2006 - Complaint Procedure

Good communication helps to resolve many misunderstandings and disagreements. This complaint procedure applies to board members, patrons, students, and ESU staff, unless the staff member is subject to a different grievance procedure pursuant to policy or contract. Individuals who have a complaint should discuss their concerns with appropriate ESU personnel in an effort to resolve problems. When such efforts do not resolve matters satisfactorily, including matter involving discrimination on the basis of race, color, national origin, sex, marital status, disability, or age, a complaint should follow the procedures set forth below. Student and employees who believe they have been subjected to sex harassment in violation of Title IX should refer to the board's policy titled "Title IX."

A preponderance of the evidence will be required to discipline a party of accused of misconduct. This means the investigator must conclude that it is more likely than not that misconduct occurred.

Complaint and Appeal Process

The first step is for the complainant to speak directly to the person(s) with whom the complainant has a concern. For example, a parent who is unhappy with a program teacher should initially discuss the matter with the teacher. However, the complainant should skip the first step if the complainant believes speaking directly to the person would subject complainant to discrimination or harassment.
The second step is for the complainant to speak to the program administrator, Title IX/504 coordinator, ESU administrator, or president of the board, as set forth below.
1. Complaints about the operation, decisions, or personnel within a program should be submitted to the program administrator.
2. Complaints about the operations of the program or a program administrator should be submitted in writing to the ESU administrator.
3. Complaints about the ESU administrator should be submitted in writing to the president of the board.
4. Complaints involving discrimination or harassment on the basis of race, color, national origin, sex, marital status, disability, or age may also be submitted, at any time during the complaint procedure to the ESU's Title IX/504 coordinator. Complaints involving discrimination or harassment may also be submitted at any time to the Office of Civil Rights, U.S. Department of Education; by email at OCR.KansasCity@ed.gov; by telephone at (816) 268-0550; or by fax at (816) 268-0599.
When a complainant submits a complaint to a program administrator or to the Title IX/504 coordinator, the program administrator or Title IX/504 coordinator shall promptly and thoroughly investigate the complaint, and shall:
1. Determine whether the complainant has discussed the matter with the staff member involved.
  1. If the complainant has not, the program administrator or Title IX/504 coordinator will urge the complainant to discuss the matter directly with the staff member, if appropriate.
  2. If the complainant refuses to discuss the matter with the staff member, the program administrator or Title IX/504 coordinator shall, in his or her sole discretion, determine whether the complainant should be pursued further.
2. Strongly encourage the complainant to reduce his or her concerns to writing.
3. Interview the complainant to determine:
  1. All relevant details of the complaint;
  2. All witnesses and documents which the complainant believes support the complaint;
  3. The action or solution which the complainant seeks.
4. Respond to the complainant. If the complainant involved discrimination or harassment, the response shall be in writing and shall be submitted within 180 calendar days after the program administrator or Title IX/504 coordinator received the complaint.
If either the complainant or the accused party is not satisfied with the program administrator's or the Title IX/504 coordinator's decision regarding a complaint he or she may appeal the decision to the ESU administrator.
1. This appeal must be in writing.
2. This appeal must be received by the ESU administrator no later than ten (10) calendar days from the date of the program administrator or Title IX/504 coordinator communicated his/her decision to the complainant.
3. The ESU administrator will investigate as he or she deems appropriate. However, all matters involving discrimination or harassment shall be promptly and thoroughly investigated.
4. Upon completion of this investigation, the ESU administrator will inform the complainant in writing of his or her decision. If the complaint involved discrimination or harassment, the ESU administrator shall submit the decision within 180 calendar days after the ESU administrator received complainant's written appeal.
If ether the complainant or the accused party is not satisfied with the ESU administrator's decision regarding a complaint he or she may appeal the decision to the board.
1. This appeal must be in writing.
2. This appeal must be received by the board president no later than ten (10) calendar days from the date the ESU administrator communicated his/her decision to the complainant.
3. This policy allows, but does not require the board to receive statements from interested parties and witnesses relevant to the complaint appeal. However, all matters involving discrimination or harassment shall be promptly and thoroughly investigated.
4. The board will notify the complainant in writing of its decision. If the complaint involved discrimination or harassment, the board shall submit its decision within 180 calendar days after it received complainant's written appeal.
5. There is no appeal from a decision of the board.
When a formal complaint about the ESU administrator has been filed with the president of the board, the president or his or her designee shall promptly and thoroughly investigate the complaint, and shall:
1. Determine whether the complainant has discussed the matter with the ESU administrator.
  1. If the complainant has not, the board president or designee will urge the complainant to discuss the matter directly with the ESU administrator, if appropriate.
  2. If the complainant refuses to discuss the matter with the ESU administrator, the board president shall, in his or her sole discretion, determine whether the complaint should be pursued further.
2. Strongly encourage the complainant to reduce his or her concerns to writing.
3. Determine, in his or her sole discretion, whether to place the matter on the board agenda for consideration at a regular or special meeting.
4. Respond to the complainant. If the complaint involved discrimination or harassment, the response shall be in writing and shall be submitted within 180 calendar days after the president received the complaint.

No Retaliation. The ESU prohibits retaliation against any person for filing a complaint or for participating in the complaint procedure in good faith.

Special Rules Regarding Educational Services and Related Services to Students with Disabilities. Students with disabilities and their families have specific rights outlined in state and federal law, including administrative processes by which they may challenge the educational services being provided by the ESU. Therefore, the appeal process contained in this policy may not be used to challenge decisions made by a student’s individualized education plan (IEP) team or 504 team.

Complaints about the educational services provided a student with a disability, including but not limited to services provided to a student with an IEP, access to curricular and extracurricular activities, and educational placement must be submitted to the ESU’s Director of Special Education. The Director of Special Education will address the complaint in a manner that he/she deems appropriate and will provide the complainant with a copy of the Notice of IDEA Parental Rights promulgated by the Nebraska Department of Education.

Complaints about the educational services provided a student with a disability pursuant to a Section 504 plan must be submitted to the ESU’s 504 Coordinator. The 504 Coordinator will address the complaint in a manner that he/she deems appropriate and will provide the complainant with a copy of the Notice of Section 504 Parental Rights adopted by the board of education.

Complaints about the educational services provided to a student who is suspected of having a disability must be submitted in writing to the ESU’s Director of Special Education or to the ESU’s 504 Coordinator. The Director of Special Education or 504 Coordinator will either refer the student for possible verification as a student with a disability or will provide prior written notice of the ESU’s refusal to do so.

Bad Faith or Serial Findings. The purpose of the complaint procedure is to resolve complaints at the lowest level possible within the chain of command. Individuals who file complaints (a) without a good faith intention to attempt to resolve the issues raised; (b) for the purpose of adding administrative burden; (c) at a volume unreasonable to expect satisfactory resolution; or (d) for purposes inconsistent with the efficient operations of the ESU may be dismissed by the ESU administrator without providing final resolution other than noting the dismissal. There is no appeal from dismissals made pursuant to this section.

Adopted on: January 8, 2017
Revised on: Aug. 12, 2019
Revised on: Oct. 14, 2019
Revised on: Aug. 10, 2020
Reviewed on: Sept. 18, 2019
Reviewed on: March 8, 2021

2006: Complaint Procedure