Descriptor Code: AAC-BR
DISCRIMINATION AND HARASSMENT GRIEVANCE PROCEDURE
The following procedure is designed to resolve discrimination, harassment and retaliation complaints by and against students, parents, and third parties, as described in the board’s Nondiscrimination and Anti-Harassment policy (coded AAC), in a prompt and equitable manner. Board policy requires all students and staff to fully cooperate when asked to participate in a discrimination, harassment, or retaliation investigation. The procedure contained in this regulation supersedes the district’s policies regarding complaints about personnel and bullying.
Retaliation Prohibited
The District prohibits retaliation for an individual’s participation in and/or initiation of a discrimination and/or harassment complaint investigation, including instances when a complaint is not substantiated. The consequences for violating this prohibition are delineated in policy AAC.
Complaint Filing Format and Deadlines
A complaint may be filed verbally or in writing and should be filed as soon as possible after the discrimination, harassment, or retaliation allegedly occurred. Delays in filing a complaint may cause difficulties in the investigation.
With Whom Complaints May be Filed
A complaint may be filed with any district employee. District employees are required to report any discrimination or harassment to the appropriate grievance coordinator (Title IX, 504/Title II, or Nondiscrimination) when they knew (e.g., received a complaint, directly observed it) or should have known it was occurring (e.g., overheard students talking about an incident, saw discriminatory or harassing graffiti or vandalism on school property). Failure by a district employee to report under this regulation may result in disciplinary action.
Initiating Complaint Resolution Procedure
After receiving a discrimination and/or harassment complaint or gaining knowledge of potentially discriminatory and/or harassing conduct, the appropriate grievance coordinator shall contact the complainant, determine if an informal or formal investigation is appropriate, and determine if the complainant requests confidentiality. Requests for confidentiality must be handled in accordance with policy AAC.
Prohibition on Meeting with the Accused
At no time during the informal or formal resolution process shall the complainant be required to meet with the accused. If the appropriate grievance coordinator assigned to conduct or oversee the investigation is the accused, the Superintendent, or Board President (if the Superintendent is the accused) shall designate a different individual (which may be a third party) to carry out the accused’s responsibilities associated with the investigation.
Third-Party Assistance
A school official responsible for conducting or overseeing discrimination or harassment investigations is authorized to receive assistance from the district’s legal counsel throughout the process.
1
REQUIRED Descriptor Code: AAC-BR
Investigation Timeframes
The informal resolution procedure must be completed within 30 days of a district employee reporting the complaint or incident to the appropriate grievance coordinator, unless the investigator documents reasons for delays and communicates these reasons to the complainant and accused.
The formal resolution procedure must be completed within 60 days of a district employee reporting the complaint or incident to the appropriate grievance coordinator or a complainant or accused terminating the informal complaint procedure, unless the investigator documents reasons for delays and communicates these reasons with the complainant and accused. Acceptable reasons for delays include extended school breaks when witnesses are not available, and complex cases involving multiple witnesses.
Interim Measures
Pending the final outcome of an informal or formal resolution, the District shall institute interim measures to protect the complainant and inform him/her of support services available. Interim measures may include a district-enforced no contact order, schedule changes, academic modifications for the complainant, and/or school counseling for the complainant. These interim measures should have minimal impact on the complainant. If the accused is a student, interim measures should also take into consideration the accused student’s educational rights.
Informal Resolution Procedure
This procedure may only be used when mutually agreed to by the complainant, the accused and the appropriate grievance coordinator. This procedure may not be used when the alleged discrimination and/or harassment may have constituted sexual violence or any other crime. The formal resolution procedure must be used whenever the informal procedure is not permitted.
During the informal resolution process, the investigator shall gather information necessary to understand and resolve the complaint. Based on this fact-gathering process, the investigator shall propose an informal resolution, which may include requiring the accused to undergo training on discrimination and/or harassment, requiring all students and staff to undergo such training, instituting protection mechanisms for the complainant, and/or holding a formal meeting with the accused to review the nondiscrimination and anti- harassment policy and discuss the implications of violating it. Both the complainant and the accused must agree to the informal resolution before it can be instituted.
The appropriate grievance coordinator shall monitor the implementation and effectiveness of the informal resolution procedure and initiate the formal resolution procedure if discrimination and/or harassment persists.
Both the complainant and the accused have the right to terminate the informal resolution procedure at any time to pursue a remedy under the formal resolution procedure.
Formal Resolution Procedure
This procedure must be used whenever the informal resolution procedure is not used. 2
REQUIRED Descriptor Code: AAC-BR
Whenever alleged discrimination or harassment may have constituted a crime, the Superintendent should contact law enforcement and enter into a memorandum of understanding concerning sharing of evidence and coordination of the investigation. However, the District shall proceed with its investigation and this resolution procedure, regardless of the criminal investigation or outcome.
