Decision and Appeal. Within five school business days after receiving the Complaint Manager’s report, the Superintendent shall mail his or her written decision to the Complainant and the accused by first class U.S. mail as well as to the Complaint Manager. All decisions shall be based upon the preponderance of evidence standard. Within 10 school business days after receiving the Superintendent’s decision, the Complainant or the accused may appeal the decision to the Board by making a written request to the Complaint Manager. The Complaint Manager shall promptly forward all materials relative to the complaint and appeal to the Board. Within 30 school business days, the Board shall affirm, reverse, or amend the Superintendent’s decision or direct the Superintendent to gather additional information. Within five school business days after the Board’s decision, the Superintendent shall inform the Complainant and the accused of the Board’s action. For complaints containing allegations involving the Superintendent or Board member(s), within 30 school business days after receiving the Complaint Manager’s or outside investigator’s report, the Board shall mail its written decision to the Complainant and the accused by first class U.S. mail as well as to the Complaint Manager. This policy shall not be construed to create an independent right to a hearing before the Superintendent or Board. The failure to strictly follow the timelines in this grievance procedure shall not prejudice any party.
Decision and Appeal. Within five school business days after receiving the Investigator's report for a more serious infraction, the Superintendent (or the Board, if the complaint contains allegations involving the Superintendent or one or more Board members) will mail a written determination to the Complainant and the Respondent registered mail, return receipt requested, and/or personal delivery as well as to the Complaint Manager. All decisions will be based upon the preponderance of evidence (more likely than not) standard. Within 10 school business days after receiving the Superintendent’s (or Board's) decision, the Complainant or the Respondent may appeal the decision to the Board of Education by making a written request to the Nondiscrimination Coordinator or Complaint Manager. Upon receipt of an appeal, the Nondiscrimination Coordinator, Complaint Manager, or designee, shall promptly forward materials relevant to the complaint to the Board . Within 30 school business days after receipt of an appeal of the Superintendent's (or Board's) decision, the Board or a designee will affirm, reverse, or amend the Superintendent’s (or Board's) decision or direct the Superintendent (or Board) to reopen the investigation process for gathering additional information. If the investigation is reopened, a new Investigator report, Superintendent written determination, and opportunity to appeal will be provided. Within five school business days after the Board’s appeal decision, the Board or a designee, will mail its written appeal decision to the Complainant and the Respondent by registered mail, return receipt requested, and/or personal delivery with a copy to the Investigator. For matters involving controversies arising under Illinois school law, the parties may have rights to appeal the School Board's decision to the Regional Superintendent pursuant to Section 3-10 of The School Code and, thereafter, to the State Superintendent pursuant to Section 2-3.8 of The School Code. This policy will not be construed to create an independent right to a hearing before the Superintendent or Board. The failure to strictly follow the procedures and other timelines in this grievance procedure does not automatically prejudice a party or impact the outcome of the process..
Decision and Appeal. Within five school business days after receiving the Complaint Manager’s report, the Superintendent shall mail his or her written decision to the Complainant and the accused by registered mail, return receipt requested, and/or personal delivery as well as to the Complaint Manager. All decisions shall be based upon the preponderance of evidence standard. Within 10 school business days after receiving the Superintendent’s decision, the Complainant or the accused may appeal the decision to the Board of Education by making a written request to the Complaint Manager. The Complaint Manager shall promptly forward all materials relative to the complaint and appeal to the Board of Education. Within 30 school business days after an appeal of the Superintendent’s decision, the Board shall affirm, reverse, or amend the Superintendent’s decision or direct the Superintendent to gather additional information. Within five school business days after the Board’s decision, the Superintendent shall inform the Complainant and the accused of the Board’s action. For complaints containing allegations involving the Superintendent or Board member(s), within 30 school business days after receiving the Complaint Manager’s or outside investigator’s report, the Board shall mail its written decision to the Complainant and the accused by registered mail, return receipt requested, and/or personal delivery as well as to the Complaint Manager.This policy shall not be construed to create an independent right to a hearing before the Superintendent or Board. The failure to strictly follow the timelines in this grievance procedure shall not prejudice any party.
Decision and Appeal. If an adverse decision is rendered by the Assistant Chief Engineer, the Consultant shall submit the claim or dispute in writing to the Chief Engineer within 60 days from the date of the decision the Assistant Chief Engineer. The decision of the Chief Engineer shall be final and conclusive unless, within 60 calendar days from the date of receipt of the Chief Engineer’s decision, the Consultant files a claim with the Arkansas State Claims Commission (“Claims Commission”) appealing the decision of the Chief Engineer. The Consultant will be afforded an opportunity to be heard and offer evidence in support of its appeal before the Claims Commission, subject to the rules and regulations of the Claims Commission, including Ark. Code Xxx. § 19-10- 302, which requires pursuit and exhaustion of all remedies against responsible third parties and insurance coverage.
