Regulation – x
Adopted – 7/16/1994
Revised – 05/2002
The Superintendent or designee shall determine whether a complaint should be considered a complaint against the District and/or the individual, and whether it should be resolved by the District’s process for complaints concerning personnel, other District procedures, or both.
Any complaint of child abuse or neglect alleged against a District employee shall be reported to the appropriate local agencies in accordance with law, Board policy and administrative regulation. (See Policy #BP/AR/E 5141.4 Child Abuse Reporting Procedures)
To promote prompt and fair resolution of the complaint, the following procedures shall govern the resolution of complaints against District employees.:
1. Every effort should be made to resolve a complaint at the earliest possible stage. Whenever possible, the complainant should communicate directly to the employee in order to resolve concerns.
2. If a complainant is unable or unwilling to resolve the complaint directly with the person involved, he/she may submit an oral or written complaint to the employee’s immediate supervisor or the principal.
3. All complaints related to District personnel other than administrators shall be submitted in writing to the principal or immediate supervisor. If the complainant is unable to prepare the complaint in writing, administrative staff shall help him/her to do so. Complaints related to a principal or central office administrator shall be initially filed in writing with the Superintendent or designee. Complaints related to a Board member or to the Superintendent shall be initially filed in writing with the Board.
4. When a written complaint is received, the employee shall be notified within five days or in accordance with collective bargaining agreements.
5. A written complaint must include:
a. The full name of each employee involved,
b. A brief but specific summary of the complaint and the facts surrounding it,
c. A specific description of any prior attempt to discuss the complaint with the employee and the failure to resolve the matter.
6. The written complaint will be shared with the employee.
7. Staff responsible for investigating complaints will attempt to resolve the complaint to the satisfaction of the parties involved within 30 days.
8. Both the complainant and the employee against whom the complaint was made may appeal a decision by the principal or immediate supervisor to the Superintendent or designee, who shall attempt to resolve the complaint to the satisfaction of the person(s) involved within 30 days. Parties should consider and accept the Superintendent’s or designee’s decision as final. However, the complainant, the employee, or the Superintendent or designee may ask to address the Board regarding the complaint.
9. Before any Board consideration of a complaint, the Superintendent or designee shall submit to the Board a written report concerning the complaint, including but not be limited to:
a. The full name of each employee involved.
b. A brief but specific summary of the complaint and the facts surrounding it, sufficient to inform the Board and the employee(s) as to the precise nature of the complaint and to allow the employee(s) to prepare a defense.
c. A copy of the signed original complaint.
d. A summary of the action taken by the Superintendent or designee, together with his/her specific finding that the problem has not been re-solved and the reasons.
10. The Board may uphold the Superintendent’s decision without hearing the complaint.
11. All parties to a complaint may be asked to attend a Board meeting in order to clarify the issue and present all available evidence.
12. A closed session may be held to hear the complaint in accordance with the law.
13. Before the Board holds a closed session to hear complaints or charges brought against an employee, the employee shall receive written notice of his/her right to have the complaints or charges heard in open session rather than in closed session.
14. The decision of the Board shall be final.