Parent Complaint Procedures
Compliance Officer
The Board designates the following individual to act as the district’s compliance officer:
Assistant Superintendent (Personnel)
200 Fleetwood Drive, Waynesville, Missouri 65583
Phone (573) 842-2094, Fax (573) 433-2968
E-mail: hbales@waynesville.k12.mo.us
In
the event the compliance officer is unavailable or is the subject of a
report that would otherwise be made to the compliance officer, reports
should instead be directed to the acting compliance officer:
Superintendent
200 Fleetwood Drive, Waynesville, Missouri 65583
Phone (573) 842-2097; Fax (573) 433-2967
E-mail: bhenry@wayesville.k12.mo.us
The compliance officer or acting compliance officer will:
1. Coordinate district compliance with this policy and the law.
2. Receive all grievances regarding discrimination, harassment and retaliation in the Waynesville R-VI School District.
3.
Serve as the district’s designated Title IX, Section 504 and Americans
with Disabilities Act (ADA) coordinator, as well as the contact person
for compliance with other discrimination laws.
4.
Investigate or assign persons to investigate grievances; monitor the
status of grievances to ensure that additional discrimination,
harassment and retaliation do not occur; and recommend consequences.
5.
Review all evidence brought in disciplinary matters to determine
whether additional remedies are available, such as separating students
in the school environment.
6.
Determine whether district employees with knowledge of discrimination,
harassment or retaliation failed to carry out their reporting duties and
recommend disciplinary action, if necessary.
7.
Communicate regularly with the district's law enforcement unit to
determine whether any reported crimes constitute potential
discrimination, harassment or retaliation.
8.
Oversee discrimination, harassment or retaliation grievances, including
identifying and addressing any patterns or systemic problems and
reporting such problems and patterns to the superintendent or the Board.
9. Seek legal advice when necessary to enforce this policy.
10.
Report to the superintendent and the Board aggregate information
regarding the number and frequency of grievances and compliance with
this policy.
11. Make recommendations regarding changing this policy or the implementation of this policy.
12.
Coordinate and institute training programs for district staff and
supervisors as necessary to meet the goals of this policy, including
instruction in recognizing behavior that constitutes discrimination,
harassment and retaliation.
13. Periodically review student discipline records to determine whether disciplinary consequences are applied uniformly.
14. Perform other duties as assigned by the superintendent.
Public Notice
The
superintendent or designee will continuously publicize the district’s
policy prohibiting discrimination, harassment and retaliation and
disseminate information on how to report discrimination, harassment and
retaliation. Notification of the district's policy will be posted in a
public area of each building used for instruction or employment or open
to the public. Information will also be distributed annually to
employees, parents/guardians and students as well as to newly enrolled
students and newly hired employees. District bulletins, catalogs,
application forms, recruitment material and the district’s website will
include a statement that the Waynesville R-VI School District does not
discriminate in its programs, services, activities, facilities or with
regard to employment. The district will provide information in
alternative formats when necessary to accommodate persons with
disabilities.
Reporting
Students,
employees and others may attempt to resolve minor issues by addressing
concerns directly to the person alleged to have violated this policy,
but they are not expected or required to do so. Any attempts to
voluntarily resolve a grievance will not delay the investigation once a
report has been made to the district.
Unless
the concern is otherwise voluntarily resolved, all persons must report
incidents that might constitute discrimination, harassment or
retaliation directly to the compliance officer or acting compliance
officer. All district employees will instruct all persons seeking to
make a grievance to communicate directly with the compliance officer.
Even if the suspected victim of discrimination, harassment or
retaliation does not file a grievance, district employees are required
to report to the compliance officer any observations, rumors or other
information regarding actions prohibited by this policy. If a verbal
grievance is made, the person will be asked to submit a written
complaint to the compliance officer or acting compliance officer. If a
person refuses or is unable to submit a written complaint, the
compliance officer will summarize the verbal complaint in writing. A
grievance is not needed for the district to take action upon finding a
violation of law, district policy or district expectations.
Even
if a grievance is not directly filed, if the compliance officer
otherwise learns about possible discrimination, harassment or
retaliation, including violence, the district will conduct a prompt,
impartial, adequate, reliable and thorough investigation to determine
whether unlawful conduct occurred and will implement the appropriate
interim measures if necessary.
Student-on-Student Harassment
Building-level
administrators are in a unique position to identify and address
discrimination, harassment and retaliation between students,
particularly when behaviors are reported through the normal disciplinary
process and not through a grievance. Administrators have the ability to
immediately discipline a student for prohibited behavior in accordance
with the district’s discipline policy. Administrators will report all
incidents of discrimination, harassment and retaliation to the
compliance officer and will direct the parent/guardian and student to
the compliance officer for further assistance. The compliance officer
may determine that the incident has been appropriately addressed or
recommend additional action. When a grievance is filed, the
investigation and complaint process detailed below will be used.
Investigation
The
district will immediately investigate all grievances. All persons are
required to cooperate fully in the investigation. The district
compliance officer or other designated investigator may utilize an
attorney or other professionals to conduct the investigation.
In
determining whether alleged conduct constitutes discrimination,
harassment or retaliation, the district will consider the surrounding
circumstances, the nature of the behavior, the relationships between the
parties involved, past incidents, the context in which the alleged
incidents occurred and all other relevant information. Whether a
particular action or incident constitutes a violation of this policy
requires a determination based on all of the facts and surrounding
circumstances. If, after investigation, school officials determine that
it is more likely than not (the preponderance of the evidence standard)
that discrimination, harassment or other prohibited behavior has
occurred, the district will take immediate corrective action.
Grievance Process Overview
1.
