5010 Procedure-1 – Resolving Equal Employment Opportunity Complaints

To ensure fairness and consistency, the following review procedure is to be used with regard to complaints covered by the district’s Affirmative Action Plan and/or state and federal equal employment opportunity laws, including the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act, Titles VII and IX of the Civil Rights Act, the Washington Law Against Discrimination, and Chapter 392-190 WAC.  No staff member’s status with the district shall be adversely affected in any way because the staff member utilized these procedures.

LEVEL I:  Informal Resolution

With regard to ADA matters, a distinction is made between a request for accommodation and a complaint.  A request for accommodation should be submitted to the executive director of Human Resources.  The parties should cooperate to resolve any issues of accommodation through an interactive process prior to implementing the formal procedures outlined in Level II.  A complaint is to be filed only in the event there is a complaint of noncompliance after a request for accommodation has been made.

An employee may complain informally to his or her supervisor or the Affirmative Action Officer about any alleged noncompliance with equal employment opportunity or equal access laws.  The assistant superintendent of Human Resources or a designee will attempt informally to resolve the complaint and shall notify the complainant within thirty (30) days of a proposed resolution.

LEVEL II:  Formal Complaints

A.      The Affirmative Action Officer or designee shall investigate all written allegations of noncompliance or discrimination and shall coordinate reasonable procedures to effect a prompt resolution of the complaint.

B.      Complaints shall:

1.       Be in writing.

2.       Be signed by the complainant.

3.       Set forth specific acts, conditions or circumstances alleged to be in violation of the district’s obligations in regard to discrimination, accessibility, and/or accommodation.

4.       Be filed with the Affirmative Action Officer as soon as possible following the alleged discrimination or harassment.

C.      Upon completion of the investigation, the Affirmative Action Officer shall provide the superintendent with a full written report of the complaint and the results of the investigation, unless the matter is resolved to the satisfaction of the complainant prior to the submission of a full written report.

D.      In cases where no mutually agreed upon resolution is reached, the superintendent shall respond in writing to the complainant as expeditiously as possible but in no event later than thirty (30) calendar days following receipt of the written complaint, unless otherwise agreed to by the complainant.

E.      The response by the superintendent shall state either:

1.       The school district denies the allegations contained in the complaint; or

2.       The reasonable corrective measures deemed necessary to eliminate any such act, condition or circumstance within the district.

The superintendent’s response will include notice of the complainant’s right to appeal to the district’s board of directors, and will identify where and to whom the appeal must be filed, as set forth in Level III below.

F.      Any corrective measures deemed necessary shall be instituted as expeditiously as possible but in no event later than thirty (30) calendar days following the superintendent’s mailing of a written response to the complainant, unless otherwise agreed to by the complainant.

LEVEL III:  Appeal to the Board of Directors

A.      In the event a complaining party remains aggrieved following a written response from the superintendent, the complainant may appeal to the district’s board of directors by filing a written notice of appeal with the secretary of the board of directors on or before the tenth (10th) calendar day following:

1.       The date upon which the complainant received the superintendent’s written response; or

2.       The expiration of the thirty (30) calendar day response period in Section D above, if no response is issued by the superintendent.

B.      Upon receipt of an appeal, the board of directors shall schedule a hearing to commence on or before the twentieth (20th) calendar day following the filing of the written notice of appeal, unless otherwise agreed to by the complainant and the superintendent, or for good cause.

1.       Both parties shall be allowed to present such witnesses and testimony as the board of directors deems relevant and material.

2.       Unless otherwise agreed to by the complainant and the superintendent, or for good cause, the board of directors shall render a written decision on or before the tenth (10th) calendar day following the termination of the hearing and shall provide a copy to all parties involved.  The written decision will include notice of the complainant’s right to appeal to the superintendent of public instruction (SPI), and where and to whom the appeal must be filed, as set out in Level IV below.

LEVEL IV:  Appeal to the Superintendent of Public Instruction

A.      In the event a complainant disagrees with the decision of the board of directors, the complainant may appeal the board’s decision to the SPI.

1.         A written notice of appeal must be received by the SPI on or before the twentieth (20th) calendar day following the date upon which the complainant received written notice of the board of directors’ decision.

2.         A written notice of appeal must set forth:

a.         a concise statement of the portion(s) of the board of directors’ decision being appealed, and

b.         the relief requested by the complainant.

 

NOTE: The complaint procedure outlined above does not prohibit the processing of grievances by an employee bargaining representative and/or a member of a bargaining unit pursuant to grievance procedures established in applicable Collective Bargaining Agreements.

Adopted: 10/09/03; 10/29/13; 04/29/14
Revised: 08/25/15