Policy Information | |
Series Regulations - Regulations | |
DISCRIMINATION COMPLAINT GUIDELINES Policy # 3230R.1 |
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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
Regulations - Regulations |