The Complaint Process
Step 1: Notifications
Any District supervisor who receives a report of prohibited conduct shall promptly notify the appropriate District official and take any other steps required by District policy. In regards to students, the District official or designee shall promptly notify the parents/guardians of any student alleged to have experienced prohibited conduct by a District employee or another adult.
If the alleged perpetrator is not a district employee or other adult whom the District can exercise any jurisdiction, the District official shall also promptly notify appropriate law enforcement or Child Protective Services if the official has reason to believe that the child has been or may be neglected or abused.
Step 2: Investigation
The District may request, but shall not require, a written complaint or report of alleged prohibited conduct. If a report is made orally, the District official shall prepare a written report from the oral information.
Upon receipt or notice of a report, the District official should determine whether the allegations, if proven, would constitute prohibited conduct as defined by this policy. If so, the District official shall promptly authorize or undertake an investigation, regardless of whether a criminal or regulatory investigation regarding the same or similar allegations is pending.
If no investigation is warranted, regarding students, the District official shall make a determination under FFI, Freedom from Bullying, whether the alleged conduct would constitute bullying rather than discrimination, harassment, or retaliation. If so, the matter shall be referred to be handled under FFI.
If the District official determines that the alleged conduct, if proven, would not be a violation, the District official shall so notify the complainant/reporter in writing and dismiss the compliant.
If appropriate and regardless of whether a criminal or regulatory investigation regarding the alleged conduct is pending, the District official shall promptly take interim action calculated to address prohibited conduct or bullying prior to the completion of the District's investigation.
The investigation may be conducted by a District official or a designee, such as the campus principal, or by a third party designation by the District, such as an attorney. When appropriate, the campus principal shall be involved in or informed of the investigation.
If a law enforcement or regulatory agency notifies the District that a criminal or regulatory investigation has been initiated, the District shall confer with the agency to determine if the District investigation would impede the criminal or regulatory investigation. The District shall proceed with its investigation only to the extent that it does not impede the ongoing criminal or regulatory agency has finished gathering its evidence, the District shall promptly resume its investigation.
Absent extenuating circumstances, such as a request by law enforcement or regulatory agency for the District to delay its investigation, the investigation should be completed within ten (10) District business days from the date of the report; however, the investigator shall take additional time if necessary to complete a thorough investigation. Notification of the outcome of the investigation shall be provided to both parties in compliance with FERPA.
In no circumstance shall the District be required to inform the complainant of the specific disciplinary or corrective action taken.
Step 3: Appeal Rights
A complainant who is dissatisfied with the outcome of the investigation may appeal through District Board policy FNG(LOCAL) for students, DGBA(LOCAL) for employees, and GF(LOCAL) for others, beginning at the appropriate level.
The complainant may have a right to file a complaint with appropriate state or federal agencies.