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San Ramon Valley USD |  BP  1312.1  Community Relations

Complaints Concerning School Personnel   

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The Board of Education places trust in its employees and desires to support their actions in such a manner that employees are freed from unwarranted complaints. The Board believes that the quality of the educational program can improve when the district listens to complaints, considers differences of opinion, and resolved disagreements through an established, objective, and timely process.

Any person who registers a complaint regarding a school district employee will follow the administrative procedure established for the processing of such complaints. The Board believes that complaints against personnel are to be resolved at the informal level by addressing the complaint directly with the employee when appropriate. If a problem remains unresolved, the individual should submit a formal complaint as early as possible in accordance with appropriate district procedures.

Individual Board members do not have authority to resolve complaints. If approached directly with a complaint however, Board members will show their concern by listening to the complaint and then refer the complainant to the Superintendent or designee, with appropriate acknowledgment to the complainant, so that the problem may receive proper consideration.

The Superintendent shall develop administrative procedures which will permit the public to lodge criticism against staff members, assure that complaints will be heard and protect the rights of complainants, staff members, and the district. Such procedures shall be readily accessible to the public. This policy and procedure shall not apply when a public complaint involves accusations of child abuse. When a school employee is accused of child abuse, it shall be dealt with according to BP and AR 5141.4, "Child Abuse Reporting Procedures."

When a complaint is made, the Superintendent or designee shall determine whether it should be resolved by the district's process for complaints concerning personnel, the district's uniform complaint procedures, or both.

(cf. 1312.3  Uniform Complaint Procedures)

To the extent possible, parents/guardians shall receive procedures, written in their primary language, for filing a child abuse complaint with the appropriate child protective agencies. If any parent/guardian complains of child abuse occurring at a school, the Superintendent or designee shall provide him/her with these procedures and shall also provide an interpreter as needed for oral communication. (Statutes other than Code, Ch. 1102, Statutes of 1991)

Providing the above procedures to parents/guardians does not relieve mandated reporters from their duty to report suspected child abuse in accordance with law.

(cf. 4112.6  Personnel Records)

(cf. 5141.4  Child Abuse Reporting Procedures)

The Board prohibits retaliation against complainants or any party involved in the complaint process. The Superintendent or designee, at his/her discretion, may keep a complainant's identity confidential, except to the extent necessary to investigate the complaint.

Unless otherwise prescribed by law, the Board will act as a final board of appeal only after full implementation of the procedure has failed to resolve the concern.

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 SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT

adopted: January 17, 1995 Danville, California

revised: June 25, 2013

revised: March 10, 2015

revised: March 22, 2016