If a person designated to hear a grievance or appeal is the subject of
the grievance, the compliance officer may designate an alternative
person to hear the grievance, or the next highest step in the grievance
process will be used. For example, if the grievance involves the
superintendent, the compliance officer may designate someone outside the
district to hear the grievance in lieu of the superintendent, or the
grievance may be heard directly by the Board.
2.
An extension of the investigation and reporting deadlines may be
warranted if extenuating circumstances exist as determined by the
district's compliance officer. The person filing the complaint will be
notified when deadlines are extended. If more than twice the allotted
time has expired without a response, the appeal may be taken to the next
level.
3.
Failure of the person filing the grievance to appeal within the
timelines given will be considered acceptance of the findings and
remedial action taken.
4.
To the extent permitted by law, the district will investigate all
grievances, even if an outside enforcing agency such as the Office for
Civil Rights, law enforcement or the CD is also investigating a
complaint arising from the same circumstances.
5.
The district will only share information regarding an individually
identifiable student or employee with the person filing the grievance or
other persons if allowed by law and in accordance with Board policy.
6.
Upon receiving a grievance, district administrators or supervisors,
after consultation with the compliance officer, will implement interim
measures as described in this policy if necessary to prevent further
potential discrimination, harassment or retaliation during the pending
investigation.
Grievance Process
1.
Level I – A grievance is filed with the district's compliance officer.
The compliance officer may, at his or her discretion, assign a school
principal or other appropriate supervisor to conduct the investigation
when appropriate.
Regardless
of who investigates the grievance, an investigation will commence
immediately, but no later than five working days after the compliance
officer receives the grievance. The compliance officer or designee shall
conduct a prompt, impartial, adequate, reliable and thorough
investigation, including the opportunity for the person filing the
grievance and other parties involved to identify witnesses and provide
information and other evidence. The compliance officer or designee will
evaluate all relevant information and documentation relating to the
grievance.
Within
30 working days of receiving the grievance, the compliance officer will
complete a written report that summarizes the facts and makes
conclusions on whether the facts constitute a violation of this policy
based on the appropriate legal standards. If a violation of this policy
is found, the compliance officer will recommend corrective action to the
superintendent to address the discrimination, harassment or
retaliation; prevent recurrence; and remedy its effects. If someone
other than the compliance officer conducts the investigation, the
compliance officer or acting compliance officer will review and sign the
report. The person who filed the grievance, the victim if someone other
than the victim filed the grievance, and any alleged perpetrator will
be notified in writing, within five working days of the completion of
the report, in accordance with law and district policy, regarding
whether the district's compliance officer or designee determined that
district policy was violated.
2.
Level II – Within five working days after receiving the Level I
decision, the person filing the grievance, the victim if someone other
than the victim filed the grievance, or any alleged perpetrator may
appeal the compliance officer’s decision to the superintendent by
notifying the superintendent in writing. The superintendent may, at his
or her discretion, designate another person (other than the compliance
officer) to review the matter when appropriate.
Within
ten working days, the superintendent will complete a written decision
on the appeal, stating whether a violation of this policy is found and,
if so, stating what corrective actions will be implemented. If someone
other than the superintendent conducts the appeal, the superintendent
will review and sign the report before it is given to the person
appealing. A copy of the appeal and decision will be given to the
compliance officer or acting compliance officer. The person who
initially filed the grievance, the victim if someone other than the
victim filed the grievance, and any alleged perpetrator will be notified
in writing, within five working days of the superintendent's decision,
regarding whether the superintendent or designee determined that
district policy was violated.
3.
Level III – Within five working days after receiving the Level II
decision, the person filing the grievance, the victim if someone other
than the victim filed the grievance, or any alleged perpetrator may
appeal the superintendent’s decision to the Board by notifying the Board
secretary in writing. The person filing the grievance and the alleged
perpetrator will be allowed to address the Board, and the Board may call
for the presence of such other persons deemed necessary. The Board will
issue a decision within 30 working days for implementation by the
administration. The Board secretary will give the compliance officer or
acting compliance officer a copy of the appeal and decision. The person
who filed the grievance, the victim if someone other than the victim
filed the grievance, and the alleged perpetrator will be notified in
writing, within five working days of the Board's decision, in accordance
with law and district policy, regarding whether the Board determined
that district policy was violated. The decision of the Board is final.
Confidentiality and Records
To
the extent permitted by law and in accordance with Board policy, the
district will keep confidential the identity of the person filing a
grievance and any grievance or other document that is generated or
received pertaining to grievances. Information may be disclosed if
necessary to further the investigation, appeal or resolution of a
grievance, or if necessary to carry out disciplinary measures. The
district will disclose information to the district’s attorney, law
enforcement, the CD and others when necessary to enforce this policy or
when required by law. In implementing this policy, the district will
comply with state and federal laws regarding the confidentiality of
student and employee records. Information regarding any resulting
employee or student disciplinary action will be maintained and released
in the same manner as any other disciplinary record. The district will
keep any documentation created in investigating the complaint including,
but not limited to, documentation considered when making any
conclusions, in accordance with the Missouri Secretary of State's
retention manuals and as advised by the district's attorney.
Training
The
district will provide training to employees on identifying and
reporting acts that may constitute discrimination, harassment or
retaliation. The district will instruct employees to make all complaints
to the district's compliance officer or acting compliance officer and
will provide current contact information for these persons. The district
will inform employees of the consequences of violating this policy and
the remedies the district may use to rectify policy violations. All
employees will have access to the district's current policy, required
notices and complaint forms. The district will provide additional
training to any person responsible for investigating potential
discrimination, harassment or retaliation.
The
district will provide information to parents/guardians and students
regarding this policy and will provide age-appropriate instruction to
students.
Policy AC: Prohibition Against Discrimination, Harassment and Retaliation
