Common use of Investigation of Complaints Clause in Contracts

Investigation of Complaints. The District desires to promptly address complaints alleging a violation of this Article. Accordingly, the District has established a protocol for handling such complaints. This protocol sets forth specific deadlines within which various phases of the process are intended to occur. These deadlines are subject to extension by the District for good cause or if extenuating circumstances exist. Regardless, the District remains committed to a prompt investigation and resolution of submitted complaints. 1. Upon receipt of a report of discrimination/harassment on the basis of one or more of the Protected Categories, the Compliance Coordinator may choose to investigate the complaint or may, alternatively, appoint an investigator from the District to investigate the complaint. 2. The investigation shall be conducted in the manner deemed appropriate by the Compliance Coordinator. The District desires to investigate complaints in a prompt and thorough manner. The following timeframes will apply: a. Once the District's Compliance Coordinator receives actual notice of a report of discrimination/harassment on the basis of one or more of the protected categories (whether such actual notice is provided to the Compliance Coordinator by a District supervisor/administrator or directly by the complainant), the Compliance Coordinator is able to commence the investigation. Typically, an investigation will be commenced within two (2) school days (if not sooner) after the Compliance Coordinator receives actual notice of the report. b. Absent extenuating circumstances, investigations will be completed within seven (7) school days after the investigation commences. Changes or additions to a complaint will typically require an extension of time to ensure that the complaint is properly investigated. Similarly, scheduling issues and the unavailability of witness or relevant documents may also necessitate an extension of time. An extension of time shall not exceed five (5) additional days without the advance approval of the Compliance Coordinator. 3. Investigation files shall be maintained separately from student educational files and employee personnel files. 4. Confidentiality of personally identifiable student information obtained during investigations will be maintained in accordance with federal and state law. The District desires to protect the identity of complainants for as long of a time period as it is able to do so in accordance with law.

