D. PROCESS FOR ADDRESSING COMPLAINTS OF ALLEGED INCIDENTS OF DISCRIMINATION, HARASSMENT, OR BULLYING
a. 1. Initiating the Investigation a. Whoever receives a complaint of discrimination, harassment, or bullying pursuant to subsection C.1. shall immediately notify the appropriate investigator who shall respond to the complaint and investigate. Where the complaint is received by school staff and involves allegations made against a staff member, the principal shall promptly consult with Human Resources to provide notice of the complaint and determine the appropriate investigator. The investigator of a complaint is determined as follows.
1) If the alleged perpetrator is a student, the investigator is the school principal.
1. [okay, it does not say the AP, it says principal, and, I guess it is to avoid claims, as in this case, by the principal that she did not know or was a part of the investigation].
2. If the alleged perpetrator is an employee other than the assistant superintendent of human resources or the Superintendent, the investigator is the assistant superintendent of human resources or designee, who may enlist the assistance of the alleged perpetrator’s supervisor in conducting the review. [not applicable]
3. If the alleged perpetrator is the assistant superintendent of human resources, the Superintendent or designee is the investigator. [not applicable]
4. If the alleged perpetrator is the Superintendent, the Board attorney is the investigator. (In such cases, whoever receives a complaint of discrimination, harassment, or bullying shall immediately notify the assistant superintendent of human resources who shall immediately notify the Board chair. The Board chair shall direct the Board attorney to respond to the complaint and investigate.) [not applicable]
5. If the alleged perpetrator is a member of the Board, the Board attorney is the investigator. (In such cases, whoever receives a complaint of discrimination, harassment, or bullying shall immediately notify the Superintendent who shall direct the Board attorney to respond to the complaint and investigate. Unless the Board chair is the alleged perpetrator, the Superintendent shall also notify the Board chair of the complaint.) [not applicable]
b. As applicable, the investigator shall immediately notify the Title IX, Section 504, ADA, or other relevant coordinator of the complaint, and, as appropriate, may designate the coordinator to conduct the investigation. [This complaint did involve a disability in all respects; AND TO OUR KNOWLEDGE WAS NOT REPORTED TO ANY COORDINATORS.]
c. The investigator shall explain the process of the investigation to the complainant and the alleged perpetrator. [THIS NEVER HAPPENS; BOTH IN THE FEBRUARY COMPLAINT, AND, AGAIN IN THE MARCH COMPLAINT. REALLY. A PATTERN HERE FOR SURE.]
d. Written documentation of all formal reports and complaints, as well as the school system's response, must be maintained in accordance with policy 1710/4021/7230. [FOR THE FIRST TIME, IN MARCH, WAS A WRITEN COMPLAINT REQUESTED, AND, IT WAS OBTAINED AGAINST EXPRESSED PARENTAL WISHES; REQUEST FOR REPORTS WERE MADE FROM THE FEBRUARY INCIDENT AND NOTHING BUT AN INCORRECT SUMMATION OF THE INCIDENT WAS RECEIVED. AND, THAT SUMMATION WAS WAY OUTSIDE OF THE COUNTY ALLOWED PERIORD FOR RESPONSE AND PROCESSING. ALL FORMAL REPORTS NEED TO BE DOCUMENTED AND RIGHTS EXPLAINED. DURING A MEETING IN MARCH AFTER THE MARCH INCIDENT, WITH MR. LIGHT, HE SAID NO FORMAL REPORTS ARE MADE OR KEPT “NO INCIDENT REPORTS ARE AVAILABLE AND THAT IS AGAINST SCHOOL POLICY ……… BUT YOU CAN GET A COPY OF ADRIANA’S STATEMENT …….. we just do not do that here”.]
e. Failure to report, investigate, and/or address claims of discrimination, harassment, or bullying may result in disciplinary action. [TO OUR KNOWLEDGE, NO DISCIPLINARY ACTION WAS TAKEN AGAINST PRINCIPAL SMITH AND AP LIGHT.]
2. Conducting the Investigation
a. The investigator is responsible for determining whether the alleged act(s) constitutes a violation of policy 1710/4021/7230 or policy 1730/4022/7231. In so doing, the investigator shall impartially, promptly, and thoroughly investigate the complaint. The investigator shall interview (1) the complainant; (2) the alleged perpetrator(s); (3) individuals identified as witnesses by the complainant or alleged perpetrator(s); and (4) any other individuals, including other possible victims, deemed likely to have relevant information. The alleged perpetrator shall be notified of the general nature of the allegations. The investigation will include a review of all evidence presented by the complainant or alleged perpetrator. [IN MARCH, THIS DID NOT OCCUR. THE INVESTIGATOR IN BOTH SCENARIOS WAS MR. LIGHT, NOT THE PRINCIPAL; AND, FOR EXAMPLE, IN MARCH, HE DID NOT ASK OR ASCERTAIN ANY INFORMATION ABOUT PRIOR ACTS, AND INQUIRY ABOUT A REOCCURRENCE POSSIBILITY (principal smith took the written statement but light was in and out and a part of everything). ALSO, IN THE FEBRUARY INCIDENT, IT WAS NOT THOROUGHLY INVESTIGATED, AS EVIDENCED BY THE INCORRECT SUMMATION. TO OUR KNOWLEDGE, NO WITNESSES WERE INTERVIEWED AND/OR OTHER POSSIBLE WITNESSES. THE MOST CRUCIAL PIECE OF INFORMATION WAS THE FEBRUARY INCIDENT OCCURRED IN THE CAFETERIA, AND, THE KIDS WERE THERE WITHOUT STAFF SUPERVISION. ADRIANA HAD TO GO FIND AN ADMINISTRATIVE STAFF MEMBER. DESPITE BEING WARNED OF ACTIVITIES OCCURRING DURING INSTRUCTIONAL TIME, THE SECOND INCIDENT OCCURRED DURING THAT TIME, AND NO STAFF WAS MONITORING HALLWAYS. LASTLY, POST FEBRUARY INCIDENT NO ONE FOLLOWED UP AND ASKED ADRIANA IF HE BEHAVIOR HAD CONTINUED. HUM. IN MARCH, THE INVESTIGATOR DID NOT ASK ABOUT PAST OR FUTURE HARM.]
