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Lexington Public Schools does not discriminate in admission to,
access to, treatment in, or employment in its services, programs
and activities, on the basis of race, color or national origin,
in accordance with Title VI of the Civil Rights Act of 1964
(Title VI); on the basis of sex, in accordance with Title IX
of the Education Amendments of 1972; on the basis of disability,
in accordance with Section 504 of the Rehabilitation Act of
1973 (Section 504) and Title II of the Americans with Disabilities
Act of 1990 (ADA); or on the basis of age, in accordance with
the Age Discrimination Act of 1974 (Age Discrimination Act),
or on the basis of sexual orientation or religion in accordance
with Mass. Gen. Laws chs. 71 and 151B.
I. WHERE TO FILE A COMPLAINT
Any student or employee who believes that the Lexington Public
Schools has discriminated against or harassed her/him because
of her/his race, color, national origin, sex, disability, sexual
orientation, or age in admission to, access to, treatment in,
or employment in its services, programs, and activities may
file a complaint with the Assistant Superintendent of Human
Resources. If the Assistant Superintendent of Human Resources
is the person who is alleged to have caused the discrimination
or harassment, the complaint may be filed with the Assistant
Superintendent of Business and Finance, or the Deputy Superintendent.
These individuals are listed below and are hereinafter referred
to as "Grievance Administrators."
Robert J. Harris
Assistant Superintendent of Human Resources
telephone (781) 861-2580
Mary Ellen Dunn
Assistant Superintendent for Finance and Operations
telephone (781) 861-2580
Lynne Celli Sarasin, Ph D.,
Deputy Superintendent for Curriculum, Instruction and Professional
Development
telephone (781) 861-2580
Lexington Public Schools
146 Maple Street
Lexington, Massachusetts 02420
COMPLAINTS OF HARASSMENT BY PEERS: In the event the complaint
consists of a student’s allegation that another student is harassing
him/her based upon the above-referenced classifications, the
student may, in the alternative, file the complaint with one
of the complaint managers who have been designated in each school
(hereinafter referred to as "Building Complaint "). The name
of the Building Complaint Manager(s) is generally posted on
the bulletin board in each school and may, in any event, be
obtained from the office of the building principal.
COMPLAINTS OR OR CONCERNS ABOUT WHETHER THE DISTRICT IS FOLLOWING
SPECIAL EDUCATION REQUIREMENTS: A person who alleges discrimination
on the basis of disability relative to the identification, evaluation
or educational placement of a student who, because of an identified
disability or suspected disability, is believed to need specialized
instruction or related services pursuant to Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities
Act of 1990, the Individuals with Disabilities Education Act
of 2004 and/or Massachusetts Special Education Laws and Regulations
is encouraged to attempt to resolve the matter with local school
district officials, in accordance with the procedures outlined
in Sections II - IV. If they prefer, or are not satisfied with
the local Grievance Procedure outcome, they may contact the
Massachusetts Department of Education at:
Program Quality Assurance Services
Problem Resolution System
Massachusetts Department of Education
350 Main Street
Malden, MA 02148
Tel: 781-338-3700
A copy of the Massachusetts Department of Education's Parents'
Rights Brochure, which provides information about the complaint
resolution process, is available from:
Linda Chase, Director of Student Services, K-12
Student Services Office, School Administrative Building
146 Maple Street
Lexington, Massachusetts 02420
Tel: 781-891-2580
A person with a complaint involving discrimination on the basis
of a disability, not related to special education identification,
evaluation or educational placement, may either use the Grievance
Procedure as described or may file a complaint with the United
States Department of Education at the address provided at the
end of the Grievance Procedure
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II. CONTENTS OF COMPLAINTS AND TIME LINES
FOR FILING
Complaints under this Grievance Procedure must be filed within
30 school days of the alleged discrimination. The complaint
must be in writing. The Grievance Administrator, Building Complaint
Manager, or any person of the grievant’s choosing may assist
the grievant with filing the complaint. The written complaint
must include the following information:
- The name and school (or address and telephone number
if not a student or employee) of the grievant.
