Central Un ESD Lemoore | AR 4144 Personnel
Except as specified below, the following procedure shall be used for any complaint by an employee alleging misapplication of the District's policies, regulations, rules, or procedures or for "whistleblower" complaints by an employee or job applicant regarding an improper District activity including, but not limited to, an allegation of gross mismanagement, a significant waste of funds, an abuse of authority, or a specific danger to public health or safety.
Complaints alleging unlawful discrimination on any basis specified in the District's nondiscrimination policies, including complaints of sexual harassment, shall be resolved in accordance with the District's procedure for complaints regarding discrimination in employment.
(cf. 0410 - Nondiscrimination in District Programs and Activities)
(cf. 4031 - Complaints Concerning Discrimination in Employment)
Complaints regarding unlawful discrimination in District programs or the District's failure to comply with state or federal laws regarding educational programs shall be resolved in accordance with the District's Uniform Complaint Procedures. Complaints regarding sufficiency of textbook materials, teacher vacancy or misassignment, an urgent or emergency facility condition shall be resolved in accordance with the District's Williams Uniform Complaint Procedures. (Education Code 35186; 5 CCR 4621)
(cf. 1312.3 - Uniform Complaint Procedures)
(cf. 1312.4 - Williams Uniform Complaint Procedures)
For complaints regarding working conditions or other subjects of negotiation, the employee shall use the grievance procedure specified in the applicable collective bargaining agreement.
Any of the time limits specified in this procedure may be extended by written agreement between the District and complainant.
Employees are encouraged to resolve complaints informally. Formal complaint procedures shall not be initiated unless informal efforts to resolve the complaint have been exhausted and the complainant has provided a written description of such efforts.
FORMAL COMPLAINT PROCEDURE
If a complaint has not been satisfactorily resolved by informal procedures, the complainant may file a written complaint with the immediate supervisor or principal within 60 days of the act or event which is the subject of the complaint.
1. A written complaint shall 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
2. Staff responsible for investigating complaints shall attempt to resolve the complaint to the satisfaction of the parties involved within 30 days.
3. 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 involved within 30 days. Parties should consider and accept the Superintendent 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.
4. 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 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 parties as to the precise nature of the complaint and to allow the parties to prepare a response
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 resolved and the reasons
5. The Board may uphold the Superintendent's decision without hearing the complaint.
6. All parties to a complaint may be asked to attend a Board meeting in order to clarify the issue and present all available evidence.
7. A closed session may be held to hear the complaint in accordance with law.
(cf. 9323 - Meeting Conduct)
8. The decision of the Board shall be final.
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.
(cf. 5141.4 - Child Abuse Reporting Procedures)
Regulation CENTRAL UNION ELEMENTARY SCHOOL DISTRICT
approved: December 14, 1992 Lemoore, California
revised: August 14, 2006
revised: November 17, 2008
revised: June 10, 2019