Students

Student Complaints Against District

Pursuant to Policy JII, Regulation JII-R, and Exhibit JII-EBstudents may present a complaint or grievance using Form JII-EA regarding one (1) or more of the following:

  • Violation of the student's constitutional rights.

  • Denial of an equal opportunity to participate in any program or activity for which the student qualifies not related to the student's individual capabilities.

  • Discriminatory treatment on the basis of race, color, religion, sex, age, national origin, or disability.

  • Harassment of the student by another person.

  • Intimidation by another student.

  • Bullying by another student.

  • Concern for the student's personal safety

Provided that:

  • The topic is not the subject of disciplinary or other proceedings under other policies and regulations of this District, and

  • The procedure shall not apply to any matter for which the method of review is prescribed by law, or the Governing Board is without authority to act.

The guidelines to be followed are:

  • The accusation must be made within thirty (30) calendar days of the time the student knew or should have known that there were grounds for the complaint/grievance.

  • The complaint/grievance shall be made only to a school administrator or professional staff member.

  • The person receiving the complaint will gather information for the complaint form.

  • All allegations shall be reported on forms with the necessary particulars as determined by the Superintendent. Forms are available in the school office.

  • The person receiving the complaint shall preserve the confidentiality of the subject, disclosing it only to the appropriate school administrator or next higher administrative supervisor or as otherwise required by law.

Any question concerning whether the complaint/grievance falls within this policy shall be determined by the Superintendent.

Complaints by middle or high school students may be made only by the students on their own behalf. A parent or guardian may initiate the complaint process on behalf of an elementary school student under this policy. A parent or guardian who wishes to complain should do so by completing the forms following Policy KE on Public Concerns and Complaints.

A complaint/grievance may be withdrawn at any time. Once withdrawn, the process cannot be reopened if the resubmission is longer than thirty (30) calendar days from the date of the occurrence of the alleged incident. False or unproven complaint documentation shall not be maintained.

Retaliatory or intimidating acts against any student who has made a complaint under this policy and its corresponding regulations, or against a student who has testified, assisted or participated in any manner in an investigation relating to a complaint or grievance, are specifically prohibited and constitute grounds for a separate complaint.

Knowingly submitting a false report under this policy shall subject the student to discipline up to and including suspension or expulsion. Where disciplinary action is necessary pursuant to any part of this policy, relevant District policies shall be followed.

FILING A COMPLAINT AND PROCEDURES

A student who complains or grieves regarding constitutional rights, equal access to programs, discrimination, harassment, bullying, hazing, intimidation or personal safety issues may complain directly to the school administrator or to a professional staff member. The individual receiving the student complaint must retrieve sufficient detail from the student to complete the form designated for such purpose. When a professional staff member receives the information, the staff member will transmit it to the school administrator not later than the next school day following the day the staff member receives the complaint/grievance. If the complaint/grievance involves the school administrator the professional staff member shall forward the complaint/grievance to the next administrative level.

At a minimum the complaint/grievance shall contain the identifying information on the complainant and such specificity of names, places and times as to permit an investigation to be carried out. The written complaint/grievance should contain a requested solution and the submission should be signed and attested to by the complainant. However, an unsigned form will be processed in the same manner as a signed form.

The complaint/grievance will be investigated by the school administrator or a supervising administrator. The student shall be contacted not later than the school day following the date the school administrator's or the administrator's supervisor receives the information. The procedures to be followed are:

  • An investigation of the reported incident or activity shall be made within ten (10) school days when school is in session or within fifteen (15) days during which the school offices are open for business when school is not in session. Extension of the time line may only be by necessity as determined by the Superintendent.

  • The investigator shall meet with the student who submitted the complaint/grievance at or before the end of the time period and shall discuss the conclusions and actions to be taken as a result of the investigation. Confidentiality of records and student information shall be observed in the process of making such a report.

  • The investigator shall prepare a written report of the findings and a copy of the report shall be provided to the Superintendent.