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(See BCBI, DE, GAAC, GAACA, GAAB, GAAF, IF, IKD, JCE, JGEC, JGECA, and KNA)
General Complaints
The board encourages all complaints regarding the district to be resolved at the lowest possible administrative level. If the investigation and determination procedures of a complaint are not regulated I another board policy or the negotiated agreement, as applicable, it will be designated as a general complaint subject to processing under this policy. Whenever a general complaint is made directly to the board as a whole or to a board member as an individual, it will be referred to the administration for study and possible resolution pursuant to the procedures outlined in this policy
Informal Procedures
The building principal shall attempt to resolve complaints or harassment in an informal manner at the building level. Any school employee who receives complaint of such discrimination or harassment from a student, another employee, or any other individual shall inform the individual or the employee’s obligation to report the complaint and any proposed resolution of the complaint to the building principal. Upon becoming aware of a complain, the building principal shall, within a reasonable time, but without delay, discuss the complaint with the individual to determine if it can be resolved. If the matter is resolved to the satisfaction of the individual, the building principal shall document the nature of the complaint and the proposed resolution and forward this record to the district compliance coordinator.
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If the matter is not resolved to the satisfaction of the individual in the meeting with the principal, or if the individual does not believe the resolution remains acceptable, the individual may initiate a formal complaint.
The Formal Complaint
A formal complaint shall be filed within 10 school days of the conclusion of the informal procedures. The formal complaint shall be in writing and contain the name and address of the person filing the complaint. The complaint shall briefly describe the alleged violation. If an individual does not wish to file a written complaint, and the matter has not been adequately resolved through the informal procedures, the building principal may initiate the complaint. Forms for filing written complaints are available in each school building office and the central office.
If appropriate, an investigation shall follow the filing of the complaint. If the complaint is against the superintendent, the board shall appoint an investigating officer. In other instances, the investigation shall be conducted by the building principal, the compliance coordinator, or another individual appointed by the board or superintendent. The investigation shall be informal but thorough. The complainant and the respondent, will be afforded an opportunity to submit written or oral evidence relevant to the complaint and to provide the names of potential witnesses who may have useful information.
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A written determination of the complaint’s validity and a description of the resolution shall be issued by the investigator, and forwarded to the complainant and the respondent. If the investigator anticipated a determination will not be issued within 45 days after the filing of the complaint, the investigator shall provide written notification to the parties including an anticipated deadline for completion.
If the investigation results in a recommendation that a student or staff member be subject to discipline, the specifics will not be included in the written determination provided to the parties to protect the privacy rights of the student or staff member.
If the investigation results in a recommendation that a student be suspended or expelled, procedures outlined in board policy and state law governing student suspension and expulsion will be followed.
If the investigation results in a recommendation that an employee be suspended without pay or terminated, procedures outlined in board policy, the negotiated agreement (as applicable), and state law will be followed.
Records relating to complaints filed and their resolution shall be forwarded to and maintained in a confidential manner by the district compliance coordinator.
Appeal Procedures
The complainant or respondent may appeal the determination of the complaint. Appeals shall be heard by the district compliance coordinator, a
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hearing officer appointed by the board or the superintendent, or by the board itself. The request to appeal the resolution shall be made with 20 days after the date of the written resolution of the complaint at the lower level. The appeal officer shall review the evidence gathered by the investigator at the lower level and the investigator’s report and shall afford the complaint and the respondent and opportunity to submit further evidence, orally or in writing, within 10 days after the appeal is filed. The appeal officer will issue a written determination of the complaint’s validity on appeal and a description of its resolution within 30 days after the appeal is filed.
· Use of this complaint procedure is not a prerequisite to the pursuit of any other remedies including the right to file a complaint with the Office for Civil Rights of the U.S. Department of Education, the Equal Employment Opportunity Commission, or the Kansas Human Rights Commission.
If it is determined at any level that discrimination or harassment has occurred, the district will take prompt, remedial action to prevent reoccurrence. The district prohibits retaliation or discrimination against any person for opposing discrimination, including harassment; for participating in the complaint process; or making a complaint, testifying, assisting, or participating in any investigation, proceeding, or hearing.
