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Newport-Mesa USD |  BP  1312.1  Community Relations

Complaints Concerning District Employees   

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The Governing Board recognizes the responsibility for providing the best educational environment possible for all students, Constructive criticism of schools in welcomed whenever it is motivated by a sincere desire the improve the quality of educational or management programs of the district.

Moreover, the Board believes it is important to provide members of the public with the means by which the public can voice complaints regarding district employees. The Board desires that complaints be investigated and resolved expeditiously without disrupting the educational process.

The Superintendent or designee shall develop regulations which enable the public and other employees to submit complaints against district employees in an appropriate way. These regulations shall ensure a complete process that addresses complaints and protect the rights of involved parties and the district. The Board may serve as an appeals body if the complaint is not resolved.

The Board prohibits retaliation against complainants. The Superintendent or designee at his/her discretion may keep a complainant's identity confidential, except to the extent necessary to investigate the complete the complaint. Anonymous complaints will be investigated at the Superintendent or designee's discretion.

The Board believes very strongly that the investigation process conducted by the Superintendent or designee and complaint resolution efforts should not disrupt the educational process. That belief is consistent with Education Code 44811 which makes it a misdemeanor for a parent/guardian or other person to materially disrupt class work or extracurricular activities or cause substantial disorder in a place where a school employee is required to be in the course of his/her duties.

(cf. 1250 - Visitors/Outsiders)

(cf. 1310 - Civility)

Legal Reference:

EDUCATION CODE

33308.1 Guidelines on procedure for filing child abuse complaints

35146 Closed sessions

44031 Personnel file contents and inspection

44811 Disruption of public school activities

44932-44949 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 Resources:

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)

Policy NEWPORT-MESA UNIFIED SCHOOL DISTRICT

adopted: September 8, 2009 Costa Mesa, California