Complaint process and investigation procedures for violations

Miss. Code Ann. § 37-191-13, under DEI Statements and Policies.

Miss. Code Ann. § 37-191-13

(1) Within ninety (90) days of April 17, 2025, the Board of Trustees of State Institutions of Higher Learning shall adopt a complaint process, investigative procedures, and all other policies and procedures for appropriately investigating violations of this chapter.

(2) (a) Within ninety (90) days of April 17, 2025, the Mississippi Community College Board, the State Board of Education in conjunction with Mississippi School Board Association and the Mississippi Charter School Authorizer Board shall adopt a model complaint process, investigative procedures and all other policies and procedures for appropriately investigating violations of this chapter.(b) Within ninety (90) days of adoption of model rules, every local school board, governing board of a charter school, and board of trustees for junior and community colleges shall adopt policies and procedures for appropriately investigating violations of this chapter. The State Board of Education, as the governing board for state-operated schools, shall adopt such rules for these schools.

(a) Within ninety (90) days of April 17, 2025, the Mississippi Community College Board, the State Board of Education in conjunction with Mississippi School Board Association and the Mississippi Charter School Authorizer Board shall adopt a model complaint process, investigative procedures and all other policies and procedures for appropriately investigating violations of this chapter.

(b) Within ninety (90) days of adoption of model rules, every local school board, governing board of a charter school, and board of trustees for junior and community colleges shall adopt policies and procedures for appropriately investigating violations of this chapter. The State Board of Education, as the governing board for state-operated schools, shall adopt such rules for these schools.

(3) Any employee, faculty, staff or contractor, or student who desires to assert a violation of this chapter shall file a formal complaint within thirty (30) days of the alleged violation with:(a) The local school board of the school district in which the violation occurred;(b) The governing board of the charter school in which the violation occurred;(c) The State Board of Education for all state-operated schools;(d) The board of trustees for the Community College in which the violation occurred; or(e) The board of trustees of the state institutions of higher learning for any state institution of higher learning under its jurisdiction.

(a) The local school board of the school district in which the violation occurred;

(b) The governing board of the charter school in which the violation occurred;

(c) The State Board of Education for all state-operated schools;

(d) The board of trustees for the Community College in which the violation occurred; or

(e) The board of trustees of the state institutions of higher learning for any state institution of higher learning under its jurisdiction.

(4) Any person under eighteen (18) years of age may bring an action under this chapter through a parent, guardian or next friend and may bring an action in his or her own name upon reaching the age of eighteen (18) years.

(5) A person filing a complaint with any board is limited to any student enrolled at an institution, college or public school, any faculty, employee or staff member of an institution, college or public school, any contractor of an institution, college or public school, or any parent, guardian or next friend of a minor student who has allegedly been harmed by the institution, college or public school’s failure to comply with this chapter.

(6) (a) The respective board shall investigate the reported violation or potential violation under the board’s procedures as established in this chapter and make a finding within thirty (30) days. If the board does not find a violation of this chapter, they shall issue a formal final finding. Such board shall report that finding to the person making the complaint and to the institution, college, or public school that is the subject of the investigation.(b) If the board finds a violation of this chapter, the public school or post-secondary institution shall have twenty-five (25) days to cure all actions relating to the violation. The respective board shall issue a formal final finding to the complainant detailing found violation and the curative response within twenty-five (25) days of the formal notice. Should the error remain uncured beyond the twenty-five (25) day curative period, the aggrieved party may file an application for injunctive relief to compel the board to cure the error.

(a) The respective board shall investigate the reported violation or potential violation under the board’s procedures as established in this chapter and make a finding within thirty (30) days. If the board does not find a violation of this chapter, they shall issue a formal final finding. Such board shall report that finding to the person making the complaint and to the institution, college, or public school that is the subject of the investigation.

(b) If the board finds a violation of this chapter, the public school or post-secondary institution shall have twenty-five (25) days to cure all actions relating to the violation. The respective board shall issue a formal final finding to the complainant detailing found violation and the curative response within twenty-five (25) days of the formal notice. Should the error remain uncured beyond the twenty-five (25) day curative period, the aggrieved party may file an application for injunctive relief to compel the board to cure the error.

(7) (a) Anyone aggrieved by a formal final finding of the governing board is entitled to judicial review thereof, as hereinafter provided.(b) An appeal de novo may be filed by an aggrieved party in the chancery court of the judicial district in which the institution, college, public school or charter school is located, by filing a complaint with the clerk of that court within thirty (30) days of the receipt of the formal final finding of the board.(c) The scope of review of the chancery court in such cases shall determine if a violation of this chapter has occurred.(d) The appropriate chancery court may award relief in the form of an injunction and/or actual damages.(e) Any party aggrieved by action of the chancery court may appeal to the Supreme Court in the manner provided by law.

(a) Anyone aggrieved by a formal final finding of the governing board is entitled to judicial review thereof, as hereinafter provided.

(b) An appeal de novo may be filed by an aggrieved party in the chancery court of the judicial district in which the institution, college, public school or charter school is located, by filing a complaint with the clerk of that court within thirty (30) days of the receipt of the formal final finding of the board.

(c) The scope of review of the chancery court in such cases shall determine if a violation of this chapter has occurred.

(d) The appropriate chancery court may award relief in the form of an injunction and/or actual damages.

(e) Any party aggrieved by action of the chancery court may appeal to the Supreme Court in the manner provided by law.