Bluestem USD 205
Complaint Resolution Procedure

Informal Complaint Procedure

The building principal shall attempt to resolve complaints of discrimination or harassment in an informal manner at the building level. Any school employee who receives a complaint of discrimination or harassment from a student, another employee or any other individual shall inform the individual of the employee’s obligation to report the complaint and any proposed resolution of the complaint to the building principal. The building principal shall discuss the complaint with the individual to determine if it can be resolved. If the matter is resolved to the satisfaction of the individual, the building principal shall document the nature of the complaint and the proposed resolution of the complaint, and forward this record to the superintendent. Within 20 days after the complaint is resolved in this manner, the superintendent shall contact the complainant to determine if the resolution of the matter remains acceptable. If the matter is not resolved to the satisfaction of the individual in the meeting with the superintendent, or if the individual does not believe the resolution remains acceptable, the individual may initiate a formal complaint.

Formal Complaint Procedure

• A formal complaint should be filed in writing and contain the name and address of the person filing the complaint. The complaint should briefly describe the alleged violation. If an individual does not wish to file a written complaint and the matter has not been adequately resolved, the building principal may initiate the complaint. Forms for filing written complaints are available in each building office and the central office.

• A complaint should be filed as soon as possible after the conduct occurs, but not later than 180 days after the complainant becomes aware of the alleged violation, unless the conduct forming the basis for the complaint is ongoing.

• If appropriate, an investigation shall follow the filing of the complaint. If the complaint is against the superintendent, the board shall appoint an investigating officer. In other instances, the investigation shall be conducted by the building principal, the superintendent or another individual appointed by the board. The investigation shall be informal but thorough. All interested persons, including the complainant and the person against who the complaint is lodged, will be afforded the opportunity to submit written or oral evidence relevant to the complaint.

• A written determination of the complaint’s validity and a description of the resolution shall be issued by the investigator, and a copy forwarded to the complainant no later than 30 days after the filing of the complaint. If the investigation results in a recommendation for student suspension or expulsion, or for suspension or termination of an employee, other guiding state law, policy, negotiated contracts and procedures will be followed.

• Records relating to complaints filed and their resolution shall be forwarded to and maintained in a confidential manner by the superintendent.

• The complainant may appeal the determination of the complaint. The superintendent, a hearing officer appointed by the board or the board itself shall hear appeals as determined by the board. The request to appeal the resolution shall be made within 20 days after the date of the written resolution of the complaint at the lower level. The appeal officer shall review the evidence gathered by the investigator and the investigator’s report, and shall afford the complainant and the person against whom the complaint is filed an opportunity to submit further evidence, orally or in writing, within 10 days after the appeal is filed. The appeal officer will issue a written determination of the complaint’s validity and a description of its resolution within 30 days after the appeal is filed.

• Use of this complaint procedure is not a prerequisite to the pursuit of any other remedies including the right to file a complaint with the Office for Civil Rights of the U.S. Department of Education, the Equal Employment Opportunity Commission or the Kansas Human Rights Commission.

References

Office for Civil Rights
U.S. Department of Education
8930 Ward Parkway, Suite 2037
Kansas City, MO 64114-3302

Phone: 816-268-0550
FAX: 816-823-1404
TDD: 877-521-2172
Email: KansasCity@ed.gov

Equal Employment Opportunity Commission
Gateway Tower II
4th & State Ave., 9th Floor,
Kansas City, KS 66101

Phone: 1-800-669-4000
FAX: (913) 551-6957
TTY: 1-800-669-6820

Kansas Human Rights Commission
900 SW Jackson
Suite 568-South Landon Office Building
Topeka, KS 66612-2818

Phone: 785-296-3206
FAX: 785-296-0589
TTY: 785-296-0245
http://www.khrc.net

See USD 205 Form:

• Complaint of Discrimination Form

• Request to Review a Textbook, Trade book or Instructional Material

Related Sites:

http://www.ed.gov/about/offices/list/ocr/related.html?src=rt

http://www.eeoc.gov/charge/overview_charge_filing.html

http://www.khrc.net/complaint.html

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