Regulation – x
Adopted – 7/16/1994
Revised – 12/7/2017
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 policies and procedures, or both. The Superintendent or designee shall further determine whether a complaint should be investigated by District personnel or by an outside investigator. The District will investigate anonymous complaints so long as there is sufficient information to proceed and it is appropriate under the circumstances.
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. All complaints related to District personnel other than administrators shall be initially submitted to the principal or the employee’s immediate supervisor. Complaints related to a principal or central office administrator shall be initially filed with the Superintendent or designee. Complaints related to a Board member or to the Superintendent shall be initially filed with the Board.
2. In all cases, the complainant is strongly encouraged to prepare the complaint in writing, but if he/she is unable or unwilling to do so, administrative staff may assist the complainant in preparing a written complaint.
3. When a written complaint is received, the employee shall be notified within five working days or in accordance with collective bargaining agreements.
4. To the extent necessary to investigate the complaint, the written complaint may be shared with the employee.
5. Time limits specified in these procedures may be reduced or extended in any specific instance by written mutual agreement of the parties involved. If specified or adjusted time limits expire, the complaint may proceed to the next step.
6. Any complaint not taken to the next step within prescribed time limits shall be considered settled on the basis of the answer given at the preceding step.
Every effort should be made to resolve a complaint informally at the earliest possible stage.
Whenever possible, the complainant should communicate directly to the employee in order to resolve
concerns. If a complainant is unable or unwilling to resolve the complaint directly with the person
involved, then the complainant shall follow the process set forth below.
Formal Complaint Procedure – Step 1
If a complaint has not been satisfactorily resolved informally, the complainant may file a written complaint with his/her immediate supervisor or principal. The written complaint should include a description of efforts to resolve the complaint informally and should specify the nature of the problem, including names, locations, witnesses, and the remedy sought by the employee.
Within five working days of receiving the complaint, the immediate supervisor or principal shall conduct any necessary investigation and meet with the complainant in an effort to resolve the complaint.
The immediate supervisor or principal shall present all concerned parties with a written answer to the complaint within ten working days after the meeting.
Formal Complaint Procedure – Step 2
If a complaint has not been satisfactorily resolved at Step 1, the complainant may file the written complaint with the Superintendent or designee within five working days of receiving the answer at Step 1. All information presented at Step 1 shall be included with the complaint, and the immediate supervisor or principal shall submit to the Superintendent or designee a report describing attempts to resolve the complaint at Step 1.
Within five working days of receiving the complaint, the Superintendent or designee shall conduct any necessary investigation and meet with the complainant in an effort to resolve the complaint.
The Superintendent or designee shall present all concerned parties with a written answer to the complaint within ten working days after the meeting.
Formal Complaint Procedure – Step 3
If a complaint has not been satisfactorily resolved at Step 2, the complainant may file a written appeal to the Governing Board within five working days of receiving the answer at Step 2. All information presented at Steps 1 and 2 shall be included with the appeal, and the Superintendent or designee shall submit to the Board a report describing attempts to resolve the complaint at Step 2.
An appeal hearing shall be held at the next regularly scheduled Board meeting after the appeal is filed.
All parties to a complaint may be asked to attend a Board meeting in order to clarify the issue and present all available information.
Complaints concerning an employee shall be heard in closed session of the Board unless the employee requests that the issue be addressed in open session. 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.
Following the hearing of a complaint, the Board may choose to uphold the Superintendent or designee’s decision and take no further action, adopt the Superintendent or designee’s decision as its own, or modify the Superintendent’s or designee’s decision as it determines.
The decision of the Board shall be final. A written decision will be provided by the Board within 30 working days following the meeting at which the Board heard the complaint.