Appears in 5 contracts

Samples: Articles of Agreement, Articles of Agreement, Articles of Agreement

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Investigation of Complaints. The District desires to promptly address complaints alleging a violation of this Article. Accordingly, the District has established a protocol for handling such complaints. This protocol sets forth specific deadlines within which various phases of the process are intended to occur. These deadlines are subject to extension by the District for good cause or if extenuating circumstances exist. Regardless, the District remains committed to a prompt investigation and resolution of submitted complaints. 1. Upon receipt A complaint is a statement of inappropriate or improper conduct or misconduct made by a report person or group of discrimination/harassment on the basis persons against a teacher or group of one teachers. Knowledge of inappropriate or more of the Protected Categories, the Compliance Coordinator improper conduct or misconduct may choose to investigate the complaint or may, alternatively, appoint also arise from an investigator from the District to investigate the complaintindependent law enforcement agency investigation where due process standards have been observed. 2. Before any investigation of a complaint begins, the complainant(s) will be encouraged to reduce the complaint to writing, sign and date the complaint, and provide appropriate contact information. However, the complainant(s) will not be required to provide the complaint in written form as a prerequisite to an investigation unless otherwise required to do so by law. The recipient of an unwritten complaint will reduce the complaint to writing. The complaint must be specific about the matters on which the complaint is based. No formal disciplinary action shall be undertaken until the complaint has been investigated by the School District and the facts verified in writing. a. The cost center administration, or appropriate district level administrator, shall complete its investigation, reach a decision as to probable cause, provide a copy of the complaint and the investigative findings to the teacher, and maintain the investigative findings pursuant to applicable Florida Statutes. b. If disciplinary action is to be taken or recommended as a result of an investigation, the decision or recommendation must be made within the following time limits: i. Any verbal or written reprimand or form of greater discipline must be issued to the teacher within the prescribed timelines as established in statute, policy, and/or contract language. A copy of any documentation obtained as a result of a complaint/investigation shall be conducted in the manner deemed appropriate by the Compliance Coordinator. The District desires to investigate complaints in a prompt and thorough manner. The following timeframes will apply: a. Once the District's Compliance Coordinator receives actual notice of a report of discrimination/harassment on the basis of one or more of the protected categories (whether such actual notice is provided to the Compliance Coordinator by teacher at the conclusion of the investigation. ii. Any recommendation for a District supervisor/administrator or directly suspension without pay and/or termination must be made by the complainant), the Compliance Coordinator is able to commence the investigation. Typically, an investigation will be commenced Superintendent within two ten (210) school days (if not sooner) after the Compliance Coordinator receives actual notice of the reportdate upon which the teacher is given a copy of the final investigative findings. b. Absent extenuating circumstancesiii. The Association and District agree that a teacher is innocent until proven guilty; therefore, investigations will should it become necessary for a teacher to be completed within seven (7) school days after escorted off campus, every reasonable effort shall be made to be discrete. iv. Any teacher may be suspended with pay pending investigation of a complaint, at the investigation commencesdiscretion of the Superintendent for a period extending to and including the day of the next regular or special meeting of the School Board. Changes or additions to a complaint will typically require an extension of time to ensure that the complaint is properly investigated. Similarly, scheduling issues and the unavailability of witness or relevant documents may also necessitate an extension of time. An extension of time Such suspension shall not exceed be deemed to be discipline. The School Board may terminate or continue the suspension with pay as recommended by the Superintendent. In the event probable cause is not found or the charges are dismissed the teacher, who recognized a loss of salary due to the suspension without pay, shall be immediately reinstated and paid all back pay and benefits. The Superintendent may suspend a teacher, without pay for just cause, up to and including the appropriate number of hours equivalent to five (5) additional days without the advance approval workdays, which shall be reviewable through Step III of the Compliance Coordinatorgrievance procedure. 3. Investigation files v. If the investigation is concluded with the finding that there is no probable cause to proceed further and with no disciplinary action taken or charges filed, a statement to that effect signed by the responsible investigating official shall be maintained separately from student educational files attached to the complaint, and employee personnel filesa copy provided to the teacher. 4vi. Confidentiality of personally identifiable student information obtained during investigations will be maintained in accordance with federal and state law. The District desires to protect the identity of complainants for as long Any investigation of a time period as it is able to do so in accordance with lawcomplaint shall not be deemed an observation for evaluation purposes. However, if appropriate, a finding may be reflected on a subsequent general assessment and/or annual evaluation.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Investigation of Complaints. The District desires to promptly address complaints alleging a violation of this Article. Accordingly, the District has established a protocol for handling such complaints. This protocol sets forth specific deadlines within which various phases of the process are intended to occur. These deadlines are subject to extension by the District for good cause or if extenuating circumstances exist. Regardless, the District remains committed to a prompt investigation and resolution of submitted complaints. 1. Upon receipt A complaint is a statement of inappropriate or improper conduct or misconduct made by a report person or group of discrimination/harassment on the basis persons against a teacher or group of one teachers. Knowledge of inappropriate or more of the Protected Categories, the Compliance Coordinator improper conduct or misconduct may choose to investigate the complaint or may, alternatively, appoint also arise from an investigator from the District to investigate the complaintindependent law enforcement agency investigation where due process standards have been observed. 2. Before any investigation of a complaint begins, the complainant(s) will be encouraged to reduce the complaint to writing, sign and date the complaint, and provide appropriate contact information. However, the complainant(s) will not be required to provide the complaint in written form as a prerequisite to an investigation unless otherwise required to do so by law. The recipient of an unwritten complaint will reduce the complaint to writing. The complaint must be specific about the matters on which the complaint is based. No formal disciplinary action shall be undertaken until the complaint has been investigated by the School District and the facts verified in writing. a. The cost center administration, or appropriate district level administrator, shall complete its investigation, reach a decision as to probable cause, provide a copy of the complaint and the investigative findings to the teacher, and maintain the investigative findings pursuant to applicable Florida Statutes. b. If disciplinary action is to be taken or recommended as a result of an investigation, the decision or recommendation must be made within the following time limits: i. Any verbal or written reprimand or form of greater discipline must be issued to the teacher within the prescribed timelines as established in statute, policy, and/or contract language. Pursuant to F.S. 1012.31 (3)(a)1, any investigation of a complaint shall be presumed to be inactive if no finding relating to probable cause is made within 60 days after the complaint is made. A copy of any documentation obtained as a result of a complaint/investigation shall be conducted in the manner deemed appropriate by the Compliance Coordinator. The District desires to investigate complaints in a prompt and thorough manner. The following timeframes will apply: a. Once the District's Compliance Coordinator receives actual notice of a report of discrimination/harassment on the basis of one or more of the protected categories (whether such actual notice is provided to the Compliance Coordinator by teacher at the conclusion of the investigation. ii. Any recommendation for a District supervisor/administrator or directly suspension without pay and/or termination must be made by the complainant), the Compliance Coordinator is able to commence the investigation. Typically, an investigation will be commenced Superintendent within two ten (210) school days (if not sooner) after the Compliance Coordinator receives actual notice of the reportdate upon which the teacher is given a copy of the final investigative findings. b. Absent extenuating circumstancesiii. The Association and District agree that a teacher is innocent until proven guilty; therefore, investigations will should it become necessary for a teacher to be completed within seven (7) school days after escorted off campus, every reasonable effort shall be made to be discrete. iv. Any teacher may be suspended with pay pending investigation of a complaint, at the investigation commencesdiscretion of the Superintendent for a period extending to and including the day of the next regular or special meeting of the School Board. Changes or additions to a complaint will typically require an extension of time to ensure that the complaint is properly investigated. Similarly, scheduling issues and the unavailability of witness or relevant documents may also necessitate an extension of time. An extension of time Such suspension shall not exceed be deemed to be discipline. The School Board may terminate or continue the suspension with pay as recommended by the Superintendent. In the event probable cause is not found or the charges are dismissed the teacher, who recognized a loss of salary due to the suspension without pay, shall be immediately reinstated, and paid all back pay and benefits. The Superintendent may suspend a teacher, without pay for just cause, up to and including the appropriate number of hours equivalent to five (5) additional days without the advance approval workdays, which shall be reviewable through Step III of the Compliance Coordinatorgrievance procedure. 3. Investigation files v. If the investigation is concluded with the finding that there is no probable cause to proceed further and with no disciplinary action taken or charges filed, a statement to that effect signed by the responsible investigating official shall be maintained separately from student educational files attached to the complaint, and employee personnel filesa copy provided to the teacher. 4vi. Confidentiality of personally identifiable student information obtained during investigations will be maintained in accordance with federal and state law. The District desires to protect the identity of complainants for as long Any investigation of a time period as it is able to do so in accordance with lawcomplaint shall not be deemed an observation for evaluation purposes. However, if appropriate, a finding may be reflected on a subsequent general assessment and/or annual evaluation.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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