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Davis Joint USD |  AR  1312.1  Community Relations

Complaints Concerning District Employees   

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Every effort should be made to resolve complaints regarding district employees at the earliest possible stage. Any person who complains about a district employee shall be encouraged to resolve the matter informally through direct communication with the employee whenever possible. Complainants will be offered restorative practices as an option to resolve the complaint, and where parties to the complaint agree to this option(s), trained staff will utilize restorative practice methods, including referral to mediation services with a neutral third-party provider, if appropriate.

If a complainant is unable or unwilling to resolve the complaint directly with the employee, or if restorative practices or mediation do not resolve the complaint, the complainant may submit a written complaint to the principal or other immediate supervisor of the employee. Complaints related to a principal or district administrator shall be initially filed in writing with the Superintendent or designee. Complaints related to the Superintendent shall be initially filed in writing with the Board. If the complainant is unable to prepare the complaint in writing, administrative staff shall provide assistance in the preparation of the complaint.

A written complaint shall include the full name of each employee involved, a brief but specific summary of the complaint and the facts surrounding it, and a specific description of any prior attempt to discuss the complaint with the employee and the failure to resolve the matter.

To promote prompt and fair resolution of the complaint, the following procedures shall govern the resolution of complaints against district employees:

1. When a written complaint is received, the employee who is the subject of the complaint shall be notified within three days in accordance with the collective bargaining agreement.

2. The principal or other immediate supervisor of the employee shall investigate and attempt to resolve the complaint to the satisfaction of the parties involved within 30 business days. A complaint against a school or district administrator shall be investigated by the Superintendent or designee. The investigation may include interviews of the employee, complainant, or witnesses as necessary and/or a review any documentation relevant to the complaint.

3. Both the complainant and employee shall be notified in writing of the final decision regarding the resolution of the complaint.

4. Either the complainant or the employee against whom the complaint was made may appeal the decision. A decision by the principal or immediate supervisor may be appealed to the Superintendent or designee, who shall attempt to resolve the complaint to the satisfaction of the parties involved within 30 business days. Either the complainant or the employee may appeal the Superintendent or designee's decision to the Governing Board. An appeal to the Board must be made in writing within 30 business days from the date the complainant or employee received the Superintendent or designee's response.

5. If the decision is appealed to the Board, the Superintendent or designee shall submit to the Board the following information:

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, and the reasons that the problem has not been resolved

6. The Board may uphold the Superintendent's decision without hearing the complaint.

7. All parties to a complaint may be asked to attend a Board meeting in order to clarify the issue and present all available evidence.

8. A closed session may be held to hear the complaint in accordance with law.

(cf. 9321 - Closed Session Purposes and Agendas)

(cf. 9323 - Meeting Conduct)

9. 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 Prevention and Reporting)

Regulation DAVIS JOINT UNIFIED SCHOOL DISTRICT

approved: Nov 15, 2012 Davis, California

revised: June 04, 2015

revised: May 17, 2017

revised: June 20, 2019