Informal Complaint Process: Anyone may use informal
procedures to report and resolve complaints of harassment, intimidation or
bullying. At the building level, programs may be established for receiving
anonymous complaints. Such complaints must be appropriately investigated and
handled consistent with due process requirements. Informal reports may be made
to any staff member, although staff shall always inform complainants of their
right to, and the process for, filing a formal complaint. Staff shall also
direct potential complainants to an appropriate staff member who can explain
the informal and formal complaint processes and what a complainant can expect.
Staff shall also inform an appropriate supervisor or designated staff person
when they receive complaints of harassment, intimidation or bullying,
especially when the complaint is beyond their training to resolve or alleges
serious misconduct.
Informal
remedies include an opportunity for the complainant to explain to the alleged
perpetrator that the conduct is unwelcome, disruptive or inappropriate, either
in writing or face-to-face; a statement from a staff member to the alleged
perpetrator that the alleged conduct is not appropriate and could lead to
discipline if proven or repeated; or a general public statement from an
administrator in a building reviewing the district harassment, intimidation and
bullying policy without identifying the complainant. Informal complaints may
become formal complaints at the request of the complainant, parent, guardian or
because the district believes the complaint needs to be more thoroughly
investigated.
Formal Complaint Process: Anyone may initiate a formal
complaint of harassment, intimidation or bullying, even if the informal
complaint process is being utilized. Complainants should not be promised
confidentiality at the onset of an investigation. It cannot be predicted what
will be discovered or what kind of hearings may result. Efforts should be made
to increase the confidence and trust of the person making the complaint. The
district will fully implement the anti-retaliation provisions of this policy to
protect complainant(s) and witness(es). Student complainants and witnesses may
have a parent or trusted adult with them, if requested, during any
district-initiated investigatory activities. The superintendent or designated
compliance officer (hereinafter referred to as the compliance officer) may
conclude that the district needs to conduct an investigation based on
information in their possession regardless of the complainant’s interest in
filing a formal complaint. The following process shall be followed:
A.
All
formal complaints shall be in writing. Formal complaints shall set forth the
specific acts, conditions or circumstances alleged to have occurred that may
constitute harassment, intimidation or bullying. The compliance officer may
draft the complaint based on the report of the complainant, for the complainant
to review and sign.
B.
Regardless
of the complainant’s interest in filing a formal complaint, the compliance
officer may conclude that the district needs to draft a formal complaint based
upon the information in the officer’s possession.
C.
The
compliance officer shall investigate all formal, written complaints of
harassment, intimidation or bullying, and other information in the compliance
officer’s possession that the officer believes requires further investigation.
D.
When
the investigation is completed the compliance officer shall compile a full
written report of the complaint and the results of the investigation. If the
matter has not been resolved to the complainant’s satisfaction, the
superintendent shall take further action on the report.
E.
The
superintendent or designee, who is not the compliance officer, shall respond in
writing to the complainant and the accused within thirty days stating:
1.
That
the district intends to take corrective action; or
2.
That
the investigation is incomplete to date and will be continuing; or
3.
That
the district does not have adequate evidence to conclude that bullying,
harassment or intimidation occurred.
F.
Corrective
measures deemed necessary will be instituted as quickly as possible, but in no
event more than thirty days after the superintendent’s written response, unless
the accused is appealing the imposition of discipline and the district is
barred by due process considerations or a lawful order from imposing the
discipline until the appeal process is concluded.
G.
If
a student remains aggrieved by the superintendent’s response, the student may
pursue the complaint as one of discrimination pursuant to Policy 3210,
Nondiscrimination, or a complaint pursuant to Policy 4220, Complaints
Concerning Staff or Programs.
A fixed
component of all district orientation sessions for employees, students and
regular volunteers shall introduce the elements of this policy. Staff will be
provided information on recognizing and preventing harassment, intimidation or
bullying. Staff shall be fully informed of the formal and informal complaint
processes and their roles and responsibilities under the policy and procedure.
Certificated or professionally licensed staff shall be reminded of their legal
responsibility to report suspected child abuse, and how that responsibility may
be implicated by some allegations of harassment, intimidation or bullying.
Classified employees and regular volunteers shall get the portions of this
component of orientation relevant to their rights and responsibilities.
Students
will be provided with age-appropriate information on the recognition and prevention
of harassment, intimidation and bullying, and their rights and responsibilities
under this and other district policies and rules at student orientation
sessions and on other appropriate occasions, which may include parents. Parents
shall be provided with copies of this policy and procedure and appropriate
materials on the recognition and prevention of harassment, intimidation and bullying
including electronically transmitted messages or images.
Adoption Date: May 2005
Revised: July 2008