Grievance Procedure

Title IX Coordinator: Michael White, Operations Manager – mwhite@k12.com

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Procedures

Any Community Member who believes that he/she has been subjected to discrimination prohibited by Title IX, or that the School has failed to meet its Title IX obligations, may bring the concern to the attention of the School Title IX Coordinator. While the School Title IX Coordinator welcomes an informal presentation of such allegations, and is available to address concerns through counseling, advice, and informal resolution, the School Title IX Coordinator is fully prepared to receive and address such allegations through formal grievance procedures. The School Title IX Coordinator has the authority to investigate allegations of discrimination prohibited by Title IX even absent the filing of a formal grievance, or its subsequent withdrawal. In addition, the School Title IX Coordinator may proceed with investigating a formal or informal grievance even if a complainant specifically requests that the matter not be pursued. In such a circumstance, the School Title IX Coordinator will take all reasonable steps to investigate and respond to the matter in a manner which is informed by the complainant’s articulated concerns. In most circumstances, the School Title IX Coordinator will coordinate his/her activities with other School offices charged with responsibilities for student, faculty and staff conduct and discipline and for enforcing the School’s policies and procedures generally.

Informal Resolution

In many instances, counseling, advice, or informal discussion may be useful in resolving concerns about allegations of discrimination prohibited by Title IX. Complainants who wish to resolve their concerns informally should bring them to the attention of the School Title IX Coordinator. In working to resolve the matter, the School Title IX Coordinator ordinarily will interview the complainant and, as appropriate, others who may have knowledge of the facts underlying the grievance. At any point, including while the informal process is ongoing or afterward, the complainant may elect to end the informal process in favor of filing a formal grievance. 

Grievance Procedures for Formal (i.e. Written) Grievances

Complainants who are considering bringing a formal grievance may at any time meet with the School Title IX Coordinator, who will discuss the matter and describe the formal grievance process. Alternatively, a complainant may choose to submit a written grievance to the School Title IX Coordinator.

  1. A formal grievance process is initiated when a complainant submits a written statement alleging discrimination prohibited by Title IX to the School Title IX Coordinator. In the statement, the complainant is encouraged to request any relief sought from the School. Prompt submission of formal grievances is encouraged.
  2. The School Title IX Coordinator will consider the written grievance, and may dismiss the grievance without further process or review if the School Title IX Coordinator determines that the grievance on its face is frivolous, not credible, clearly without merit, or outside the scope of these grievance procedures. 
  3. If the grievance is not dismissed, the School Title IX Coordinator will interview the individual who submitted the written statement. Depending on the circumstances, the School Title IX Coordinator also may interview others with relevant knowledge, review documentary materials, and take any other appropriate action to gather and consider information relevant to the grievance.  
  4. The School Title IX Coordinator will determine whether the complainant was excluded from participation in, denied the benefits of, or subjected to discrimination on the basis of sex under any School program or activity, using a preponderance of the evidence standard. The School Title IX Coordinator will consult with other School offices as necessary in reaching a decision regarding the written grievance. The School Title IX Coordinator will prepare a written report setting forth findings, conclusions, and actions to be taken, if any, and will determine with whom to share the report. 
  5. Following such review, the School’s Title IX Coordinator will, as necessary, take appropriate action to ensure that the School comes into compliance with Title IX in a manner which is prompt and equitable to the complainant. For example, the School Title IX Coordinator may assure that appropriate changes to school events, academic programs or other conditions are implemented. While the action taken by the Title IX Coordinator may impact third parties, such action is not intended to be punitive (or constitute disciplinary penalty) with respect to these third parties. 
  6. The decision of the School Title IX Coordinator is the final resolution of the grievance at the school level.
  7. If the decision of Cyber Academy of SC does not resolve the issue, families may contact:

    i) The SC Public Charter School district, for questions pertaining to Section 504 and Title IX, contact the Assistant Superintendent of Academic Services, at 3710 Landmark Drive, Suite 201, Columbia, SC 29204, 803/734-8322

    ii) The Office of Civil Rights (OCR) Telephone: 800-421-3481 FAX: 202-453-6012; TDD: 800-877-8339 Email: OCR@ed.gov

  8. While the time it may take to investigate and resolve a Title IX grievance will depend on a variety of factors, including the nature and scope of the allegations, the School Title IX Coordinator will seek to resolve the grievance within 45 working days of receipt of the grievance. Throughout the process, the School Title IX Coordinator will, as appropriate, keep the participants informed of the status of the grievance process. 

Title IX Formal Complaint Form

Policy Review Date: 8/30/2016 by Michael White