The fact-gathering portion of the investigation must be carried out or overseen by the appropriate grievance coordinator and must consist of interviews with the complainant, the accused, and any others who may have witnessed or otherwise have knowledge of the circumstances giving rise to the alleged complaint and may involve gathering and review of information relevant to the complaint. Both the complainant and accused will have equal opportunity to present evidence and name witnesses. Witnesses must be instructed not to discuss this matter with others.
The fact-gathering portion of the investigation must be completed as soon as practical
Investigation Report: After the fact-gathering process is complete, under the formal resolution procedure, the appropriate grievance coordinator shall complete a written report containing a determination of whether allegations were substantiated, whether the nondiscrimination and anti-harassment policy was violated, and recommendations for corrective action, if any. The appropriate grievance coordinator shall assess if discrimination and/or harassment “more likely than not” occurred based on the following criteria:
The investigation report must contain a monitoring plan to evaluate the effectiveness of the resolution and help prevent recurrence.
Disciplinary Action
Any disciplinary action must be carried out in accordance with board policy, law, and, when applicable, the negotiated agreement.
The appropriate grievance coordinator along with the building principal shall determine if a recommendation for expulsion for an accused student should be made.
3
REQUIRED Descriptor Code: AAC-BR The appropriate grievance coordinator along with the Superintendent shall determine if a
recommendation for discharge for an accused employee should be made.
If this recommendation is made and a hearing is required, the hearing must be held in accordance with district policy and law.
Both the complainant and accused shall have an equal right to attend the hearing, have a representative and parent (if student) present, present evidence, and question witnesses.
The complainant may choose to appoint a representative to participate in the hearing in his/her stead.
Notice of Outcome
Both the complainant and the accused must be provided written notice of the outcome of the complaint.
Nothing shall prevent the parties from seeking judicial redress through a court of competent jurisdiction or through any applicable state or federal complaint procedures.
Investigation Materials
Investigation materials must be retained by the appropriate grievance coordinator (Title IX, 504/Title II, or Nondiscrimination) for at least six years.
End of United Public Schools Board Reg. AAC-BR ................................................Approved: Feb.2020
DISCRIMINATION AND HARASSMENT GRIEVANCE PROCEDURE
The following procedure is designed to resolve discrimination, harassment and retaliation complaints by and against students, parents, and third parties, as described in the board’s Nondiscrimination and Anti-Harassment policy (coded AAC), in a prompt and equitable manner. Board policy requires all students and staff to fully cooperate when asked to participate in a discrimination, harassment, or retaliation investigation. The procedure contained in this regulation supersedes the district’s policies regarding complaints about personnel and bullying.
Retaliation Prohibited
The District prohibits retaliation for an individual’s participation in and/or initiation of a discrimination and/or harassment complaint investigation, including instances when a complaint is not substantiated. The consequences for violating this prohibition are delineated in policy AAC.
Complaint Filing Format and Deadlines
A complaint may be filed verbally or in writing and should be filed as soon as possible after the discrimination, harassment, or retaliation allegedly occurred. Delays in filing a complaint may cause difficulties in the investigation.
With Whom Complaints May be Filed
A complaint may be filed with any district employee. District employees are required to report any discrimination or harassment to the appropriate grievance coordinator (Title IX, 504/Title II, or Nondiscrimination) when they knew (e.g., received a complaint, directly observed it) or should have known it was occurring (e.g., overheard students talking about an incident, saw discriminatory or harassing graffiti or vandalism on school property). Failure by a district employee to report under this regulation may result in disciplinary action.
Initiating Complaint Resolution Procedure
After receiving a discrimination and/or harassment complaint or gaining knowledge of potentially discriminatory and/or harassing conduct, the appropriate grievance coordinator shall contact the complainant, determine if an informal or formal investigation is appropriate, and determine if the complainant requests confidentiality. Requests for confidentiality must be handled in accordance with policy AAC.
Prohibition on Meeting with the Accused
At no time during the informal or formal resolution process shall the complainant be required to meet with the accused. If the appropriate grievance coordinator assigned to conduct or oversee the investigation is the accused, the Superintendent, or Board President (if the Superintendent is the accused) shall designate a different individual (which may be a third party) to carry out the accused’s responsibilities associated with the investigation.
Third-Party Assistance
A school official responsible for conducting or overseeing discrimination or harassment investigations is authorized to receive assistance from the district’s legal counsel throughout the process.
1
REQUIRED Descriptor Code: AAC-BR
Investigation Timeframes
The informal resolution procedure must be completed within 30 days of a district employee reporting the complaint or incident to the appropriate grievance coordinator, unless the investigator documents reasons for delays and communicates these reasons to the complainant and accused.
