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ARTICLE 21: COMPLAINTS CONCERNING SCHOOL PERSONNEL/PUBLIC CHARGES

21.1     Procedures

 

21.1.1    To promote communication that is fair and constructive, the following procedures are for resolving complaints against unit members.  Every effort should be made to resolve a complaint at the earliest possible stage.

 

a.      Complaints concerning unit members shall be made directly by the complainant to the person against whom the complaint is lodged.  Parents/guardians/employees are encouraged to attempt to orally resolve concerns with the unit member personally.  Such an attempt shall be made at a time and place mutually agreed upon prior to the meeting.

 

b.      If the complaint is not resolved at the informal level, the complainant may submit the complaint in writing to the school principal or immediate supervisor.  The District will consider the complaint dropped if the complainant refuses or fails to put it in writing.

 

(1)        A written complaint must include the name of each unit member involved and a brief but specific summary of the complaint and the facts surrounding it.

 

●       It must also include a specific description of a prior attempt to discuss the complaint with the unit member involved and the failure to resolve the matter.

 

●       When a written complaint is received, the unit member shall receive a copy of the complaint within seven (7) work days.

 

(2)        The principal or immediate supervisor is responsible for investigating complaints and will attempt to resolve the complaint to the satisfaction of the person(s) involved.  If the complaint is resolved, the principal will so advise all concerned parties, including the Superintendent.  Any discipline imposed shall be kept as confidential as reasonably possible.

 

c.      If the written complaint remains unresolved after review by the principal or the immediate supervisor, the principal shall refer the written complaint, together with a report and analysis of the situation, to the Superintendent or his/her designee.  The Superintendent shall render a written decision.  Any discipline imposed shall be kept as confidential as reasonably possible.  The complainant or the unit member, may request a closed hearing before the Governing Board.  The Board may confirm the Superintendent’s decision, request further review by the administration, or conduct the closed hearing.

 

d.      All written complaints regarding unit members shall be initially filed with the principal (or, if appropriate, the unit member’s supervisor).

 

e.      The District administration shall cooperate with the complainant and assist in the preparation of any written complaint so as to quickly meet the requirements of this section.

 

21.2     Hearing

 

21.2.1     No hearing, either open or closed, will be held by the Board on any complaint unless the Board has received the Superintendent’s written decision or report concerning the complaint.  The Superintendent’s decision or report shall contain, but not be limited to:

 

a.      The name of each unit member involved.

 

b.      A brief but specific summary of the complaint and the facts surrounding it, sufficient to inform the Board and the unit member(s) as to the precise nature of the complaint and to allow the unit member(s) to prepare a defense.

 

c.      A copy of the signed original of the complaint itself.

 

d.      A summary of the decision and action taken by the Superintendent or his/her specific finding that disposition of the case at the Superintendent’s level has not been possible, and the reasons why.

 

21.2.2  All parties involved, including the school administration, may be requested to attend such a meeting, or a part of such a meeting, for the purposes of presenting all available evidence, allowing every opportunity for the explanation, and for clarifying the issue.
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