Decision and Appeal. Within five school business days after receiving the Complaint Manager's report, the Director shall mail his or her written decision to the Complainant and the accused by first class U.S. mail as well as to the Complaint Manager. All decisions shall be based upon the preponderance of evidence standard. Within 10 school business days after receiving the Director's decision, the Complainant or the accused may appeal the decision to the Board by making a written request to the Complaint Manager. The Complaint Manager shall promptly forward all materials relative to the complaint and appeal to the
Decision and Appeal. Within five school business days after receiving the Nondiscrimination Coordinator's report, the Superintendent shall mail his or her written decision to the Complainant and the accused by first class U.S. mail as well as to the Nondiscrimination Coordinator. All decisions shall be based upon the preponderance of evidence standard. Within 10 school business days after receiving the Superintendent's decision, the Complainant or the accused may appeal the decision to the Board by making a written request to the Nondiscrimination Coordinator. The Nondiscrimination Coordinator shall promptly forward all materials relative to the complaint and appeal to the Board. Within 30 school business days, the Board shall affirm, reverse, or amend the Superintendent's decision or direct the Superintendent to gather additional information. Within five school business days of the Board's decision, the Superintendent shall inform the Complainant and the accused of the Board's action. This policy shall not be construed to create an independent right to a hearing before the Superintendent or Board. The failure to strictly follow the timelines in this grievance procedure shall not prejudice any party. LEGAL REF.:Age Discrimination in Employment Act, 29 U.S.C. §621 et seq. Americans With Disabilities Act, 42 U.S.C. §12101 et seq. Equal Employment Opportunities Act (Title VII of the Civil Rights Act), 42 U.S.C. §2000e et seq. Equal Pay Act, 29 U.S.C. §206(d). Genetic Information Nondiscrimination Act, 42 U.S.C. §2000ff et seq. Immigration Reform and Control Act, 8 U.S.C. §1324a et seq. XxXxxxxx-Xxxxx Homeless Assistance Act, 42 U.S.C. §11431 et seq. Rehabilitation Act of 1973, 29 U.S.C. §791 et seq. Title VI of the Civil Rights Act, 42 U.S.C. §2000d et seq. Title IX of the Education Amendments, 20 U.S.C. §1681 et seq. 105 ILCS 5/2-3.8, 5/3-10, 5/10-20.7a, 5/10-22.5, 5/22-19, 5/24-4, 5/27-1, 5/27-23.7, and 45/1-15. Illinois Genetic Information Privacy Act, 410 ILCS 513/. Illinois Whistleblower Act, 740 ILCS 174/. Illinois Human Rights Act, 775 ILCS 5/. Victims' Economic Security and Safety Act, 820 ILCS 180/, 56 Ill.Admin.Code Part 280. Equal Pay Act of 2003, 820 ILCS 112/. Employee Credit Privacy Act, 820 ILCS 70/. 23 Ill.Admin.Code §§1.240 and 200-40. CROSS REF.:5:10 (Equal Employment Opportunity and Minority Recruitment), 5:20 (Workplace Harassment Prohibited), 5:30 (Hiring Process and Criteria), 6:120 (Education of Children with Disabilities), 6:140 (Education of Homeless Chil...
Decision and Appeal. The decision of the arbitrator(s) will be a reasoned decision reduced to writing and will be binding on all parties. The right of each party to arbitrate, and any other agreement or consent to arbitrate, will be specifically enforceable in any court having jurisdiction. The award rendered by the arbitrator(s) will be final and judgment may be entered upon it in any court having jurisdiction thereof, and will not be subject to modification or appeal except to the extent permitted by Title 9 of the United States Code (the “Federal Arbitration Act”). The award of the arbitrator(s) may include an assessment of reasonable attorney’s fees and expenses if, in the opinion of the arbitrator(s), a party has advanced a position that is without a reasonable basis in law or fact. Unless otherwise determined by the arbitrator(s), the administrative costs of the arbitration, including payment of the arbitrator, will be borne equally by the parties to the Dispute.
Decision and Appeal. Within five school business days after receiving the Complaint Manager’s report, the Superintendent shall mail his or her written decision to the Complainant and the accused byfirst class U.S. mail as well as to the Complaint Manager. All decisions shall be based upon the preponderance of evidence standard Within 10 school business days after receiving the Superintendent’s decision, the Complainant or the accused mayappeal the decision to the Board of Education bymaking a written request to the Complaint Manager. The Complaint Manager shall promptlyforward all materials relative to the complaint and appeal to the Board of Education. Within 30 school business days, the Board shall affirm, reverse, or amend the Superintendent’s decision or direct the Superintendent to gather additional information. Within five school business days of the Board’s decision, the Superintendent shall inform the Complainant and the accused of the Board’s action. For complaints containing allegations involving the Superintendent or Board member(s), within 30 school business days after receiving the Complaint Manager’s or outside investigator’s report, the Board shall mail its written decision to the Complainant and the accused byfirst class U.S. mail as well as to the Complaint Manager.
Decision and Appeal. The decision of the arbitrator will be a reasoned decision reduced to writing and will be binding on all parties. The right of any party to arbitrate, and any other agreement or consent to arbitrate, will be specifically enforceable in any court having jurisdiction. The award rendered by the arbitrator will be final and judgment may be entered upon it in any court having jurisdiction thereof, and will not be subject to modification or appeal except to the extent permitted the Federal Arbitration Act. The arbitrator may not award punitive damages. The arbitrator will be authorized to award the substantially prevailing party in any arbitration to an award of attorneys' fees and other Losses (including all costs of arbitration), which will be paid by the substantially non-prevailing party.
