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Escondido Union ESD |  AR  1312.1  Community Relations

Complaints Concerning School Personnel   

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Complaint Procedures

In order to promote fair and constructive communication, the following procedures shall govern the resolution of complaints. Every effort should be made to resolve a complaint at the earliest possible stage.

1. Complaints concerning school personnel should be made directly by the complainant to the person against whom the complaint is lodged. Parents/guardians are encouraged to attempt to resolve orally concerns with the staff member personally.

2. If the complaint is not resolved at this level, the complainant may submit an oral or written complaint with the school principal or immediate supervisor.

3. The principal or immediate supervisor is responsible for investigating complaints and shall seek resolution of the complaint.

4. If the complaint remains unresolved after review by the principal or immediate supervisor, the complainant may summarize the complaint in writing and submit the complaint to the superintendent or designee.

5. A written complaint should include the name of each employee involved, and a brief but specific summary of the complaint and the facts surrounding it. It should include also a specific description of prior attempts to resolve the matter.

6. Complainants should consider and accept the superintendent's or designee's decision as final. However, the complainant, the employee, or the superintendent may ask to address the governing board regarding the complaint.

7. All complaints regarding district personnel other than administrators should be filed initially with the principal. Complaints regarding a principal or other administrator should be submitted in writing to the superintendent or designee. All written complaints will require the identification of the complainant.

8. A complaint addressed to the Board of Education will be considered by the board only after receiving a report from the superintendent or designee, which shall include:

a. The name of person(s) 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 defense.

c. A summary of the action taken by the superintendent or designee, with his/her specific findings that disposition of the case at the superintendent's level has not been possible, and the reasons why.

9. All parties to a complaint, including the school administration, may be asked to attend a board meeting or part of such meeting for the purpose of presenting all available evidence and allowing every opportunity for explaining and clarifying the issue.

10. Before the board holds a closed session to head 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 35146 or Government Code 54957.

(cf. 9321 -Closed Session Purposes and Agendas)

(cf. 9323 - Meeting Conduct)

11. The decision of the board following the hearing shall be final.

12. The board may uphold the superintendent's decision without hearing the complaint.

Complaints Regarding Child Abuse

Any complaint of child abuse or neglect against a district employee shall be reported to the appropriate local agencies in accordance with law, Board Policy and Administrative Regulations, Penal Code 11164-11174.3

(cf. 5141.4 - Child Abuse Reporting Procedures


October 23, 2003 Escondido, California