School Board of the City of Virginia Beach
Grievance Procedure for Complaints of Discrimination or Harassment based Race, Color, Religion, National Origin, Sex, Sexual Orientation/Gender Identity, Pregnancy, Childbirth or Related Medical Conditions, Age, Marital Status, Disability, Genetic Information or Veteran Status
School Board employees who are not subject to Regulation 4-3 Procedures for Adjusting Grievances may seek resolutions of grievances resulting from alleged discrimination or harassment on the basis of race, color, religion, national origin, sex, sexual orientation/gender identity, pregnancy, childbirth or related medical conditions, age, marital status, disability, genetic information or veteran status in accordance with this Regulation. Employees who are subject to Regulation 4-3 shall proceed with the grievance procedures outlined therein for Part II.
Nothing in this Regulation precludes the complainant from seeking other legal remedies including filing complaints with other agencies or pursuing civil or criminal remedies. The right of a person to a prompt and equitable resolution of the complaint filed herein shall not be impaired by the person's pursuit of other remedies such as the filing of the complaint other appropriate federal, state, or local agencies or the filing of a lawsuit in state or federal court. Use of this procedure is not a prerequisite to the pursuit of other remedies.
Persons who use this procedure for good faith complaints will not be retaliated against by the School Board or School Division staff. The School Board directs that appropriate action be taken against any person who retaliates against another person for reporting alleged discrimination or participating in related proceedings. Persons who knowingly file false discrimination complaints and any person who gives false statements or evidence in a related proceeding shall be subject to discipline or other appropriate action.
The Coordinator shall maintain the files and records of the School Board relating to the complaints filed pursuant to this Regulation for a period of three years after the resolution or as otherwise required by applicable law or regulation. All documentation submitted or collected pursuant to this Regulation will be held in the strictest of confidence and kept separate from personnel records. Documentation and reports from medical exams will be used solely to assist the School Division in making an informed decision about the employee's request for an accommodation.
Americans with Disabilities Act of 1990, 42 U.S.C. §12101, et seq., as amended.
Title IX of the Education Amendments of 1972, 20 U.S.C. §§1681-88, as amended.
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794, 34 C.F.R. Section 104.7 (a) and (b), as amended.
Virginia Human Rights Act, Virginia Code § 2.2-3900, as amended.
Pregnancy Discrimination Act of 1978, P.L. 95-555, 92 Stat: 2076, as amended.
Equal Pay Act of 1963, 29 U.S.C. §201, et seq., as amended.
Civil Rights Act of 1964 (Title VII), P.L. 88-352, as amended.
Age Discrimination in Employment Act of 1976, P.L. 90-202, 42 U.S.C. §621, et seq., as amended.
Approved by Superintendent: January 18, 1994
Revised by Superintendent: August 30, 2005
Revised by Superintendent: July 24, 2015