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Milpitas USD |  AR  1312.1  Community Relations

Complaints Concerning District Employees   

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Formal Complaint Procedures/Complaints Concerning Personnel

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

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

1. Every effort should be made to resolve the complaint at the earliest possible stage

2. If a complaint is unable or unwilling to resolve the complaint directly with the employee he/she may submit an oral or written complaint to the employee's immediate supervisor or the principal.

3. All complaints related to district personnel other than administrators shall be submitted in writing to the principal or immediate supervisor. If the complainant is unable to prepare the complaint in writing, administrative staff shall help him/her to do so. Complaints related to a principal or central office administrator shall be initially filed in writing with the Superintendent or designee.

4. Unresolved complaints related to the Superintendent shall be filed in writing with the Board.

5. When a written complaint is received, the employee shall be notified within five days or in accordance with collective bargaining agreements.

6. 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

7. Staff responsible for investigating complaints shall attempt to resolve the complaint to the satisfaction of the parties involved within 30 days.

8. Both the complainant and he 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.

9. 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 the employee involved

b. A brief but specific summary of the complaint and the facts surrounding it, sufficient to inform the Governing 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 findings that the problem has not been resolved and the reasons

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

11. All parties to a complaint may be asked to attend a Board meeting in order to clarify the issue and present all available evidence. (Government Code 54957 authorizes the use of closed session for hearing complaints against employees)

12. A closed sessions may be held to hear the complaint in accordance with law

13. The decision of the Board shall be final

Note: Pursuant to the Child Abuse and Neglect Reporting Act. (Penal Code 11164-11174.3) allegations of child abuse and neglect against district employees must be reported to and investigated by appropriate local agencies.

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.


adoption: June 23, 2015 Milpitas, California