Complaints Against the Superintendent
A complaint against the superintendent shall be filed in writing with the clerk of the board of education as soon as possible after the conduct occurs that led to filing a complaint but not later than 20 days after the complainant
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becomes aware of the alleged violation, unless the conduct forming the complaint is ongoing. The board, or the board’s designee, shall investigate the complaint. If the board appoints a designee to conduct the investigation, the designee shall submit a report of the designee’s findings upon which the board will decide the complaint. The board shall review the report and decide the matter as soon as reasonable possible by not later than sixty (60) days after the complaint is filed. After the board has reviewed the report, it may, in its sole discretion, request a meeting with the investigator or any party. The board may extend the timeframe for issuing a decision by providing the complainant with written notice of the proposed decision date. There is no appeal form the board’s decision.
Complaints About Discrimination on the Basis of Sex
Complaints regarding alleged discrimination on the basis of sex, as prohibited by Title IX of the Education Amendments of 1972 and other federal
and state laws regulating such discrimination and discriminatory harassment, shall be handled in accordance with the procedures outlined in board policies GAAC, for staff, and JGEC, for students, and shall be directed to the Title IX5 Coordinator at Superintendent of Schools, 521 N. Main Street, Sharon Springs, KS 67758.
Complaints About Discriminatory Harassment Not on the Basis of Sex
Discrimination against any individual on the basis of race, color, national origin, sex, disability, age, genetic information, or religion in the admission to, access to, treatment, or employment in the district’s programs and activities is prohibited. The Superintendent of Schools, 521 N. Main Street. Sharon Springs, KS 67758. Has been designated to coordinate compliance with nondiscrimination requirements contained in Title VI and Title VII of the Civil Rights Act of 1964 (with the exception of discrimination on the basis of sex), section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, the Personal Responsibility Work Opportunity Reconciliation Act of 1996, and the Food Stamp Act of 1977, as amended.
For more information regarding what qualifies as discrimination or harassment on the basis of race or disability, see board policies GAACA applying to staff members and JGECA applying to students.
For information regarding the investigation or resolution process for complaints of discrimination or discriminatory harassment not involving sex-based conduct or district child nutrition programs, see board policies GAAB for staff members and JCE for students.
Complaints Concerning Child Nutrition Programs
Complaints alleging discrimination in child nutrition programs offered by the district shall be handled in accordance with the procedures outlined in board policy KNA.
Complaints About Policy
The superintendent shall report any unresolved complaint about policies to the board at the next regularly scheduled board meeting.
Complaints About Curriculum
The superintendent shall report a failure to resolve any complaint about curriculum to the board at the next regularly scheduled board meeting. See board policy IF for complaints dealing with textbooks and instructional materials.
Complaints About Instructional Materials
The building principal shall report any unresolved complaint about instructional materials to the superintendent promptly after receiving the complaint. See board policy IF.
Complaints About Facilities and Services
The superintendent shall report any unresolved complaint about facilities and services to the board at the next regularly scheduled board meeting.
Complaints About Personnel
The superintendent or the building principal involved shall report any unresolved complaint about personnel to the board at the next regularly
scheduled board meeting.
Complaints About Emergency Safety Intervention Use
Complaints concerning the use of emergency safety interventions by district staff shall be addressed in accordance with the local dispute resolution process outlined in board policy GAAF.
Complaints About School Rules
Any student may file a complaint with the principal concerning a school rule or regulation as it applies to the student. The complaint shall be in writing, filed within 20 days following the application of the rule of regulation, and must specify the basis for the complaint. The principal shall investigate the complaint and inform the student of the resolution within 10 days after the complaint is filed.
Approved:
KASB Recommendation – 9/97; 8/98; 3/00; 4/07; 6/13; 6/15; 6/20; 7/20; 9/21; 12/22;12/24.
KNA Complaints Regarding Child Nutrition Programs KNA
Discrimination against any individual on the basis of race, color, national origin, sex, disability, age, or retaliation for prior civil rights activity in any program or activity conducted or funded by the United States Department of Agriculture is prohibited. Superintendent has been designated to coordinate compliance with nondiscrimination requirements contained in Title VI of the Civil Rights Act of 1964, Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, Age Discrimination Act of 1975, Personal Responsibility Work Opportunity Reconciliation Act of 1996, and the Food Stamp Act of 1977, as amended.
Complaints About Discrimination in Child Nutrition Programs
To file a complaint of discrimination regarding child nutrition programs offered by the district, complete the USDA Program Discrimination Complaint Form (AD-3027) at: http://www.ascr.usda.gov/complaint_filing_cust.html; or
write a letter and provide the information requested in the form. To request a complaint form, call (866) 632-9992.
Submit the completed form to:
U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410.
FAX: (202) 690-7442
Email: program.intake@usda.gov
Approved:
KASB Recommendation – 6/20; 9/21