NORTH PENN SCHOOL DISTRICT
Administrative Regulations
4160(a)
PERSONNEL
Reference: Board Policy # 4160 & 4316
Professional and Support
Employment Complaints - Discrimination
The following procedures shall be used when a district employee or job applicant has a complaint
alleging that a specific action, policy, procedure or practice discriminates against him/her on any
basis specified in the district’s nondiscrimination policy.
The complaint should be initiated promptly after a complainant knew, or should have known, of the
alleged discrimination.
When a complaint is brought against an individual responsible for investigating the complaint, the
complainant, may initiate or bring the complaint to the accused’s immediate supervisor. .
All documents, communications and records dealing with the investigation of the complaint shall be
placed in a confidential district personnel complaint file and not in the employee’s individual
personnel file.
Step 1 - Reporting
An employee or third party, who believes she/he has been subject to conduct that constitutes a
violation of this policy, is encouraged to immediately report the incident to the district compliance
officer (manager of human resources) except in circumstances set forth above..
The complainant is encouraged to put the complaint in writing. However, oral complaints are also
acceptable. Ultimately, all complaints must be filed in writing.
The written complaint shall include the following:
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the complainant’s name, address, and telephone number;
the name and work location of the district staff member who committed the alleged violation;
a description of the alleged discriminatory act(s) or omissions(s);
the discriminatory basis alleged;
a specific description of the date, time, place, nature, participants in, and witnesses to the
alleged violation;
other pertinent information which may assist in investigating and resolving the complaint;
and
the complainant’s signature or that of his/her representative.
The district compliance officer shall assign a staff member to assist the complainant with this writing
if such help is needed. The district compliance officer shall respond to the complaint as promptly as
possible.
Step 2 – Investigation
Should the building principal/supervising administrator receive a complaint, they will immediately
notify the district compliance officer. The district compliance officer or designee will investigate the
complaint.
CONTINUED
ADM. REG. 4160
12/11/08 srk
4160(b)
The investigation may consist of individual interviews with the complainant, the accused, and others
with knowledge relative to the incident. The investigator may also evaluate any other information
and materials relevant to the investigation.
The obligation to conduct this investigation shall not be negated by the fact that a criminal
investigation of the incident is pending or has been concluded.
The district shall conduct any investigation necessary to promptly respond to the complaint,
including discussion with the complainant, person(s) involved, appropriate staff members and
students, and all other relevant documents. If a response from third parties is necessary, the
district’s compliance officer may require additional days for investigation of the complaint.
Step 3 – Investigative Report
The district compliance officer or designee shall prepare a written report within fifteen (15) days,
unless additional time to complete the investigation is required. The report shall include a summary
of the investigation, a determination of whether the complaint has been substantiated as factual and
whether it is a violation of this policy, and a recommended disposition of the complaint.
The findings of the investigation shall be provided to the complainant, the accused, and the district
compliance officer.
Step 4 – District Action
If the investigation results in a finding that the complaint is factual and constitutes a violation of this
policy, the district shall take prompt, corrective action to ensure that such conduct ceases and will
not recur.
Disciplinary actions shall be consistent with the board policies and district procedures, applicable
collective bargaining agreements, and state and federal laws.
If it is concluded that an employee has knowingly made a false complaint under this policy, such
employee shall be subject to disciplinary action.
Appeal Procedure
1. If the complainant is not satisfied with a finding of no violation of the policy or with the
corrective action recommended in the investigative report, he or she may submit a written
appeal to the district compliance officer within fifteen (15) days.
2. The district compliance officer shall review the investigations and the investigative report
and may also conduct a reasonable investigation.
3. The district compliance officer shall prepare a written response to the appeal within fifteen
(15) days. Copies of the response shall be provided to the complainant, the accused, and
designee who conducted the initial investigation.
4.
If the district compliance officer conducted the initial investigation, the appeal should be
submitted to the superintendent or designee.
Initiated: December 11, 2008
ADM. REG. 4160
12/11/08 srk