The formal resolution procedure must be completed within 60 days of a district employee reporting the complaint or incident to the appropriate grievance coordinator or a complainant or accused terminating the informal complaint procedure, unless the investigator documents reasons for delays and communicates these reasons with the complainant and accused. Acceptable reasons for delays include extended school breaks when witnesses are not available, and complex cases involving multiple witnesses.
Interim Measures
Pending the final outcome of an informal or formal resolution, the District shall institute interim measures to protect the complainant and inform him/her of support services available. Interim measures may include a district-enforced no contact order, schedule changes, academic modifications for the complainant, and/or school counseling for the complainant. These interim measures should have minimal impact on the complainant. If the accused is a student, interim measures should also take into consideration the accused student’s educational rights.
Informal Resolution Procedure
This procedure may only be used when mutually agreed to by the complainant, the accused and the appropriate grievance coordinator. This procedure may not be used when the alleged discrimination and/or harassment may have constituted sexual violence or any other crime. The formal resolution procedure must be used whenever the informal procedure is not permitted.
During the informal resolution process, the investigator shall gather information necessary to understand and resolve the complaint. Based on this fact-gathering process, the investigator shall propose an informal resolution, which may include requiring the accused to undergo training on discrimination and/or harassment, requiring all students and staff to undergo such training, instituting protection mechanisms for the complainant, and/or holding a formal meeting with the accused to review the nondiscrimination and anti- harassment policy and discuss the implications of violating it. Both the complainant and the accused must agree to the informal resolution before it can be instituted.
The appropriate grievance coordinator shall monitor the implementation and effectiveness of the informal resolution procedure and initiate the formal resolution procedure if discrimination and/or harassment persists.
Both the complainant and the accused have the right to terminate the informal resolution procedure at any time to pursue a remedy under the formal resolution procedure.
Formal Resolution Procedure
This procedure must be used whenever the informal resolution procedure is not used. 2
REQUIRED Descriptor Code: AAC-BR
Whenever alleged discrimination or harassment may have constituted a crime, the Superintendent should contact law enforcement and enter into a memorandum of understanding concerning sharing of evidence and coordination of the investigation. However, the District shall proceed with its investigation and this resolution procedure, regardless of the criminal investigation or outcome.
The fact-gathering portion of the investigation must be carried out or overseen by the appropriate grievance coordinator and must consist of interviews with the complainant, the accused, and any others who may have witnessed or otherwise have knowledge of the circumstances giving rise to the alleged complaint and may involve gathering and review of information relevant to the complaint. Both the complainant and accused will have equal opportunity to present evidence and name witnesses. Witnesses must be instructed not to discuss this matter with others.
The fact-gathering portion of the investigation must be completed as soon as practical
Investigation Report: After the fact-gathering process is complete, under the formal resolution procedure, the appropriate grievance coordinator shall complete a written report containing a determination of whether allegations were substantiated, whether the nondiscrimination and anti-harassment policy was violated, and recommendations for corrective action, if any. The appropriate grievance coordinator shall assess if discrimination and/or harassment “more likely than not” occurred based on the following criteria:
- Whether evidence suggests a pattern of conduct supportive of disproving the
allegations of discrimination and/or harassment or discrimination; - Whether behavior meets the definition of discrimination, harassment, and/or
sexual harassment as defined in board policy; - Ages of the parties involved;
- Relationship between the parties involved;
- Severity of the conduct;
- How often the conduct occurred, if applicable, and;
- How the District resolved similar complaints, if any, in the past.
The investigation report must contain a monitoring plan to evaluate the effectiveness of the resolution and help prevent recurrence.
Disciplinary Action
Any disciplinary action must be carried out in accordance with board policy, law, and, when applicable, the negotiated agreement.
The appropriate grievance coordinator along with the building principal shall determine if a recommendation for expulsion for an accused student should be made.
3
REQUIRED Descriptor Code: AAC-BR The appropriate grievance coordinator along with the Superintendent shall determine if a
recommendation for discharge for an accused employee should be made.
If this recommendation is made and a hearing is required, the hearing must be held in accordance with district policy and law.
Both the complainant and accused shall have an equal right to attend the hearing, have a representative and parent (if student) present, present evidence, and question witnesses.
The complainant may choose to appoint a representative to participate in the hearing in his/her stead.
Notice of Outcome
Both the complainant and the accused must be provided written notice of the outcome of the complaint.
Nothing shall prevent the parties from seeking judicial redress through a court of competent jurisdiction or through any applicable state or federal complaint procedures.
Investigation Materials
Investigation materials must be retained by the appropriate grievance coordinator (Title IX, 504/Title II, or Nondiscrimination) for at least six years.
End of United Public Schools Board Reg. AAC-BR ................................................Approved: Feb.2020