Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex, including sexual harassment. An individual may use this grievance procedure to file a complaint alleging a violation of Title IX.
1. An individual may file a grievance with the Title IX Coordinator if the complainant believes there was discrimination. The complaint should be filed as soon as possible and preferably within 180 days after the alleged unlawful discriminatory practice. To file the complaint, the individual may make a verbal statement to the Title IX Coordinator or make a written statement, detailing the violation of the law. It is important that the complainant explain what he or she would like to result from the resolution of the complaint.
The complaint can be filed at:
Office of the Commissioner
NH Department of Education
101 Pleasant Street
Concord, NH 03301-3860
2. If the complaint involves an allegation of employee sexual harassment, the sexual harassment policy and procedures will be followed.
3. The Title IX Coordinator or designee will meet and interview the complainant within 15 days of the Coordinator receiving the complaint. The complainant may provide the Coordinator with the names of witnesses or other relevant information that will be included in the investigation.
4. The Title IX Coordinator or designee will then interview the individual accused of discrimination. The accused individual will have the opportunity to provide witnesses or other relevant information for the investigation.
The Title IX Coordinator or designee will strive to ensure the confidentiality of both parties to the degree possible and will stress that all people interviewed in the course of the investigation must maintain the confidentiality of the parties.
5. The Title IX Coordinator or designee will attempt to resolve the situation if it is within his or her authority to do so. Depending on the severity of the allegation, the Coordinator may take such action(s) prior to the conclusion of the investigation to ensure the safety and well being of the complaining party and any other persons that might be similarly situated.
6. The Title IX Coordinator or designee will complete a written report within 30 days of the submission of the complaint. The complainant will receive a copy of the report. The report will detail the facts and allegations made by the complainant. The report shall not be placed in the employee's personnel file.
7. The Title IX Coordinator or designee will make a recommendation that a violation of Title IX has or has not occurred based on the evidence gathered in the investigation. The investigator shall then disclose the report to the Commissioner of Education along with a recommendation for any, if warranted, corrective action and/or disciplinary action.
The recommendation shall be based on the severity of the offense which shall be determined according to the totality of the circumstances. The intensity, frequency, and duration of the prohibited conduct shall be considered by the investigator. Other factors may include the extent to which the misconduct, however minor, may serve to isolate, limit, intimidate or otherwise increase the difficulties of job performance or atmosphere in the workplace for the complainant.
8. Within 15 days of receiving the report and recommendations, the Commissioner may choose to follow the recommendation for any action or attempt to resolve the complaint.
9. The complainant may either accept the proposed recommendation(s) or decide whether or not to pursue other avenues available. If the complainant accepts the resolution and the recommendations are implemented, the complaint will be considered resolved. The Title IX Coordinator will follow up with the complaining party to ensure that no retaliation has occurred.
10. Retaliation of any kind against anyone who is involved in the investigation of or in making an allegation of discrimination is prohibited and may result in disciplinary action.
11. Appeal Process - If the complaint is not resolved satisfactorily following the procedures identified above, either the complainant or the party alleged to have discriminated may request, in writing, a reopening of the investigation. The written request shall state the reasons for requesting a reopening and shall be delivered to the Commissioner's office within seven business days of receiving the written decision. The Commissioner (or alternate appointed by the Title IX Coordinator if the complaint was filed against the Commissioner) shall decide whether or not to reopen the investigation and, within ten days of receiving the request to reopen the investigation, shall provide written notification of the determination to reopen or not to reopen to the complainant and to the party alleged to have discriminated. If the investigation is reopened, the Commissioner (or alternate) shall require the repetition, as appropriate, of the investigation procedures. The timeline prescribed by the investigation procedure shall apply to any reopening under the appeal process.
12. The complainant may also, or instead, file a complaint with the NH Commission for Human Rights, the Office for Civil Rights and/or the Equal Employment Opportunity Commission in Boston are listed below.
NH Commission for Human Rights
2 Chenell Drive
Concord, NH 03301-8501
U.S. Department of Education
Office for Civil Rights
33 Arch Street, Suite 900
Boston, MA 02110-1491
Fax (617) 289-0150
Equal Employment Opportunity Commission (EEOC)
John F. Kennedy Federal Building
475 Government Center
Boston, MA 02203
As part of general orientation, each recently hired employee shall be provided a copy of these procedures and shall be requested to read it and sign a statement acknowledging the procedures.