- The name (and address and telephone number if not a
student or employee) of the grievant’s representative, if
any.
- The name of the person(s) alleged to have caused the
discrimination or harassment (respondent).
- A description, in as much detail as possible, of the
alleged discrimination or harassment.
- The date(s) of the alleged discrimination or harassment.
- The name of all persons who have knowledge about the
alleged discrimination or harassment (witnesses), as can
be reasonably determined.
- A description,in as much detail as possible, of how
the grievant wants the complaint to be resolved.
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III. INVESTIGATION AND RESOLUTION OF THE
COMPLAINT
Respondents will be informed of the charges as soon as the Grievance
Administrator or Building Complaint Manager deems appropriate
based upon the nature of the allegations, the investigation
required, and the action contemplated.
The Grievance Administrator or Building Complaint Manager will
interview witnesses whom s/he deems necessary and appropriate
to determine the facts relevant to the complaint, and will gather
other relevant information. Such interviews and gathering of
information will be completed within fifteen (15)school days
of receiving the complaint.
Within twenty (20) school days of receiving the complaint, the
Grievance Administrator or Building Complaint Manager will meet
the grievant and/or her/his representative to review the information
gathered and, if applicable, to propose a resolution designed
to stop the discrimination or harassment and to correct its
effect. Within ten (10) school days of the meeting with the
grievant and/or representative, the Grievance Administrator
or Building Complaint Manager will provide written disposition
of the complaint to the grievant and/or representative and to
the respondent(s).
Notwithstanding the above, it is understood that in the event
a resolution contemplated by the Lexington Public Schools involves
disciplinary action against an employee or a student, the complainant
will not be informed of such disciplinary action unless it directly
involves the complainant (i.e., a directive to "stay away" from
the complainant, as might occur as a result of a complaint or
harassment.)
Any disciplinary action imposed upon an employee or student is
subject to applicable procedural requirements.
All the time lines specified above will be implemented as specified,
unless the nature of the investigation or exigent circumstances
prevent such implementation, in which case, the matter will
be completed as quickly as practicable. If the timelines specified
above are not met, the reason(s) for not meeting them must be
clearly documented. In addition, it should be noted that in
the event the respondent is subject to a collective bargaining
agreement which sets forth a specific time line for notice and/or
investigation of a complaint, such time lines will be followed.
Confidentiality of grievants/respondents and witnesses will be
maintained, to the extent consistent with the Lexington Public
Schools’ obligations relating to investigation of complaints
and the due process rights of individuals affected.
Retaliation against someone because he/she has filed a complaint
under this Grievance Procedure is strictly prohibited. Acts
of retaliation may result in disciplinary action, up to and
including suspension or expulsion/discharge.
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IV. APPEALS
If the grievant is not satisfied with a disposition by a Building
Complaint Manager, the grievant/representative may appeal the
disposition to one of the Grievance Administrators, identified
in Section I above. If the grievant is not satisfied with a
disposition by a Grievance Administrator, the grievant may appeal
to the Interim Superintendent, as follows:
Paul B. Ash, Ph D., Superintendent
telephone (781) 861-2580
Lexington Public Schools
146 Maple Street
Lexington, Massachusetts 02420
The Grievance Administrator/Superintendent will issue a written
response on the appeal to the grievant within ten (10) school
days of receiving the appeal.
Generally, a grievant may file a complaint with the U.S. Department
of Education, Office for Civil Rights, JW McCormack POCH, Boston,
Massachusetts 02109-4557, telephone (617)223-9662, TTY (617)223-9695
as follows:
- within 180 calendar days of alleged discrimination or
harassment, or
- within 60 calendar days of receiving notice of Lexington
Public School’s final disposition on a complaint filed through
Lexington Public Schools, or
- within 60 calendar days of receiving a final decision
by the Massachusetts Department of Education, Bureau of
Special Education Appeals, or
- instead of filing a complaint within Lexington Public
Schools.
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Contents
-Where to file a complaint
-Complaints of harassment by peers
-Complaints of discrimination
based upon disability
-Contents of complaints and time
lines for filing
-Investigation and resolution
of the complaint
-Appeals
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