2403-R - Employee & Third Party Discrimination and Harassment Complaint Procedure

 

 

 

 

 

 

 

 

1. 1. Determine what remedial action, if any, is required to end the discrimination or harassment, remedy its effect and prevent recurrence.
   2. Determine what disciplinary action should be taken against the person(s) who engaged in discrimination or harassment, if any; and

1. 1. Supportive measures are individualized measures designed to ensure the employee can continue to access and perform their work (such as requiring no contact between individuals, temporarily moving work locations or changing schedules, etc.).
   2. Supportive measures may be continued even if the alleged victim chooses not to file a formal complaint, if appropriate under the particular circumstances.

• • • Notice regarding the complaint procedure and the availability of an informal resolution process;
      
    • Sufficient details known at the time (including identities of parties, if known; the conduct alleged; and the date and location of the alleged incident, if known), with sufficient time to prepare before any initial interview (not less than five business days);
      
    • As required by the Title IX regulations, a statement that the respondent is presumed not responsible for the alleged conduct and that a determination of responsibility will be made at the conclusion of the complaint); and that the parties may
      inspect and review evidence;
      
    • Notice that the parties may each have an advisor of their choice (who may be an attorney), and that the parties may inspect and review evidence;
      
    • Notice that knowingly making false statements or submitting false information during the complaint procedure is prohibited and may result in disciplinary action; and
      
    • Notice of the name of the investigator, with sufficient time (no less than three calendar business days) to raise concerns of conflict of interest or bias.
      

1. 1. Meet with each party after they have received appropriate notice of any meeting and its purpose, with sufficient time to prepare.
   2. Allow parties to have their advisor at all meetings related to the complaint, although advisors may not speak on behalf of a party or interfere with the process.
      
   3. Allow parties a reasonable opportunity to identify witnesses and submit favorable and unfavorable evidence.
      
   4. Interview witnesses and conduct such other activities that will assist in ascertaining facts (site visits, review of documents, etc.).
      
   5. Consider evidence that is relevant and directly related to the allegations in the formal complaint.
      
   6. During the course of the investigation, provide both parties with an equal opportunity to inspect and review any evidence that is obtained in the investigation that is directly related to the allegations in the formal complaint (including evidence which the school district does not intend to rely upon in reaching a determination of responsibility), and favorable and unfavorable evidence.
      
   7. Prior to completion of the investigation report, provide each party and advisor (if any) the evidence subject to inspection and review, and provide the parties with ten business days to submit a written response.
      
   8. Consider the parties’ written responses to the evidence prior to completing the investigation report.
      
   9. Create an investigative report that fairly summarizes relevant evidence and send the report to the parties and advisors (if any), for their review and written responses within ten business days of receipt.
      
   10. After receipt of the parties’ written responses (if any), forward the investigation report and party responses to the assigned decision maker.
       

1. 1. The decision maker shall explain to a party proposing questions if the decision maker excludes a question as not relevant.
      

1. 1. Identification of all the allegations potentially constituting sexual harassment as defined in the Title IX regulations and this policy;
      
   2. A description of the procedural steps taken from receipt of the formal complaint through the determination, including notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and meetings held;
      
   3. A determination regarding responsibility as to each allegation and findings of fact supporting the determinations;
      
   4. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the school district imposes on the respondent, and whether remedies designed to restore or preserve equal access to the school district’s programs and activities will be provided to the complainant;
      
   5. The school district’s appeal procedure and permissible bases for the parties to appeal the determination.
      

• • • Written warning.
      
    • Probation.
      
    • Demotion.
      
    • Suspension without pay.
    • Discharge.

• • • Performance improvement plan.
      
    • Counseling.
      
    • Training.
      
    • Loss of leadership/stipend position.