North Clackamas School District 12 Code: KL-AR(1) Revised/Reviewed: 8/19/10 Public Complaint Procedure Complaint Procedure(s) Complaints lodged by constituents, parents, students or staff regarding a district employee or in relation to district action may be made formally or informally. If an individual wishes to file a formal complaint, that complaint must be filed in writing to the building administrator or supervisor. The complainant should utilize the complaint form found in administrative regulation KL-AR(2) – Complaint Form. The district shall adhere to legal, contractual and policy mandated in processing complaints. A complainant may only bring an individual complaint forward regarding their own situation or, as appropriate, on behalf of their own student. Complaints can not be filed on behalf of someone else’s circumstances or on behalf of a group. Complaints unrelated to a district employee’s performance shall be processed by the district employee most familiar with the subject matter and in accordance with any applicable district policy. To bring about resolution in a timely manner, complaints will be processed regarding situations occurring in the past 12 months or current school year. Complaints Against District Employees The district shall process complaints regarding licensed and classified employees in accordance with procedures outlined in applicable collective bargaining agreements. As such, the district is contractually prohibited from processing anonymous complaints beyond parameters outlined in these agreements. Board members shall refer persons making complaints about the school or district operations to the principal, supervisor or appropriate district personnel. Persons making complaints about the principal shall be directed to the supervisor. Complaints concerning central administration shall be directed to the superintendent. Complaints concerning the superintendent shall be directed to the Board chair. 1. School Level The responsible administrator shall encourage any parent, student or other person who has a complaint about a district employee to discuss the complaint directly with the employee in confidence and not in the presence of others. If the complaint is not resolved informally by the parties, the complainant or the employee may submit the matter to the principal within 10 working days of the informal conference (or to the immediate supervisor when the employee is not directly assigned to a school). If the principal or supervisor determines that the complaint may have validity and could affect the person’s employment, a conference will be scheduled so that both parties can present information concerning the complaint. Public Complaint Procedure - KL-AR(1) 1-3 When the complaint is investigated and found to be invalid or regards a less serious matter that would not affect employment status, the principal or supervisor may attempt to resolve the complaint without a conference attended by both parties and shall exercise discretion as to whether to share the complaint with the employee. Complaints deemed invalid or less serious may later be deemed valid and to affect employment by nature of subsequent complaints of a similar nature. 2. District Level If the complainant or the employee is dissatisfied with the decision rendered at the school level, either person may, within 10 working days, submit that complaint in writing to the superintendent or his/her designee. The superintendent or his/her designee will investigate the complaint. As part of the investigation of the complaint, the superintendent or designee may invite the employee and the complainant to a conference in an effort to resolve the conflict. Following the completion of the investigation, the superintendent will render a decision within 10 working days. In arriving at his/her decision, the superintendent will consider the nonbinding recommendation of a designee if one has been appointed to investigate the complaint. Refusal of any party to the dispute to attend a conference shall not prohibit the superintendent or designee from meeting with other parties to the dispute or from making an independent judgment about the validity of the complaint. 3. Board Level If the complainant or the employee is dissatisfied with the decision of the superintendent, he/she may within 10 working days file a written, request for appeal to the Board in care of the superintendent unless the superintendent is the subject of complaint then the request for appeal is submitted to the Board chair. The superintendent shall provide the Board with copies of the complaint. If the Board decides to provide the complainant or employee with an opportunity to be heard, the date will be set as part of the next regularly scheduled Board meeting and concerned parties will be notified. The Board will discuss a complaint against an employee only in executive session, as provided in Oregon Revised Statutes, unless the employee requests the matter be discussed in open session. The final determination shall be made within 20 working days from the hearing of the appeal to the Board. 4. School Level: Athletics When the complaint involves an athletics issue, the complainant shall approach the coach directly to resolve the matter informally. If the complaint is not resolved informally by the parties, the complainant or the employee may submit the matter to the athletic director within 5 working days of the informal conference for resolution. If the athletic director determines that the complaint may have validity and could affect the person’s employment, a conference will be scheduled so that both parties can present information concerning the complaint. If the complainant is dissatisfied with the handling and/or resolution of the complaint by the athletic director, the complainant, within 5 working days, may refer the complaint to the principal for review Decisions regarding complaints about athletic issues will be made by the principal. Public Complaint Procedure - KL-AR(1) 2-3 Complaints Made Directly to Board Members When a complaint about an employee is made initially to a Board member or to the Board as a whole, the complaint process shall be explained to the person and he/she will be directed to follow procedures. These procedures are subject to and shall not deprive employees of their rights and due process provided under Oregon Revised Statutes, the Oregon Constitution, the US Constitution and respective collective bargaining agreements. Public Complaint Procedure - KL-AR(1) 3-3