Definitions

1. Discrimination Complaint: A written complaint alleging any policy, procedure or practice which discriminates on the basis of race, color, sex, pregnancy, gender, gender expression or identity, national origin, religion, disability, veteran status, sexual orientation, age, or genetic information in its programs, services, activities and employment.

2. Grievant: Any person enrolled in NTC or employed by NTC who submits a complaint alleging discrimination based on sex (including sexual harassment), race, color, pregnancy, gender, gender expression or identity, national origin, religion, disability, veteran status, sexual orientation, age, or genetic information in its programs, services, activities and employment. Sexual harassment is a prohibited type of sexual discrimination under Title IX for which a grievance under this policy can be filed with the Title IX Coordinator. For purposes of any complaint alleging a violation of Section 504, in addition to those identified as possible grievants in this paragraph, members of the public may also be potential grievants. For purposes of this policy, a parent’s complaint or grievance shall be handled in the same manner as a student’s complaint.

3. Title IX, ADA, Title VII and 504 Coordinator(s): The person(s) designated to coordinate efforts to comply with and carry out responsibilities under Title IX of the Education Amendments of 1972, the Americans with Disabilities Act of 1990 and the ADA Amendments Act of 2008, Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973 and any other state and federal laws addressing equal educational opportunity. The Coordinator under Title IX, ADA, Title VII and 504 is responsible for processing complaints and serves as moderator and recorder during hearings. The Coordinator of each statutory scheme may be the same person or different persons. The Board of Education designates the Title IX/504 Coordinator.

4. Respondent: The person alleged to be responsible for the violation contained in a complaint. The term may be used to designate persons with responsibility for a particular action or those persons with supervisory responsibility for procedures and policies in those areas covered in the complaint.

5. Day: Day means a working day when NTC’s main administrative offices are open. The calculation of days in complaint processing shall exclude Saturdays, Sundays and legal holidays.

Pre-Filing Procedures

Prior to the filing of a written complaint, the student or employee is encouraged to visit with the applicable Coordinator, and reasonable effort should be made to resolve the problem or complaint.

Filing and Processing Discrimination Complaints

1. Grievant: Submits written complaint to the applicable Coordinator, stating name, nature and date of alleged violation; names of persons responsible (where known) and requested action. If the applicable Coordinator is the person alleged to have committed the discriminatory act(s), then the complaint should be submitted to the president of the Board of Education for assignment. Complaints must be submitted within 10 days of alleged violation. A Complaint form is available from the Superintendent’s office.

2. Applicable Coordinator or Board President: Conducts an investigation within 10 days to the extent reasonably possible, which would include, but not be limited to, interviewing the complainant, any witnesses, review of any supporting documents and interviewing the respondent; and asks respondent to:

   1. Confirm or deny facts;

   2. Indicate acceptance or rejection of student or employee's requested action;

   3. Outline alternatives; or

   4. Other action as may be indicated by the specifics of the Complaint.

3. Respondent: Submits a written answer within 10 days to the applicable Coordinator.

4. Applicable Coordinator: Within 5 days after receiving respondent's answer, applicable Coordinator schedules a hearing.

5. Grievant, Respondent and Applicable Coordinator: Hearing is conducted. In circumstances involving allegations of sexual harassment, the applicable Coordinator may determine that it is appropriate and reasonable to separate the individual who is allegedly being sexually harassed from the alleged harasser in the hearing.

6. Applicable Coordinator: Issues within 5 days after the hearing a written decision to the Grievant and Respondent.

7. Grievant or Respondent: If the Grievant or Respondent is not satisfied with the decision, he or she must notify the applicable Coordinator within 5 days and request, in writing, a hearing with NTC’s Superintendent. This step is applicable only to situations in which a Coordinator other than the Superintendent conducted the initial hearing.

8. Superintendent: Schedules within 10 days of request a hearing with the Grievant and Respondent

9. Superintendent, Grievant and Respondent: Hearing is conducted.

10. Superintendent: Issues a written decision within 5 days following the hearing.

11. Grievant or Respondent: If the Grievant or Respondent is not satisfied with the decision, they must notify the Superintendent, in writing, within 5 days and request a hearing before the Board of Education.

12. Superintendent: Notifies the Board of Education, in writing, within 5 days after receiving a request. Superintendent schedules hearings with the Board of Education. The hearing is to be conducted within 30 days from the date of the Superintendent’s notification to the Board of Education.

13. Board, Grievant, Respondent, Superintendent and Applicable Coordinator: Hearing is conducted. Board issues a final decision at the hearing regarding the validity of the grievance and any action to be taken.

General Provisions

1. Extension of time: Any time limits set by these procedures may be extended by mutual consent of the parties involved. The total number of days from date that complaint is filed until complaint is resolved shall be no more than 120 days.

2. Access to Regulations: Upon request, NTC shall provide copies of any policies or rules prohibiting discrimination on the basis of race, color, national origin, religion, sex, age, disability or veteran status.

3. Confidentiality of Records: Complaint records will remain confidential, to the extent allowed by law, unless permission is given by the parties involved to release such information. All complaint records will be kept separate from any other records of NTC. No complaint record shall be entered in any personnel file unless adverse employment action is taken against an employee. Complaint records shall be maintained on file for 4 years after complaint resolution.

4. Representation: The Grievant and the Respondent may have a representative assist them through the grievance process and accompany them to any hearing.

5. Retaliation: No reprisals or retaliation will be allowed to occur as the result of the good faith reporting of a discrimination complaint. In the event an individual believes he or she has been retaliated against as a result of the exercise of rights protected by the Acts identified in I(C) of this policy – the individual may utilize this grievance procedure to pursue their claim of retaliation.

6. Basis of Decision: At each step in the grievance procedure, the decision maker will take or recommend the taking of appropriate measures based on the facts, as revealed by the investigation and hearing, taken as a whole, and the totality of the circumstances, such as the nature, extent, context and gravity of the activities or incidents.

7. Section 504 Due Process Procedures: For information concerning due process procedures under Section 504, the Grievant should contact the Superintendent.

Amended on February 23, 1995
Amended on December 1, 2008
Amended on October 14, 2009
Amended September 14, 2020