Formal Complaint Process
Level One – Complaint to School District
Anyone may initiate a formal complaint of discrimination even if the informal complaint process was initially utilized. All formal complaints shall be in writing; shall be signed by the complainant; and shall set forth the specific acts, conditions, or circumstances alleged to have occurred that constitute discrimination. Formal complaints may be addressed to the Civil Rights Coordinator, Title IX Coordinator, or Section 504/ADA Coordinator.
Complainant shall be informed that due process requirements may require that the District release all of the information regarding the complaint to the accused, thus the identity of the complainant may not remain confidential. The District will, however, fully implement the anti-retaliation provisions contained within District policy to protect both complainants and witnesses.
Upon receipt of the complaint, the Coordinator to whom the complaint was brought will initiate an investigation into the allegations and effect a prompt resolution of the complaint. The Coordinator to whom the complaint was brought will respond in writing to a formal complaint no later than thirty (30) calendar days following the district's receipt of the complaint, unless otherwise agreed to by the complainant. The written response shall clearly state whether the District:(1) Denies the allegations contained in the complaint; or (2) Confirms the allegations and lists the corrective measures that the District intends to take to eliminate the discrimination. The response shall also include notice of the complainant's right to appeal to the school district as set forth in state law and this policy, including an identification of where and to whom the appeal shall be filed.
Corrective measures deemed necessary by the Coordinator, in consultation with other appropriate District staff, will be instituted as quickly as possible, but in no event later than thirty (30) calendar days after the written response, unless the accused is appealing the imposition of discipline and the District is prevented by due process considerations or a lawful order from imposing the discipline until the appeal process is concluded.
Level Two - Appeal to School District
If a complainant remains aggrieved as a result of the action or inaction of the Coordinator, the complainant may appeal to the Superintendent’s office by filing a written notice of appeal with the Superintendent’s office on or before ten (10) calendar days following the date upon which the complainant received the Coordinator’s response. Both parties shall be allowed to present such written facts, witness statements, or other documentation as the Superintendent or designee deems relevant and material. Unless otherwise agreed to by the complainant and the Superintendent or designee or for good cause, the Superintendent or designee shall render a written decision on or before thirty (30) calendar days following the filing of the written notice of appeal. The decision will be provided in a language that the complainant can understand which may require language assistance for complainants with limited English proficiency. The written decision shall include notice of the complainant's right to appeal to the Office of the Superintendent of Public Instruction as set forth below.
Level Three - Complaint to the Superintendent of Public Instruction
If a complainant remains aggrieved as a result of the decision in resolving a complaint, the complainant may appeal to the Office of the Superintendent of Public Instruction by filing a written notice of appeal by twenty (20) calendar days following the date upon which the complainant received written notice of the Superintendent’s decision. Such appeal shall be in writing, include a concise statement of the Superintendent’s decision that is being appealed, and the relief requested.
Mediation
At any time during the complaint procedure, the district may offer mediation consistent with the procedures set forth in WAC 392-190-0751. The complainant and the district may agree to extend the complaint process deadlines in order to pursue mediation.
The purpose of mediation is to provide both the complainant and the district an opportunity to resolve disputes and reach a mutually acceptable agreement through the use of an impartial mediator.
Discipline/Remedial/Action
The District will take prompt, equitable, and remedial action within its authority on formal and informal complaints alleging discrimination that come to the attention of the District. Engaging in discrimination will result in appropriate discipline or other sanctions against offending staff. Others who engage in discrimination on District property or while at District activities may have access to District property and activities restricted or contracts cancelled, as appropriate. The District affirms its commitment that persons found to have been subjected to discrimination will have appropriate District services made reasonably available to them and adverse consequences of the discrimination shall be reviewed and remedied as appropriate.
Adopted:
06/14/16