Common use of Investigation of Complaints Clause in Contracts

Investigation of Complaints. 1. A complaint is a statement of inappropriate or improper conduct or misconduct made by a person or group of persons against a teacher or group of teachers. Knowledge of inappropriate or improper conduct or misconduct may also arise from an independent law enforcement agency investigation where due process standards have been observed. 2. Before any investigation of a complaint begins, the complainant(s) will be asked to reduce the complaint to writing, sign and date the complaint, and provide appropriate contact information. The complaint, whether written or verbal, 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 provided to the teacher at the conclusion of the investigation. ii. Any recommendation for a suspension without pay and/or termination must be made by the Superintendent within ten (10) days of the date upon which the teacher is given a copy of the final investigative findings. iii. The Association and District agree, that a teacher is innocent until proven guilty, therefore, should it become necessary for a teacher to be escorted off campus, every reasonable effort shall be made to be discrete.

Investigation of Complaints. 1. A complaint is a statement of inappropriate or improper conduct or misconduct made by a person or group of persons against a teacher or group of teachers. Knowledge of inappropriate or improper conduct or misconduct may also arise from an independent law enforcement agency investigation where due process standards have been observed. 2. Before any investigation of a complaint begins, the complainant(s) will be asked to reduce the complaint to writing, sign and date the complaint, and provide appropriate contact information. The complaint, whether written or verbal, 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 provided to the teacher at the conclusion of the investigation. ii. Any recommendation for a suspension without pay and/or termination must be made by the Superintendent Superinten- dent within ten (10) days of the date upon which the teacher is given a copy of the final investigative findings. iii. The Association and District agreeAny teacher may be suspended with pay pending investigation of a complaint, that a teacher is innocent until proven guilty, therefore, should it become necessary at the discretion of the Superintendent for a teacher period extending to and including the day of the next regular or special meeting of the School Board. Such suspension shall notbe deemed to be escorted off campus, every reasonable effort discipline. The School Board may terminate or continue the suspension with pay as recommended by theSuperintendent. The Superintendent may recommend that the teacher be suspended without pay for just cause. A recommendation for a suspension without pay shall be made considered by the School Board at its first regular or special meeting following the Superinten- dent’s recommendation. The teacher shall be given notice of the meeting and an opportunity to speak to the issue of suspen- sion without pay and present evidence as to why the teacher should not be suspended without pay. The teacher shall have the right to be discreterepresented by an Association Representative or attorney of his/her choice at the meeting. 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. iv. 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 attached to the complaint, and a copy provided to the teacher. v. Any investigation of a complaint 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.