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Vista USD |  BP  4144  Personnel

Complaints   

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The Board of Education recognizes the need to establish a process to allow employees and job applicants to have their concerns heard in an expeditious and unbiased manner. The Board expects that employees will make every effort to resolve complaints and disagreements informally before filing a formal complaint.

The Board strictly prohibits retaliation and attempts or threats to retaliate against any District employee or official for filing, reporting, pursuing, or participating in a complaint of harassment, or for being a witness of helping in any way relating to a complaint, potential complaint, or investigation of alleged harassment. Any person who retaliates or attempts to retaliate in violation of this prohibition may be subject to discipline. Anyone with a concern that retaliation is or may be occurring is encouraged to contact the person investigating the charge of harassment or the principal or designee. The Superintendent or designee may keep a complainant's identity confidential, except to the extent necessary to investigate the complaint.

No one shall file a claim of harassment knowing it to be false and no one shall provide any knowingly false information in a harassment complaint or investigation. Anyone violating this prohibition may be subject to disciplinary action.

All matters related to a complaint shall be kept confidential and any document, communication, or record regarding the complaint shall be placed in a separate file and shall not be placed in an employee's personnel file.

(cf. 0410 - Nondiscrimination in District Programs and Activities)

(cf. 1312.3 - Uniform Complaint Procedures)

(cf. 1312.4 - Williams Uniform Complaint Procedures)

(cf. 3320 - Claims and Actions Against the District)

(cf. 4031 - Complaints Concerning Discrimination in Employment)

(cf. 4112.6/4212.6/4312.6 - Personnel Records)

(cf. 4119.1/4219.1/4319.1 - Civil and Legal Right)

(cf. 4119.11/4219.11/4319.11 - Sexual Harassment)

(cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged Information)

Legal Reference:

EDUCATION CODE

200-262.4 Prohibition of discrimination on the basis of sex

35186 Williams uniform complaint procedures

44110-44114 Reporting by school employees of improper governmental activity

GOVERNMENT CODE

3543 Public school employees' rights

3543.1 Rights of employee organizations

53296-53299 Disclosure of confidential information; whistleblower

54957 Closed session; personnel matters

LABOR CODE

1102.5-1106 Whistleblower protections

CODE OF REGULATIONS, TITLE 5

4900-4965 Nondiscrimination in district programs and activities

Management Resources:

WEB SITES

CSBA: http://www.csba.org

Policy VISTA UNIFIED SCHOOL DISTRICT

adopted: December 9, 2010 Vista, California