Board Policies

Members

Schedule of Meetings

Agenda, Minutes. Committee Schedules

326. 426, 526. Complaint Procedure

Effective management of District operations requires reasonable and effective means of resolving conflicts among employees. This policy is established to reduce potential areas of disagreement, and to establish and maintain recognized two-way channels of communication between the Board and employees.

The Board adopts this policy to facilitate proper and equitable solutions to complaints at the lowest appropriate level, and to establish an orderly procedure for pursuing solutions.

There shall be no reprisals of any kind taken against any employee because of participation in or support of a complaint unless the complaint is patently frivolous or brought primarily for the purpose of harassing another employee as the term is defined in Policy No. 348, 448, 548.

Complaint - any unresolved problem concerning application or interpretation of federal or state laws and regulations; policies and rules of the Board; and written administrative procedures.

The District encourages but does not require that complaints be discussed in a private, informal meeting between the complainant and the individual who is the subject of the complaint.

At the higher levels of review, a complainant may be represented or accompanied by any other employee he/she chooses; however, administrators may only be represented or accompanied by another administrator.

The time limit provided in this policy may be extended by mutual agreement of the complainant and the person addressing the complaint. Any decision not pursued within the time limits from one level to the next level shall be considered settled on the basis of the last decision and not subject to further appeal.

Level One – Immediate Supervisor

Within ten (10) days after the occurrence giving rise to the complaint or within 10 days of the receipt of knowledge concerning the complaint and preferably following an informal discussion as outlined, the complainant must present the complaint in writing to his/her immediate supervisor.

This written complaint shall include:

1. A clear, concise expression of the complaint.
2. The rule, policy or law of which there is an alleged violation.
3. Circumstances on which the complaint is based.
4. Person(s) involved.
5. Result of the private meeting, if one took place.
6. Remedy sought.
7. Upon being notified of the complaint, the Supervisor shall provide a copy of this policy to the complainant.

Either party to the complaint shall have the right to request a conference in order to resolve the complaint. The immediate supervisor may request the presence of a co-administrator at this meeting. Copies of the written complaint shall be sent to any individuals who are present at the conference.

Within ten (10) days the immediate supervisor shall communicate a written decision to the complainant. If the supervisor does not respond within the time limit, the complainant may appeal to the next level.

Level Two -– Superintendent/Designee

Within ten (10) days after receiving the decision of the administrator in Level One, the complainant may appeal the decision to the Superintendent or designee. The written appeal shall be accompanied by a copy of the complaint and the decision at Level One.

Within ten (10) days after delivery of the appeal, the Superintendent or designee shall investigate the complaint, giving all persons who participated in Level One a reasonable opportunity to be heard.

Level Three - Discussion with the Board

Within ten (10) days after receiving the decision of the Superintendent or designee, the complainant may appeal the decision in writing to the Board.

The Board may, at its discretion, hold a conference with regard to the complaint.

The complainant may be present and accompanied by another employee at the conference.

Within twenty (20) days the Board will submit its written decision, together with supporting reasons, to the complainant. A copy shall be furnished to the administrator(s) involved.

The decision of the Board is final and, unless specifically stated otherwise, will not constitute an adjudication under the Local Agency Law.

Miscellaneous Provisions

All documents, communications and records relevant to a complaint shall be filed in a separate file and not be kept in the personnel file of any of the participants.

In the event a complaint is filed late in the school year, both parties shall endeavor to expedite procedures so that the process may be completed as soon after the school term as practicable.