AC-AR 2 - Non-Discrimination Investigation

Code: AC-AR-2

Adopted: 11/9/11

Upon receipt of a report or complaint alleging discrimination, sexual harassment, or harassment in violation of Policy AC: Non-discrimination, administration shall immediately undertake or authorize an investigation. The investigation may be conducted by the Superintendent, the district’s Human Rights Officer, or by a third party designated by the Superintendent.

The investigation shall consist of personal interviews with the complainant, the individual against whom the complaint is filed, and others who have knowledge of the alleged incident or circumstances giving rise to the complaint. The investigation may also consist of the evaluation of any other information or documents which may be relevant to the particular allegations.

In determining whether the alleged conduct constitutes an unlawful discrimination, sexual harassment, harassment, or a violation of Policy AC, the investigator shall consider:

  • The nature of the behavior;
  • How often the conduct occurred;
  • Whether there were past incidents or past continuing patterns of behavior;
  • The relationship between the parties involved;
  • The race, national origin, sex, and age of the victim;
  • The identity of the perpetrator, including whether the perpetrator was in a position of power over the student allegedly subjected to harassment;
  • The number of alleged harassers;
  • The age of the alleged harasser;
  • Where the harassment occurred;
  • Whether there have been other incidents in the school involving the same of other students;
  • Whether the conduct adversely affected the student’s education or educational environment;
  • The context in which the alleged incidents occurred.

Whether a particular action or incident constitutes an unlawful discrimination, sexual harassment, harassment, or violation of Policy AC requires findings and conclusions based on all relevant facts and surrounding circumstances.

The investigation shall be completed no later than fourteen (14) days from receipt of the report. The investigator shall make a written report to the Superintendent upon completion of the investigation. If the complaint involves the Superintendent, the report may be filed directly with the Chair of the Board of Directors. The report shall include findings and conclusions whether the allegations have been substantiated as factual and whether they appear to substantiate the claim of unlawful discrimination, sexual harassment, harassment, of a violation of Policy AC. The district’s obligation to conduct an investigation of a complaint shall not be extinguished by the fact that a criminal investigation involving the same or similar allegation(s) is also pending or has been concluded.