AC-AR - Non-Discrimination Reporting Procedure
Re-adopted: 1/2020, 6/8/2022
Complaints regarding discrimination or harassment, on any basis protected by law, shall be processed in accordance with the following procedures:
Step 1: The District is eager to investigate and resolve any concerns about improper discrimination. If you are concerned about possible harassment or improper discrimination, then please complete the discrimination complaint form in writing, giving details to a principal or supervisor. All complaints using the district adopted Discrimination Complaint Form must be filed with the principal or supervisor. Assistance will be available if requested. Any staff member that receives a written complaint shall report the complaint to the principal or supervisor.
The principal or supervisor shall investigate and determine the action to be taken, if any, and reply in writing, to the complainant within 10 school days of receipt of the complaint.
Step 2: If the complainant wishes to appeal the decision of the principal or supervisor, the complainant may submit a written appeal to the superintendent’s designee within five school days after receipt of the principal’s or supervisor’s response to the complaint.
The superintendent’s designee shall review the principal’s or supervisor’s decision within five school days and may meet with all parties involved. The superintendent’s designee will review the merits of the complaint and the principal’s or supervisor’s decision. The superintendent’s designee will respond in writing to the complainant within 10 school days.
Step 3: If the complainant wishes to appeal the decision of the superintendent’s designee, the complainant may submit a written appeal to the superintendent within five school days after receipt of the superintendent designee’s response to the complaint.
The superintendent shall review the superintendent designee’s decision within five school days and may meet with all parties involved. The superintendent will review the merits of the complaint and the superintendent designee’s decision. The superintendent will respond in writing to the complainant within 10 school days.
Step 4: If the complainant is not satisfied with the decision of the superintendent, a written appeal may be filed with the Board within five school days of receipt of the superintendent’s response to Step 3. The Board may decide to hear or deny the request for appeal at a Board meeting. If the Board decides to hear the appeal, the Board may meet with the concerned parties and their representative at a Board meeting. The Board’s decision will be final and will address each allegation in the complaint and contain reasons for the Board’s decision. A copy of the Board’s final decision shall be sent to the complainant in writing or electronic form within 10 days of this meeting.
If the principal is the subject of the complaint, the individual may start at Step 2 and should file a complaint with the superintendent’s designee.
If the superintendent is the subject of the complaint, the complaint may start at Step 4 and should be referred to the Board Chair. The Board may refer the investigation to a third party.
Complaints against the Board as a whole or against an individual Board member, may start at Step 4 and should be submitted to the Board Chair and may be referred to the District’s legal counsel. Complaints against the Board Chair may start at Step 4 and be referred directly to the District’s legal counsel. The timelines established in each step of this procedures may be extended upon mutual consent of the district and the complainant in writing, but will not be longer than 30 days from the date of the submission of the complaint at any step. The overall timeline of this complaint procedure may be extended beyond 90 days from the initial filing of the complaint upon written mutual consent of the district and the complainant.
The complainant, if a person who resides in the district, or a parent or guardian of a student who attends school in the district or a student, is not satisfied after exhausting local complaint procedures, the district fails to render a written decision within 30 days of submission of the complaint at any step or fails to resolve the complaint within 90 days of the initial filing of the complaint, may appeal 2 the district’s final decision to the Deputy Superintendent of Public Instruction under Oregon Administrative Rules (OAR) 581-002-0001 – 581-002-0023.
Charter Schools of which the District Board is a Sponsor
The district Board, through its charter agreement with Phoenix Charter School through this administrative regulation, will review an appeal of a decision reached by the Board of Phoenix Charter School on a complaint alleging violation of Oregon Revised Statute (ORS) 659.850 or Oregon Administrative Rule (OAR) 581-021-0045 or 581-021-0046 (Discrimination). A complainant will submit such appeal to the superintendent on behalf of the district Board within 30 days of receipt of the decision from the public charter school board. A final decision reached by this district Board may be appealed to the Oregon Department of Education under OAR 581-002-0001 - 581-002-0023.
1 For district information. The district’s timeline established by each step of the district’s complaint procedures must be within 30 days of the submission of the complaint at any step, unless the district and the complainant have agreed in writing to a longer time period for that step. The district’s complaint procedure should not exceed a total of 90 days from the initial filing of the complaint, regardless of the number of steps involved, unless the district and the complainant have agreed in writing to a longer time period. (OAR 581-002-0005)