AR 1312.1(a) Community Relations - Complaints Concerning District Employee

 

Community Relations

Complaints Concerning District Employee

Complaint Procedure

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

In order to promote fair and constructive communication, the following procedures shall govern the resolution of complaints against district employees:

1. Every effort should be made to resolve a complaint informally at the earliest possible stage. Whenever possible, complaints concerning school personnel should be made directly by the complainant to the person against whom the complaint is made. Parents/guardians are encouraged to attempt to orally resolve concerns with the staff member personally.

2. If a complainant is unable or unwilling to resolve the complaint directly with the person involved, he/she may submit a complaint to the employee’s immediate supervisor or the principal to be resolved informally.

3. When a complaint is received, the employee shall be notified in accordance with collective bargaining agreements or employee handbooks.

4. If a complaint cannot be resolved informally, the complainant may submit the complaint in writing to the principal or immediate supervisor. Complaints related to a principal or central office administrator shall be initially filed in writing with the Superintendent or designee. Complaints related to a Board member or the Superintendent shall be initially filed in writing with the Board.

5. A written complaint must include:

    a. The 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.

6. The person responsible for investigating complaints will attempt to resolve the complaint to the satisfaction of the person(s) involved within 10 working days.

7. The complainant may appeal a decision by the principal or immediate supervisor to the Superintendent or designee, who will attempt to resolve the complaint tot eh satisfaction of the person(s) involved within 30 days. Complainants 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.


8. Before any Board consideration of a complaint, the Superintendent or designee shall submit to the Board a written report concerning the complaint, including but no be limited to:

    a. The name of each employee involved
    b. A brief but specific summary of the complaint and the facts surrounding it, sufficient to inform the Board and the employee(s) as to the precise nature of the compliant and to allow the employee(s) to prepare a defense.
    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 finding that the problem has not been resolved and the reasons

9. The Board may uphold the Superintendent’s decision without hearing the complaint.

10. All parties to a compliant may be asked to attend a Board meeting in order to present all available information and allow every opportunity for explaining and clarifying the issue.

11. Before the Board holds a closed session to hear complaints or charges brought against an employee, the employee shall receive written notice of his/her right to have the complaints or charges heard in open session rather than closed session. This notice shall be delivered personally or by mail at least 24 hours before the time of the session, and the employee may request that the complaints or charges be heard in open session. Complaints concerning Board members shall be addressed in open session unless a closed session is warranted pursuant to Education Code 35146 or 48918 or Government Code 54957 or 54957.6. (Government Code 54957)

12. Any decision of the Board shall be final.







ADOPTED by the AESD Board of Trustees: April 4, 2000