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Adoption Date: 9/1/2012
Regulations - Regulations


3230R.1 DISCRIMINATION COMPLAINT GUIDELINES

Any type of discrimination allegedly occurring within the District shall be investigated by the appropriate official in accordance with the following District regulations and procedures.

 

In following these procedures, should the investigating official be the alleged source of discrimination, then the employee/student or potential employee/student shall report his/her complaint to the next level of supervisory authority. Both informal and/or formal complaint  procedures may be used to report allegations of discrimination.

 

All reports of alleged discrimination  will be held confidential to the extent possible consistent with the District's legal obligations in conducting a thorough investigation and/or taking appropriate disciplinary  measures.  Subject  to  all  applicable  laws  and  collective  bargaining  agreements,  the following guidelines shall be utilized in the investigation and resolution of discrimination complaints.

 

Step 1 - Informal Complaint

 

1)    An employee or student who believes that he/she has been subjected to Principal any type of discrimination   shall  immediately   notify  his/her  immediate  supervisor   or  Principal  on  the complaint form provided by the District.

 

2)     A potential employee  or potential student who believes that he/she has been subjected  to any type   of  discrimination   shall   immediately   notify  the  District's   Complaint   Officer.  Those procedures established under Step 2- Formal Complaint will then apply. (see subheading "Step 2

- Formal Complaint" in this regulation)

 

3)     Within fourteen (14) days after receipt of the complaint the supervisor or Principal will correct the situation stated in the complaint if he/she finds the complaint valid and if the correction of the complaint is within his/her scope of authority.

 

The action taken by the supervisor or Principal will be noted on the complaint form.

 

a.       The  supervisor  or  Principal  may  consult  with  or  seek  the  assistance  of  the  Complaint

Officer in resolving the complaint.

 

b.       If  the  supervisor  or  Principal  cannot  resolve  the  issues  raised  in  the  complaint  within fourteen (14) days, he/she shall notify the complainant of that fact before the expiration of the fourteen  (14)  day period  and  he/she  shall  further  indicate  the  approximate  date on which his/her determination will be made.

 c.       If resolution of the complaint is not within the scope of the authority of the supervisor or Principal, he/she shall immediately notify the complainant who may then initiate those procedures set forth in the next section ifhe/sheso desires.

 

Step 2 - Formal Complaint

 

If the complaint was not resolved at the informal stage to the satisfaction of the complainant, he/she  may  within  fourteen  (14)  days  of  the  decision  of  the  supervisor  or  Principal  ask  that  the Complaint  Officer or his/her designee review the allegations raised by stating his/her reasons on the complaint form provided by the District and filing them with the Complaint Officer.

 

1)     The Complaint Officer or his/her designee will review the file and if necessary conduct his/her own investigation. The decision of the Complaint Officer will be made in writing within fourteen (14)  days  from  presentation  of  the  complaint  to  him/her  unless  the  Complaint  Officer  has notified complainant that a period in excess of fourteen (14) days will be needed for him/her to conduct the investigation and render his/her decision.

 

2)     If the Complaint Officer concludes that further action  beyond that taken by the supervisor or Principal   must  be  taken,  he/she  shall  immediately   notify  the  Superintendent  so  that  the Complaint Officer's recommendations may be reviewed and implemented by the Superintendent.

 

Step3 - Corrective Action/Resolution

 

The Complaint Officer will inform the Superintendent of the outcome of his/her investigation. If the Superintendent of Schools issues a finding that no form of discrimination has occurred, the complainant, if not satisfied with this resolution, may appeal the decision to the Board of Education. If the complainant  is satisfied  with the Superintendent's  finding,  the complainant  will so indicate  in writing and the matter will be deemed closed.

 

Should the Superintendent determine that corrective action is necessary, the Superintendent of Schools  shall  follow  all  applicable   law  and  regulations  and  appropriate  collective  bargaining agreements in the resolution of the complaint.

 

The  complainant  shall  receive  a  copy  of  any  and  all  reports  issued  by  the  Superintendent pertaining to the investigation/outcome  of the formal complaint.

 

Step 4 - Appeal to the Board of Education

 

In the event that a complainant files an appeal with the Board of Education following a finding by the Superintendent  of Schools, the Board of Education will conduct a hearing and issue a written response to the complainant following completion of the hearing.The District shall take all appropriate measures to prevent the occurrence or continuation of any type of discrimination and shall implement remedial or corrective action where necessary.

 

Regardless of whether a complaint has been filed, if the District knows or has reason to know of the  existence  of  any  type  of  discrimination,  the  District  shall  require  a  prompt  and  thorough investigation by appropriate personnel.

 

Scope of Legal Action

 

The filing of a complaint, and/or the rendering of a decision regarding the complaint shall in no way prohibit, prevent or limit the complainant from taking appropriate legal action in accordance with state and federal law.

 

 

 

 

 

 

NOTE:        Refer also to Regulation #3420R --Harassment in the School District