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El Dorado Union HSD |  AR  1312.1  Community Relations

Complaints Concerning District Employees   

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Complaint Procedures

The Superintendent or designee shall determine whether a complaint should be considered a complaint against the district and/or the individual, and whether it should be resolved by the district's process for complaints concerning personnel, other district procedures

(cf. 1312.2 - Complaints Concerning Instructional Material)

(cf. 1312.3 - Uniform Complaint Procedures)

(cf. 4144/4244/4344 - Complaints)

To promote prompt and fair resolution of complaints against district employees:

1. Every effort should be made to resolve a complaint at the lowest administrative level and the earliest possible stage. Whenever possible, the complainant should communicate directly to the employee against whom the complaint is made in order to resolve concerns.

2. If a complainant is unable or unwilling to resolve the complaint directly with the person involved, he/she may submit an oral or written complaint to the employee's immediate supervisor or the principal. (Refer to the diagram on Page 2.)

For purposes of these procedures, the employee's supervisor shall clarify whether a complaint is formal or informal. A formal complaint is one which has used the formal, written complaint procedure and which asks that personal, disciplinary actions be taken against the employee.

3. All formal complaints shall be submitted in writing and addressed as follows:

A complaint about district personnel is addressed to the principal or immediate supervisor.

A complaint about a principal or central office administrator is addressed to the superintendent or designee.

A complaint about the superintendent or Board member is addressed to the Board of Trustees.

The complainant will properly complete all sections of the district "Complaint Against An Employee" form (#1312.1a). Upon request, the employee's supervisor shall help the complainant understand how to fill out the form.

4. In line with collective bargaining agreements, an employee shall be notified within 5 work days after the administrator/supervisor has received the formal or informal complaint, if either the complainant or the administrator intends to request any corrective or disciplinary action upon the employee.

5. A written complaint must 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

d. The remedy sought by the complainant in resolution of the matter.

If the complainant is unable to prepare the complaint in writing, administrative staff shall help him/her to do so.

If the complainant does not put the complaint in writing, the complaint will be dropped. However, the supervisor of the employee may continue to work toward a resolution of the issue and may take corrective action when appropriate and/or make recommendations to the Assistant Superintendent Personnel, or to the Superintendent.

6. Either an administrator/supervisor or the employee may require that a meeting be scheduled involving the complainant, the employee, and an administrator or supervisor. In the event the complainant is not a parent or guardian of a student at the school, the employee shall be encouraged to attend, but may elect not to attend in accordance with the collective bargaining agreements.

7. Within 10 work days after receiving the written complaint, the employee may file with the administrator a written response to the complaint.

8. If the complaint is about a school-site employee, the principal shall determine whether additional efforts at the site to resolve the complaint would be productive.

If the complaint is about an employee not assigned to a school, the employee's immediate supervisor shall determine whether additional efforts by him/her would be productive.

If the complaint process involves the District Office, the appropriate District Office administrator shall determine whether additional efforts at the site to resolve the complaint would be productive.

9. If the complaint is not resolved by the above actions and the complainant desires further action or the principal/supervisor has determined that the complaint at the site where the incident prompting the complaint occurred would not be productive or that further action may be necessary, the following will apply:

The administrator shall prepare a memo to the Superintendent or designee, including his/her attempts to resolve the complaint, and shall forward the written complaint, the employee's response, and the administrator's memo to the Superintendent or designee for review.

10. A copy of the above shall be given to the employee.

APPEAL TO THE SUPERINTENDENT/DESIGNEE

11. The Superintendent or designee will review the complaint, the employee's response, and the administrator/supervisor's memo, and may discuss the information and complaint with the administrator/supervisor, the employee, and/or the complainant to clarify issues and attempt to resolve the complaint, or assign a person responsible for investigating the complaint who will attempt to resolve the complaint within 30 days to the satisfaction of the person(s) involved.

12. The disposition of the complaint by the Superintendent or designee shall be final unless within 30 days after receiving notification of the disposition of the complaint, the complainant requests in writing a meeting with the Board of Trustees.

APPEAL TO THE BOARD OF TRUSTEES

13. If the complainant desires to appeal to the Board of Trustees via the Superintendent's office, he/she shall request a meeting in writing (using Form 1312.1b) and shall include a statement regarding why the resolutions/proposed resolutions at the lower levels are not acceptable.

14. The Superintendent shall review the complaint and the proposed resolution at each level and shall make such recommendations to the Board as he/she deems appropriate.

15. 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 be 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 employee(s) as to the precise nature of the complaint and to allow the employee(s) 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.

16. The Board will review all documentation and make a determination to either:

a. Uphold the Superintendent's decision without hearing the complaint.

b. Provide the employee an opportunity to meet with the Board in closed session at the Board's convenience regarding the accuracy of the complaint and any other matter regarding the complaint.

c. Ask all parties to a complaint to attend a Board meeting in order to present all available evidence and allow every opportunity for explaining and clarifying the issue.

Before the Board finally resolves any such complaint adversely to the employee, either at that meeting or a subsequent meeting, the employee will be provided an opportunity to meet with the Board in closed session regarding the accuracy of the complaint and any other matter regarding the complaint.

Before the Board holds a closed session to hear complaints or charges brought against an employee, the employee shall receive written notice of his/her right to have the complaints or charges heard in open session rather than closed session. This notice shall be delivered personally or by mail at least 24 hours before the time of the session, and the employee may request that the complaints or charges be heard in open session. Complaints concerning Board members shall be addressed in open session unless a closed session is warranted pursuant to Education Code 351246 or 48918 or Government Code 54957 or 54957.6. (Government Code 54957)

(cf. 9321 - Closed Session Purposes and Agendas)

(cf. 9323 - Meeting Conduct)

Any decision of the Board shall be final.

COMPLAINTS REGARDING CHILD ABUSE

17. When a complaint of child abuse is alleged, the district shall provide parents/guardians procedures for filing a child abuse complaint with the appropriate local agencies in accordance with law, Board policy, and administrative regulation.

(cf. 5141.4 - Child Abuse Prevention and Reporting)

Legal Reference:

EDUCATION CODE

33308.1 Guidelines on procedures for filing child abuse complaints

35160.5(a)(3) Requirement of school district policies: parental complaints re employees

35203 Duty of district attorney to defend in certain cases

35204 Contract with attorney in private practice

44031 Personnel file contents and inspection

44811 Disruption of public school activities

4493244949 Resignation, dismissal and leaves of absence (rights of employee; procedures to follow)

48987 Child abuse guidelines

GOVERNMENT CODE

54957 Closed session; complaints re employees

54957.6 Closed session; salaries or fringe benefits

PENAL CODE

273 Cruelty or unjustifiable punishment of child

11164-11174.3 Child Abuse and Neglect Reporting Act

WELFARE AND INSTITUTIONS CODE

300 Minors subject to jurisdiction of juvenile court

Management Resource:

CDE LEGAL ADVISORIES

0910.93 Guidelines for parents to report suspected child abuse by school district employees or other persons against a pupil at school site (LO:4-93)

Regulation EL DORADO UNION HIGH SCHOOL DISTRICT

approved: April 10, 2001 Placerville, California