Code: KL-AR(1)
Revised/Reviewed: 8/19/10; 2/21/13; 12/11/14;
1/22/15
Public Complaint Procedure
Complaint Procedure(s)
Complaints lodged by constituents, parents/guardians, students or staff regarding a problem or difficulty
related to the district educational processes, services, personnel and/or operational actions and/or decisions,
may be made formally or informally. If an individual wishes to file a formal complaint, that complaint
must be filed in writing to the appropriate 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 and contractual and relevant 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 cannot be filed on behalf of someone else’s
circumstances or on behalf of a group.
Complaints unrelated to an 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 Actions/Decisions
The district shall process complaints related to district actions or decisions in accordance with procedures
described in policy KL - Public Complaints. Since district level actions and decisions are made through a
central decision-making process and can impact students and staff beyond a single site, any person
requesting such a formal complaint will refer the complaint to the appropriate district level or central office
administrator or supervisor most closely associated with the action or decision. The administrator or
supervisor will communicate with the complainant(s) and make every attempt to resolve the issue. In the
event resolution does not result from such communication efforts, the complainant may choose to move to
step 3 as listed in this Board administrative regulation, KL - Public Complaint Procedure.
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
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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.
Complaint Process
1.
School Level: General
The responsible administrator shall encourage any parent/guardian, 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.
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. Following the
completion of the investigation, the administrator will render a decision within 10 working days.
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 five 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 five working days, may refer the complaint to the principal for
review. Decisions regarding complaints about athletic issues will be made by the principal. The
decision of the principal is final.
2.
District Level
If the complainant or the employee is dissatisfied with the decision rendered at the school level
(excluding athletics), 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.
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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 the complaint in which case 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. The final determination will be in writing and will clearly establish the legal
basis for the decision, findings of fact and conclusions of law.
For complaints that may be appealed to the Oregon Department of Education pursuant to Oregon
Administrative Rule (OAR) 581-022-1940, the complainant shall be given notice of the right to
appeal the final decision to the Oregon Department of Education under OAR 581-022-1940.
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 U.S. Constitution and respective collective
bargaining agreements.
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