4163.3: Remedial Action Investigation/Procedure

4163.3: Remedial Action Investigation/Procedure holly Tue, 07/09/2019 - 13:08


 

I. All District personnel shall conduct themselves in such a manner so as to promote the educational responsibilities and purposes of the District in respecting the rights of students, District personnel, parents, third party businesses, service providers, or contractors and any other persons related to the District in any other capacity. 

II. When conduct of District personnel fails to meet District standards, violates students’ rights or adversely reflects upon the District in the community, the conduct shall be reported to the Superintendent or designee. 

III. When a complaint, charge or allegation of inappropriate conduct (except for sexual harassment) by District personnel is received by any District personnel, from any source, the procedure shall be as follows: 

A. The Superintendent shall be notified of the complaint, charge, or allegation of inappropriate conduct together with the information available. 

B. The Superintendent or designee immediately shall initiate and conduct such investigation of the complaint, charge, allegations or related matters deemed reasonable. 

C. Such investigation may be conducted by District officials or by designated third parties and will be conducted so as not to interfere with any concurrent or related investigation by any law enforcement or administrative agency. The proper law enforcement agency will be contacted immediately when there is a reasonable suspicion that a violation of a state or federal criminal law may have been committed and, if requested by the law enforcement authorities, the conduct of any further investigation by the District shall be suspended until the law enforcement authorities conclude their own investigation. 

D. During the pendency of any investigation performed by the District, the Superintendent or designee may temporarily suspend, transfer, remove, or reassign the person in question when the Superintendent determines it to be in the best interests of the District, including but not limited to the safety of the students, personnel and other people associated with or related to the District, would best be served by the temporary suspension, transfer, removal or reassignment of the personnel in question. 

E. Any such temporary suspension, transfer, removal, or reassignment may or may not result in the loss of any compensation or benefits or in the change of any job classification. Such temporary suspension, transfer, or reassignment shall not exceed thirty (30) days unless extended by mutual agreement of the District and personnel. 

F. Unless prohibited by specific direction of law enforcement authorities involved, any personnel who is the subject of any investigation shall be notified and advised of the complaint, charge or allegation reported to the District, and will be afforded the opportunity to respond to all charges or allegations of unprofessional or inappropriate conduct. Such initial notification shall be given within a reasonable period of time, but is not necessarily required to be given before the commencement of any investigation. 

G. Upon completion of such investigation, the Superintendent or his or her designee will take appropriate action. 

IV. Complaints by school personnel or job applicants regarding unlawful discrimination or unlawful harassment (excluding sexual harassment) shall follow the procedures of District Rule 4001.2. Complaints by personnel or job applicants regarding sexual harassment shall follow the procedures of District Rule 4001.3. Complaints by students or parents regarding unlawful discrimination or unlawful harassment (excluding sexual harassment) shall follow the procedures of District Rule 5010.2. Student complaints regarding sexual harassment shall follow the procedures of District Rule 5010.3.

Date of Adoption
June 5, 2000
Date of Revision
December 3, 2007
September 20, 2010
October 20, 2014
July 9, 2018
November 16, 2020
Reaffirmed
December 2, 2019