Prohibition of Harassment, Intimidation and Bullying - 3207P
Informal Complaint Process:
Anyone may use informal procedures to report and resolve complaints of harassment, intimidation or bullying (see Policy 3207 for definitions. Policy 3207 and Procedure 3207P prohibit both malicious harassment and sexual harassment.) While it is not required, complainants are encouraged to attempt informal procedures with the guidance of appropriate staff members prior to filing a formal complaint. At the building level, programs shall be established for receiving anonymous complaints. Such complaints must be appropriately investigated and handled consistent with due process requirements. Informal reports may be made to any staff member, although staff shall always inform complainants of their right to, and the process for, filing a formal complaint. Staff shall also direct potential complainants to an appropriate staff member who can explain the informal and formal complaint processes and what a complainant can expect. Staff shall also inform an appropriate supervisor or designated staff person when they receive complaints of harassment, intimidation, or bullying, especially when the complaint is beyond their training to resolve or it alleges serious misconduct.
Informal remedies include an opportunity for the complainant to explain to the alleged perpetrator that the conduct is unwelcome, disruptive, or inappropriate, either in writing or face-to-face; a statement from a staff member to the alleged perpetrator that the alleged conduct is not appropriate and could lead to discipline if proven or repeated; or a general public statement from an administrator in a building reviewing the District harassment, intimidation and bullying policy without identifying the complainant. Informal complaints may become formal complaints at the request of the complainant, parent, guardian, or because the District believes the complaint needs to be more thoroughly investigated.
Formal Complaints:
Anyone may initiate a formal complaint of harassment, intimidation or bullying, even if the informal complaint process is being utilized. Complainants should not be promised confidentiality at the onset of an investigation. It cannot be predicted what will be discovered or what kind of hearings may result. Efforts should be made to increase the confidence and trust of the person making the complaint. The District will fully implement the anti-retaliation provisions of this policy to protect complainants and witnesses. Student complainants and witnesses may have a parent or trusted adult with them, if requested, during any District-initiated investigatory activity. The building principal or designee may conclude that the District needs to conduct an investigation based upon information in his/her possession regardless of the complainant’s interest in filing a formal complaint. The following process shall be followed pertaining to formal complaints:
A. All formal complaints shall be in writing and signed by the complainant [Form 3207(1)]. Formal complaints shall set forth the specific acts, conditions or circumstances alleged to have occurred that may constitute harassment, intimidation or bullying.
B. Formal complaints shall be filed with the building principal. At the time that a formal complaint has been filed, the principal shall notify the District’s compliance officer and send a written copy of the complaint to his/her office. Complaints against the principal may be filed directly with the District’s compliance officer.
C. The District shall investigate all formal, written complaints of harassment, intimidation or bullying, and other information in its possession that it believes requires further investigation. Regardless of the complainant’s interest in filing a formal complaint, the principal or the District’s compliance officer may conclude that the District needs to draft a formal complaint based upon information in their possession.
D. In consultation with the District’s compliance officer, the principal or designee is to investigate student-to-student harassment, intimidation or bullying complaints and take appropriate action. The results of each investigation shall be reported to the District’s compliance officer.
E. The investigation of harassment, intimidation or bullying complaints involving employees shall be referred to the District’s Title IX Officer (compliance officer) who shall consult with building principals and other supervisors and District administrators to coordinate the investigatory efforts.
F. When an investigation is completed the investigator shall compile a full written report of the complaint and the results of the investigation. Within thirty (30) days of the filing of the complaint the investigator shall respond in writing to the complainant stating:
1) That the District needs to take corrective action; or
2) That the investigation is incomplete to date and will be continuing; or
3) That the District does not have adequate evidence to conclude that the bullying, harassment or intimidation occurred.
G. Corrective measures deemed necessary will be instituted as quickly as possible, taking into consideration due process and other lawful rights of the accused.
Appeal Procedures:
If a complainant wishes to appeal the conclusions of the investigator, he/she may file a written appeal [Form 3207(2)] with the Superintendent’s designee within ten (10) calendar days of the receipt of the investigators written response. Form 3207(2) may also be used to file a written appeal if the investigator has not provided a written response to the complainant within thirty (30) days of the filing of a formal complaint. The written appeal shall set forth specific reasons why the complainant disagrees with the response and the relief sought from the District.
Upon receipt of a timely written notice of appeal, the Superintendent’s designee is responsible to select a Hearing Committee and shall schedule a hearing to commence on or before the 20th calendar day following the filing of the written notice of appeal. The principal or site supervisor responsible for compliance and the complainant shall be allowed to present such witnesses and testimony as the Hearing Committee deems relevant and material. The Hearing Committee shall render a written decision and shall provide a copy to all parties on or before the 10th calendar day following the termination of the hearing.
Board Appeal Procedures:
If a complainant wishes to appeal the decision of the Hearing Committee, the complainant has the right to file a written Appeal to the Board of Education on or before the 10th calendar day following the receipt of the decision from the Hearing Committee [Form 3207(3)]. The Board shall schedule a hearing to commence on or before the 20th calendar day following the filing of the appeal to the Board. The Board shall render a written decision and shall provide a copy to all parties involved on or before the 10th calendar day following the termination of the hearing.
If the complainant wishes to appeal the decision of the Board of Education, the complainant has the right to enter into formal complaint procedures with external agencies.
A fixed component of all District orientation sessions for employees, students and regular volunteers shall introduce the elements of this policy. Staff will be provided information on recognizing and preventing sexual harassment and other harassment, intimidation or bullying. Staff shall be fully informed of the formal and informal complaint processes and their roles and responsibilities under the policy and procedure. Certificated or professionally licensed staff shall be reminded of theirlegal responsibility to report suspected child abuse, and how that responsibility may be implicated by some allegations of sexual harassment or other harassment, intimidation or bullying. Classified employees and regular volunteers shall get the portions of this component of orientation relevant to their rights and responsibilities.
Students will be provided with age-appropriate information on the recognition and prevention of sexual harassment and other harassment, intimidation and bullying, and their rights and responsibilities under this and other District policies and rules at student orientation sessions and on other appropriate occasions when parents may also be present. Parents shall be provided with copies of this policy and procedure and appropriate materials on the recognition and prevention of sexual harassment and other harassment, intimidation and bullying.
Annually, the Superintendent or designee shall review the use and efficacy of this policy and procedure. Based on the review, the Superintendent or designee shall prepare a report to the Board of Education including, if necessary, any recommended changes in policy or procedures. The Superintendent is encouraged to involve staff, students, volunteers and parents in the review process.
Date: 3/11/03