Non-Discrimination and Grievance Policy 1730/4022/7231

Purpose

ENCSD wants to create a fair and respectful workplace.  We believe all employees should feel heard and be treated fairly.  ENCSD prohibits discrimination based on disability and provides accessible grievance procedures per the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.

Definitions

• Disability: Physical or mental impairment substantially limiting major life activities
• Reasonable Accommodation: Workplace modifications enabling disabled employees to perform essential job functions.
• Grievance: Formal complaint about employment conditions, discrimination, or policy violations
• Non-Retaliation: Protection against adverse actions for filing good-faith complaints
• Confidentiality: Limited information sharing during investigations

I.  This Policy Covers

This policy applies to all ENCSD employees:

• Permanent (full-time or part-time)
• Probationary/temporary
• Contracted (if covered by ENCSD terms)

This policy does not cover students or parents/guardians. They have different ways to share concerns.

II. What You Can Report

You may file a grievance about:

• Disability discrimination
• Denial of reasonable accommodations
• Harassment/bullying (ENCSD Policy 1710/4021/7230)
• Unsafe working conditions
• Violations of ADA/Section 504

III. Grievance Process

Step 1 - Informal Resolution

• Discuss concern with your supervisor within 15 working days of the incident.
• Your supervisor must document discussion and attempt resolution

Step 2 - Formal Written Grievance

• Submit to HR within 10 working days if unresolved
• Include the following in your written grievance:
  • Nature of discrimination
  • Requested accommodation (if applicable)
  • Relevant Evidence

Step 3 – HR Investigation

• HR schedules a meeting within 5 working days
  • ADA Accommodation Available: Request interpreter
• Confidential investigation completed within 30 days
• Written decision provided within 10 days post-investigation

Step 4 – Appeal

• File written appeal to Superintendent within 10 days of decision
• Final ruling within 15 working days

IV. Critical Protections

Non-Retaliation Clause – No employee shall face retaliation for good-faith grievance participation.  Violators will be subject to disciplinary action under ENCSD policy 1760/7280.

Confidentiality – All proceedings will be kept confidential except as required by law or operational necessity.

Accessibility – Communication accommodations will be provided to you throughout the process upon request.

V. Supervisor Responsibilities

1. Document all disability accommodation requests
2. Ensure immediate HR referral for discrimination complaints
3. Enforce non-retaliation compliance

VI. Recordkeeping

• Grievance records are retained per:
  • NC Department of Natural and Cultural Resources
  • OSHR Policy 1
  • ADA documentation requirements

Legal References

• Americans with Disabilities Act (42 U.S.C. § 12101)
• Section 504, Rehabilitation Act (29 U.S.C. § 794)
• NC General Statutes § 168A (Persons with Disabilities Protection Act)
• OSHR Policy 1 (Equal Employment Opportunity)

Title IX Grievance Form

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) is a federal law that prohibits discrimination based on the gender of students and employees of educational institutions which receive federal financial assistance.  UCA Board Policy No. 426, Title IX Sexual Harassment, prohibits sexual discrimination in the form of sexual harassment, sexual assault, stalking, domestic violence, dating violence, and unauthorized distribution of sexual images or recordings. 

This form complies with US Department of Education requirements, but it is not the only way in which an individual may submit a formal complaint.  The formal complaint must be in writing, and signed by the Complainant, but can be in any form.  If there is a procedural deficiency with any formal complaint form, the Title IX Coordinator will notify the Complainant of the deficiency and allow the correction of the formal complaint prior to filing.  

When this form has been completed and signed by you, and then signed by the Title IX Coordinator, your complaint has been properly received and noted by ENCSD. The Title IX Coordinator will provide you with a copy of this form as well as complete information about the Title IX complaint process.

Overview of the Title IX Grievance Process

1. Filing a Formal Complaint
   • Any student, employee, or applicant who believes they have experienced sexual harassment or sex-based discrimination may file a formal complaint.
   • The complaint must be submitted in writing (using the attached form or in another written format) to the Title IX Coordinator, either in person, by mail, or by email.
   • A parent/guardian may file on behalf of a minor student.
   • The Title IX Coordinator may also sign a formal complaint if necessary to protect the school community.
2. Notice of Allegations
   • Upon receipt of a formal complaint, both the complainant and respondent will receive written notice of:
     • The allegations (including the identities of the parties, the conduct alleged, and the date/location of the incident)
     • The grievance process and their rights (including the right to an advisor)
     • The presumption of non-responsibility until the process concludes
     • The opportunity to review and respond to evidence.
3. Investigation
   • An impartial investigator will conduct a thorough investigation, including interviews and evidence collection.
   • Both parties may present evidence and identify witnesses.
   • Both parties will have equal opportunity to inspect and review all evidence directly related to the complaint before the investigation concludes.
4. Review of Investigation Report
   • Both parties receive a draft investigation report and have at least 10 business days to review and respond in writing.
5. Live Hearing (if required)
   • ENCSD will conduct a live hearing for student or employee cases, where each party’s advisor may cross-examine the other party and witnesses.  A parent/legal guardian may attend with the student.  Interpreters will be made available for all parties involved in the investigation as required by the ADA.
   • The decision-maker will not rely on statements from any party or witness who does not submit to cross-examination.
6. Determination of Responsibility
   • After the hearing, the decision-maker issues a written determination regarding responsibility, including findings of fact, conclusions, rationale, and any disciplinary sanctions or remedies.
   • Both parties receive the written determination.
7. Appeal
   • Either party may appeal the determination or dismissal of a complaint on specific grounds (procedural irregularity, new evidence, or conflict of interest).
   • Appeals must be submitted in writing within five business days of receiving the determination.
8. Final Resolution
   • The appeal decision is final. Both parties are notified in writing of the outcome.
9. Recordkeeping
   • ENCSD will maintain records of each complaint, investigation, hearing, determination, appeal, and any supportive measures for at least seven years, as required by law.

Title IX Grievance Form

Instructions:
Complete and submit this form to the ENCSD Title IX Coordinator in person, by mail, or by email. 

Cheryl Iannucci – ENCSD Superintendent

Telephone number: 252-206-7342

Email: cheryl.iannucci@encsd.k12.nc.us

Address: Eastern North Carolina School for the Deaf

1311 US-301S

Wilson, NC 27893

A parent/guardian may file on behalf of a minor.
(Alternatively, a written statement containing the same information may be submitted.)

My current status at Eastern North Carolina School for the Deaf:

☐ Student      ☐ Staff Member       ☐ Other

Type of Title IX Sexual Harassment:

☐ Sexual Harassment         ☐ Sexual Assault     ☐ Domestic Violence

☐ Stalking     ☐ Unauthorized Distribution of Sexual Images or Recordings

☐ Other: