IB.4 - Regulation - Harassment and Discrimination - Resolution of Complaints

8/9/2019 IB.4 - Regulation - Harassment and Discrimination - Resolution of Complaints

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FOUNDATIONS SECTION

Regulation 1B.4R

HARASSMENT AND DISCRIMINATION RESOLUTION OF COMPLAINTS

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 maritalstatus, or sexual orientation.

I. REPORTING PROCEDURES

A. Filing Complaints

Complaints concerning discrimination and harassment may be made by students, theirparents, employees of the school system, or other citizens acting on behalf of students or

staff members, to the appropriate compliance officer. Any such person is hereafter

referred to as the complainant and the compliance officer as the officer. The person

accused of committing harassment or discrimination is hereafter referred to as thesubject.

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.

The complainant is encouraged to give a written report of the alleged harassment or

discrimination, but an oral report will be considered as well.

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 forwardedas soon as practicable by the principal/assistant principal to the compliance officer.

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Adopted: 11/5/96 Revised: 6/10/2010

Falls Church City Public Schools


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FOUNDATIONS SECTION

Regulation 1B.4R

Failure to forward any harassment or discrimination report or complaint as providedherein will result in disciplinary action.

If a full investigation is to be held and disciplinary action is to be taken, a formal

complaint must be filed. However, a report can be investigated by the compliance officer

to determine the appropriate action to resolve the report, which may include suggestingan informal resolution or treating the report as a formal complaint.

False charges of harassment or discrimination shall be treated as a serious offense andthose persons making false charges shall be subject to disciplinary action.

If the principal/assistant principal is alleged to be involved, a report of a violation may be

filed directly with the compliance officer. If the complaint is against the compliance

officer the complaint shall be filed with the Superintendent. If the complaint is against

the Superintendent, the complaint shall be filed with the chairman of the School Board.

The compliance officer is available to discuss with a complainant, the principal/assistantprincipal, other reporting party, or the subject, the process of investigating and resolving

a complaint.

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.

B. Employee Duty to Report

Any school employee who observes, overhears, witnesses or otherwise receives credible

evidence of harassment or discrimination which may violate school division policiesmust 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 tointervene to stop the harassment or discrimination.

The principal or assistant principal to whom harassment or discrimination is reported, the

principal or assistant principal must report such action to the compliance officer. In

addition, the principal or assistant principal must take prompt and appropriate action to

stop the harassment or discrimination and to prevent its recurrence

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C. Students and Other Persons Duty to Report

Students are reminded that the Student Code of Conduct prohibits harassment anddiscrimination. 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.

1 II. INVESTIGATION OF COMPLAINTS

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3 A. Informal Procedure to Resolve a Report

It may be possible to resolve a report through a voluntary conversation between thecomplainant and the subject which is facilitated by the compliance officer or designee, or

by a series of conversations, each held with the compliance officer and an administrator

or counselor, but not necessarily with the complainant and subject at the same time.

If the complainant or the subject is a student under the age of 18, the compliance officershould 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 theschool 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 schooldivision 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 theright to file a formal complaint is not impaired.

B. Formal Procedure for Resolving Complaints with Division Compliance Officer

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Regulation 1B.4R

1. Filing

In order to accurately and thoroughly investigate allegations and resolve complaints, the schooldivision 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 theability to accurately investigate and resolve the complaint. If the claim concerns an ongoing orcontinuous 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 disciplinaryaction.

All complaints are to be investigated by the compliance officer in a prompt and

responsible manner, as defined below.

A formal complaint is required for an 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

A. The officer shall immediately undertake or authorize an initial determination. This

determination may be conducted by the compliance officer or by a third party designated

by the school division. The purpose of the initial determination is to gather facts thatwould enable a reasonable person to determine, based on all the facts and surrounding

circumstances, if harassment or discrimination has occurred.

B. The investigator shall consider:

The nature and frequency of the behavior

Whether there were past incidents or past continuing patterns of behavior

The relationship between the parties involved

The race, national origin, sex and age of the complainant(s) and subject(s)

The identity of the subject, including whether the subject was in a position of power

over the person allegedly subject to harassment or discrimination

Where the harassment or discrimination is alleged to have occurred

Whether there have been other incidents in the school involving the same or otherpersons

Whether the conduct adversely affected the complaining students education or

educational environment

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Regulation 1B.4R

Whether the conduct adversely affected the complaining employees work safety or

work environment

The context in which the alleged incidents occurred.

C. The initial determination may include:

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 conductthe interview may be made through the persons attorney, if represented.

2 Relevant physical evidence or documents

3 Review of the background of persons involved.

D. Findings and Report of the Initial Determination

The officer shall summarize the initial determination and shall make proposed

findings, including recommended appropriate action, in a written report no laterthan fourteen calendar days from receipt of the complaint. An extension of time

beyond fourteen days is permitted if the number of interviews or complexity ofthe 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.

The officers written report will make one of three conclusions:

1. If the officer determines that the complaint, even if proven, does notconstitute harassment or discrimination, the officer shall state the findings

in writing and report them to the Superintendent who may accept or refuseto accept this determination.

2. If the officer determines that the complaint clearly constitutes harassment

or discrimination, the officer shall state the findings and recommendedappropriate action in writing, to the Superintendent

3. If the officer determines that the complaint likely constitutes harassmentor discrimination but requires more investigation by a three member

committee, the compliance officer will request appointment of two

additional employees who have been trained in investigating complaints.

Further investigation will be conducted by the three member committee.

3. Investigation by Three Member Committee

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The three member committee, once appointed, will continue the fact-findinginvestigation. The committee will consider all the relevant factual evidence and

surrounding circumstances including all interviews, tape recordings, physical

evidence, and other matters relied upon in the initial determination. Thecommittee will consider all other additional information deemed relevant.

If the committee determines that the complaint, if proven, constitutes harassmentor discrimination, the committee shall state the findings in writing and report

them, and any recommended action, to the Superintendent.

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 withinthirty working days.

III. SUPERINTENDENTS ACTION

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.

In determining what is an appropriate response, the Superintendent shall consider: what

response is most likely to end any ongoing harassment or discrimination; whether a

particular response is likely to deter similar future conduct by the subject or others; the

amount and kind of harm suffered by the complainant; the identity of the subject and

his/her position in the school community; whether the harassment or discrimination was

engaged in by school personnel, and if so, the Superintendent will also consider how best

to remedy the effects of the harassment or discrimination.

The Superintendents response to actions which violate the non-discrimination policieswill follow the procedural steps which govern employee grievances (Policy 8.36

Grievance Procedures) and student discipline actions (Policy 9.26 Suspension &

Expulsion and Policy 9.34 Student Code of Conduct). All procedural steps, includingappeal to the School Board, are governed by those policies.

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Regulation 1B.4R

If the Superintendent believes that further investigation is warranted, she/he may remand

the matter to the compliance officer or to the three member committee for such action.

Such further investigation will be completed within ten (10) working days.

IV. REPORT TO THE COMPLAINANT AND SUBJECT

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 lawsregarding data and/or records privacy.

V. RETALIATION/REPRISAL

Any individual filing a good faith complaint about harassment or discrimination, ortestifying, assisting or participating in a proceeding, investigation or hearing related to

such harassment or discrimination complaint, is assured that the school division will nottolerate any retaliation for his/her actions.

Retaliation, or encouragement of retaliation, against anyone reporting or thought to have

reported harassment or discrimination is prohibited. Retaliation includes, but is not

limited to, any form if intimidation, reprisal or harassment. Individuals who retaliate, or

who encourage retaliation, will be subject to discipline up to and including expulsion or

discharge. Such retaliation shall be considered a serious and independent violation of the

school division policies.

VI. RIGHT TO OTHER REMEDIES

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.

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IB.4 - Regulation - Harassment and Discrimination - Resolution of Complaints

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