DISCRIMINATION COMPLAINT PROCEDURE
The following procedure shall be utilized in the Benton Harbor Area Schools for any complaint or allegation of unlawful discrimination under federal or state law and regulations.  This procedure shall apply to complaints or allegations raised by Board members, employees, students, volunteers or contractors against any Board member, employee, student, volunteer or contractor.

1. This complaint procedure shall be utilized for allegations of discrimination based upon the following:

1. Title VI of the Education Amendments of 1972, which prohibits race and national origin discrimination in an educational institution receiving federal financial assistance.

2. Title VII of the Civil Rights Act of 1964, which prohibits discrimination based upon sex, race, national origin and religion in employment.

3. Title IX of the Education Amendments of 1972, which prohibits discrimination based upon sex in an educational institution receiving federal financial assistance.

4. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination based upon disability.

5. Americans with Disabilities Act, which prohibits discrimination based upon disability.

6. Age discrimination in Employment Act, which prohibits discrimination based upon age.

7. Michigan Persons with Disabilities Civil Rights Act, which prohibits discrimination based upon disability. 

8. Michigan Elliott-Larsen Civil Rights Act, which prohibits discrimination based upon sex, race, religion, marital status, height, weight, age and national origin.

This procedure shall also apply to allegations of sexual misconduct or other forms of sexual harassment in violation of Board Policy File No:  GAFA and JGEB.

2. A student , employee, Board member, volunteer, or contractor ("complainant") who believes that they have been subjected to discrimination as specified above should promptly notify the building principal, guidance counselor, or Assistant Superintendent for Human Resources/Labor Relations whose office is located at 777-B Riverview Drive and whose office phone number is 605-1000.  Complainants are encouraged to report any conduct, statements, or physical contact which they believe to be discriminatory.

1. If a complainant has concerns regarding the nature of any conduct, statements, or physical contact by any District employee, Board member, volunteer, contractor, or student, such concerns should be reported to one of the persons identified above and should be discussed with the complainant's parent or guardian if the complainant is a student.

2. Under no circumstance is the complainant required to notify the alleged offender.

3. Complaints of discrimination shall be promptly and thoroughly investigated by the District.  Complaints of discrimination will be treated as confidentially as possible, recognizing the potential need to:

1. Notify the alleged perpetrator of the facts relative to the claimed violation;

2. Notify the parent or guardian of the student, if the student is a minor;

3. Make reports required by law, including but not limited to, reports required under the Michigan Child Protection Law;

4. Protect the privacy of others, including witnesses, as well as the alleged offender during the investigation; and

5. Comply with state and federal law, any relevant collective bargaining agreement, or contract.

4. The District will conduct a fair, thorough, impartial, and timely investigation of the allegation (s) presented in a complaint.  The investigation will consider the nature of the alleged activity and the context in which the alleged activity occurred.

The Assistant Superintendent for Human Resources/Labor Relations will typically confer with the parties involved, as well as any named or possible witnesses.  Efforts shall be made to complete the investigation within 30 calendar days of the complaint being filed.  The Assistant Superintendent for Human Resources/Labor Relations shall be responsible to ensure that the investigation is conducted fairly, promptly, and thoroughly.

5. A person shall not coerce, intimidate, discriminate, or retaliate against any person filing a complaint and/or assisting in the investigation of a complaint.  Such misconduct may result in discipline.  A complainant who knowingly files a false complaint, or an individual who knowingly provides or knows false information has been provided during such investigation or review and fails to report such information to the Assistant Superintendent for Human Resources/Labor Relations, shall be subject to discipline. 

6. All investigations of complaints shall be concluded with written findings, regardless of whether a complaint is factually substantiated.  Such findings shall be maintained in a separate confidential file.  The complainant, (parent or guardian, if a minor) and the person against whom the complaint is made shall, upon request, be allowed an opportunity to review the content of the report consistent with applicable law (including FERPA).

7. The Assistant Superintendent for Human Resources/Labor Relations shall be responsible for drafting the findings and forwarding such information to the Superintendent.   If the Superintendent is alleged to have engaged in discriminatory conduct, the findings shall be reported to the Board President.

8. If the Superintendent (or designee) determines that the complaint is valid, prompt action designed to stop the discriminatory conduct and to prevent its recurrence shall be taken.  The Superintendent (or designee) may take such disciplinary and/or remedial action as is consistent with this board policy, administrative regulations, and any relevant collective bargaining agreements, or employment contracts.  The District considers discriminatory conduct, including harassment, to be a major offense which can result in disciplinary action.  Depending upon the nature of the discriminatory conduct, the Superintendent (or designee) may attempt to seek a resolution acceptable to the complainant and the individual against whom the complaint was filed.  This resolution shall not limit the District's discretion to take action it deems appropriate.

9. School personnel receiving or processing complaints of alleged sexual harassment by school employees or volunteers which complaints maintain that a student has been the victim of sexual abuse, contact, penetration or of sexual exploitation shall immediately report such complaint to the Child Protective Services in accordance with Board Policy File No. JGEB.

10.  All involved parties including the complainant, the individual against whom the complaint was filed, and witnesses shall be notified of the involved parties' rights to confidentiality of investigations and disciplinary action.

Dissemination and Distribution of Procedure
This procedure shall also be annually distributed to all employees, volunteers, and contractors of the District, as well as to any labor organizations representing District employees.

Inquiries regarding this procedure shall be directed to:

Office of the Superintendent
777-B Riverview Drive
P.O. Box 1107
Benton Harbor, MI 49023-1107
Phone  (269) 605-1000

Any inquiries or complaints regarding the obligations of the District under Titles VI and IX of the Education Amendments of 1972 and Section 504 of the Rehabilitation Act may also be forwarded to the Assistant Secretary for Civil Rights of the United States Department of Education at:

 Assistant Secretary for Civil Rights
Department of Education
5000 Mary E. Switzer Bldg.
330 C Street, SW
Washington, DC  20202