintendent’s written response will state that the district will either deny the allegations contained in the written complaint received by the district or implement reasonable corrective measures to eliminate any such act, condition or circumstance within the school district.
Such corrective measures deemed necessary will be instituted as expeditiously as possible, but no later than thirty (30) calendar days following the superintendentʹs mailing of a written response to the respondent and the complaining party, unless otherwise agreed to by the complainant.
Level Two – Appeal to the Board of Trustees
If a complainant or respondent disagrees with the superintendent’s written decision, or if the superintendent fails to respond, the complainant or respondent may appeal to the district Board of Trustees by filing a written notice of appeal with the secretary of the Board by the tenth (10th) calendar day following:
- The date upon which the complainant and respondent received the superintendentʹs response, or
- The expiration of the 30-calendar-day response period stated in Level One, whichever occurs first.
The Board will schedule a hearing to commence by the twentieth (20th) calendar day following the filing of the written notice of appeal, unless otherwise agreed to by the complainant, the respondent and the superintendent or for good cause.
Both parties will be allowed to present such witnesses and testimony as the Board deems relevant and material. The Board will render a written decision by the (10th) tenth calendar day following the termination of the hearing and will provide a copy by certified mail or documented delivery to the complainant and respondent, unless otherwise agreed to by the complainant, the respondent and the superintendent or for just cause.
The response of the Board will include notice of the complainant’s or respondent’s right to appeal to the superintendent of the Idaho State Department of Education and will identify where and to whom the appeal must be filed.
Level Three – Appeal to the Superintendent of the Idaho State Department of Education
If a complainant or respondent disagrees with the decision of the Board of Trustees in connection with any matter that, if established, would constitute a violation, the complainant may appeal the Boardʹs decision to the superintendent of the Idaho State Department of Education.
The notice of appeal must be received by the superintendent of the State Department of Education on or before the twentieth (20th) day following the date upon which the complainant and respondent received written notice of the Board of Trusteesʹ decision.
The notice of appeal must be in writing in the form required by the superintendent of the Idaho State Department of Education and must set forth:
- A concise statement of the original complaint and the portions of the Board of Trustee’s decision that is appealed; and
- The relief requested by the complainant or respondent.
Level Four – Administrative Hearing
A complainant or school district that desires to appeal the written decision of the superintendent of the Idaho State Department of Education (SDE) must file a written notice of appeal with SDE within thirty (30) calendar days following the date of receipt of SDE’s written decision. In response to the request for an appeal, SDE will conduct a formal administrative hearing in conformance with the Administrative Procedures Act.
At any time during the discrimination complaint procedure set forth, the district may, at its own expense, offer mediation. The complainant and the district must agree to extend the discrimination complaint process deadlines in order to pursue mediation.
The purpose of mediation is to provide both the complainant and the district with an opportunity to resolve disputes and reach a mutually acceptable agreement through the use of an impartial mediator. Use of the mediation process is voluntary and requires the mutual agreement of both parties. Mediation may be terminated by either party at any time during the mediation process. Mediation may not be used to deny or delay a complainant’s right to utilize the discrimination complaint procedures.
Mediation must be conducted by a qualified and impartial mediator who may not: (a) Be an employee of any school district mediating the complaint; or (b) Have a personal or professional conflict of interest. A mediator is not considered an employee of the district solely by serving as mediator.
If the parties reach agreement through mediation, they must execute a legally binding agreement that sets forth the resolution and states that all discussions that occurred during the course of mediation will remain confidential and may not be used as evidence in any subsequent complaint, due process hearing or civil proceeding. The agreement must be signed by the complainant and a district representative who has authority to bind the district.
District Compliance Officers
Executive Director of Secondary Education
(208) 468-4601 Ext. 1080
Executive Director of Elementary Education
(208) 468-4601 Ext. 1080
Director of Human Resources
(208) 468-4601, ext. 1045
Superintendent of the Idaho State Department of Education
email@example.com (208) 332-6800
Idaho Commission on Human Rights
317 W. Main St., Boise, ID 83735
firstname.lastname@example.org (208) 334-287