Professional Documents
Culture Documents
Regulation 1B.4R
The schools have a duty to ensure an environment free from harassment and discrimination
based on race, color creed, political affiliation, age, national origin, sex, disability or marital
status, or sexual orientation.
I. REPORTING PROCEDURES
A. Filing Complaints
The complainant is encouraged to report immediately the alleged acts to a school division
employee including but not limited to a teacher, supervisor or coach, the building
principal, or the division compliance officer. While the decision to file a report or
complaint initially rests with the complainant, if evidence of harassment or discrimination
comes into the possession of a school employee, there is a duty to report such evidence to
the building principal/assistant principal.
In each school building, the principal or assistant principal will be the person responsible
for receiving written or oral reports of harassment or discrimination. As part of receiving
the report, the principal/assistant principal will necessarily have to make a determination
about the credibility of the reporting party. If there is any credible evidence of
harassment or discrimination, the report must be forwarded to the compliance officer for
further action. In addition, if the principal or assistant principal believe that investigation
is necessary to determine credibility, the report will be forwarded. If an oral report is
given, the principal/assistant principal shall reduce it to written form as soon as
practicable but no later than 2 working days after the oral report is given. It will be
forwarded to the compliance officer. If a written statement is given, it will be forwarded
as soon as practicable by the principal/assistant principal to the compliance officer.
The school division may take immediate steps, at its discretion, to protect from reprisal or
retaliation any complainant, students, teachers, administrators or other school personnel
during the investigation of alleged harassment or discrimination.
Any school employee who observes, overhears, witnesses or otherwise receives credible
evidence of harassment or discrimination which may violate school division policies
must report such actions to the principal or assistant principal, who will then report it to
the compliance officer.
Just as they are expected to uphold the standards of the Student Code of Conduct,
employees who witness student to student harassment or discrimination are expected to
intervene to stop the harassment or discrimination.
Students are reminded that the Student Code of Conduct prohibits harassment and
discrimination. Any student or other person who believes that harassment or
discrimination of a student or other member of the school community has occurred
should file a complaint report with the principal or assistant principal.
If the complainant or the subject is a student under the age of 18, the compliance officer
should notify the involved students parent(s)/guardian(s) unless it is determined not to be
in the students best interest after initial consultation with the student. Both the
complainant and the subject may be accompanied by a person of their choice for support
and guidance during such informal conversations.
If the complainant and the subject feel that a resolution has been achieved, then the
conversation may remain confidential and no further action needs to be taken. The
results of an informal resolution shall be reported by the facilitator, in writing, to the
school principal and will be kept in the compliance officer/designees confidential file.
The record of the informal resolution of a complaint may be disclosed and considered
only if there is a subsequent recurrence of the same or similar actions by the subject.
In that event, the prior informal resolution may be considered when determining school
division action in a subsequent case.
If the complainant, the subject, or the compliance officer/designee, chooses not to utilize
the informal procedure, or feels that the informal procedures is inadequate or has been
unsuccessful, he/she may proceed to the formal procedure.
The informal procedure should occur promptly after the actions complained of, so that the
right to file a formal complaint is not impaired.
In order to accurately and thoroughly investigate allegations and resolve complaints, the school
division encourages complainants to report alleged harassment or discrimination promptly
following the actions, but within thirty calendar days. This time frame may be lengthened for
extraordinary circumstances, but it must be recognized that delay in reporting may diminish the
ability to accurately investigate and resolve the complaint. If the claim concerns an ongoing or
continuous course of conduct, the complaint shall be filed promptly following the latest overt
action but within thirty calendar days. In the case of continuous conduct, if the complaint is
timely made, all of the continuous conduct is subject to investigation and appropriate disciplinary
action.
The confidentiality of the reporting party, and all witnesses, will be observed provided it does
not interfere with the investigation or with the ability to take corrective action.
2. Initial Determination
1 Interviews of all persons who appear to have relevant information about the
claim, which may be recorded. The officer may require persons interviewed to
reduce their information to a signed written statement. Arrangements to conduct
the interview may be made through the persons attorney, if represented.
2 Relevant physical evidence or documents
3 Review of the background of persons involved.
The officer shall summarize the initial determination and shall make proposed
findings, including recommended appropriate action, in a written report no later
than fourteen calendar days from receipt of the complaint. An extension of time
beyond fourteen days is permitted if the number of interviews or complexity of
the fact-finding requires more time to complete. In that event, the officer shall
issue the written report as soon as possible following the completion of the initial
determination.
1. If the officer determines that the complaint, even if proven, does not
constitute harassment or discrimination, the officer shall state the findings
in writing and report them to the Superintendent who may accept or refuse
to accept this determination.
If the committee determines that the complaint, if proven, does not constitute
harassment or discrimination, or that there is insufficient proof that harassment or
discrimination occurred, the committee shall state the findings in writing and
report them, and any recommended action, to the Superintendent.
Unless extended for extraordinary reasons, the three member committee will
complete its fact-finding and issue its written report with recommendations within
thirty working days.
Upon receipt of the compliance officers written report or the three member committees
written report, the Superintendent will take appropriate responsive action. Such response
may include, but is not limited to: counseling, awareness training, parent-teacher
conferences, warning, remediation, suspension, expulsion, transfer, termination or
discharge.
The result of the divisions investigation of each compliant filed under these procedures
will be reported in writing by the division to the complainant and to the subject with due
regard to the protection of privacy and records in accordance with state and federal laws
regarding data and/or records privacy.
V. RETALIATION/REPRISAL
These procedures do not preclude or deny the right of any individual to pursue other
avenues of recourse which may include filing charges with the US Department of
Education Office of Civil Rights, state or local human rights council, initiating civil
action or seeking redress under available state or federal statutes.