If the investigator, after receipt of the complaint, an interview with the complainant, and consultation with the board attorney, determines that the allegations submitted, even if factual, do not constitute discrimination, harassment, or bullying as defined in policy 1710/4021/7230, the matter will be treated outside the scope of this policy. Information regarding the investigator’s determination and the process for addressing the complaint will be provided to the complainant. [NOT ONLY WAS THIS NOT PROVIDED, AS STATED BEFORE, INFORMATION AND DETAILS WERE FALSIFIED, WITH THE SIGNATURE OF THE PRINCIPAL, AND, NOT SUMMATION WITH A SIGNATURE OF AP LIGHT WAS EVER PROVIDED. WORKING IN TANDUM, BOTH THE PRINCIPAL AND AP FAILED TO THOROUGHLY PROVIDE INFORMATION AND INVESTIGATE THE MATTER, AND WENT STEPS FURTHER IN VIOLATION OF COUNTY POLICIES.]
b. The complaint and investigation will be kept confidential to the extent possible. Information may be shared only with individuals who need the information in order to investigate and address the complaint appropriately and those with a legal right to access the information. Any requests by the complainant for further confidentiality will be evaluated within the context of the legal responsibilities of the school system. [NOT SO AS EVIDENCED BY THE BREACH OF CONFIDENTIALITY THAT OCCURRED.]
c. The investigator shall review the factual information gathered through the investigation to determine whether, based on a preponderance of the evidence, the alleged conduct constitutes discrimination, harassment, or bullying, giving consideration to all factual information, the context in which the alleged incidents occurred, the age, and maturity of the complainant and alleged perpetrator(s), and any other relevant circumstances. [AS DISCUSSED SUPRA, THIS DID NOT OCCUR. FACTS WERE MISREPRESENTED. I AM NOT SURE AS TO HOW THE COUNTY CAN SANCTION LIES BY HIGH LEVEL ADMINISTRATIVE STAFF. THE HIGHEST LEVEL AT THE SCHOOL IS THE PRINCIPAL.]
3. Notice to Complainant and Alleged Perpetrator
a. The investigator shall provide written notification to the complainant of the results of the investigation within 15 days of receiving the complaint, unless additional time is necessary to conduct an impartial, thorough investigation. The investigator shall specify whether the complaint was substantiated and, if so, shall also specify: [THESE ELEMENTS AND ACTS NEVER OCCURRED. AN UNDATED RESPONSE WAS SENT WEEKS LATER, AND, IT WAS NOT THOROUGHLY INVESTIGATED. AND, THE PERPETRATOR FROM THE FEBRUARY CONTINUES TO BE DISRUPTIVE AT SCHOOL. THE RESPONSE WAS SENT BY PRINCIPAL SMITH ALONG WITH THREATS AND HARRASSMENT. HUM.]
1) reasonable, timely, age-appropriate, corrective action intended to end the discrimination, harassment, or bullying, and prevent it from recurring; [NOT SO, THE ACTS CONTINUED.]
2) as needed, reasonable steps to address the effects of the discrimination, harassment, or bullying on the complainant; and [NOT SO, MYSELF WAS LABELED A HARRASSER, AND MY DAUGHTER WAS LABELED AN ATTENTION SEEKER.]
3) as needed, reasonable steps to protect the complainant from retaliation as a result of communicating the complaint. [NOT SO, WITH THE MARCH INCIDENT SHE WAS FURTHER VICTIMIZED BY ADMINSTRATIVE STAFF, DR. SMITH IN PARTICULAR WHOM TOOK THE STATEMENT/REPORT WAS IMMEDIATELY INVOLVED.]
b. Information regarding specific disciplinary action imposed on the alleged perpetrator(s) will not be given to the complainant unless the information relates directly to the complainant (e.g., an order requiring the perpetrator not to have contact with the complainant). [TO OUR KNOWLEDGE, IN BOTH INCIDENTS, NOTHING HAPPENED AND/OR WILL HAPPEN; AND, IT DIRECTLY RELATED TO COMPLAINANT.]
c. If the investigator determines that the complaint was substantiated, the perpetrator(s) shall be subject to discipline or other corrective steps, as described in policy 1710/4021/7230. If the corrective steps involve actions outside the scope of the investigator's authority, the Superintendent or designee will be notified so that responsibility for taking the corrective steps may be delegated to the appropriate individual. [TO OUR KNOWLEDGE, NOTHING HAPPENED PROPERLY. IMPROPER RESPONSES WERE RECEIVED. AND A COMPLAINT WAS MADE AGAINST THE PRINCIPAL.]
d. Each alleged perpetrator will be provided with a written summary of the results of the investigation in regard to whether the complaint was substantiated, whether the alleged perpetrator violated relevant law or Board policies by his or her actions, and what, if any, disciplinary actions or consequences may be imposed upon the perpetrator in accordance with Board policy. The perpetrator may appeal any disciplinary action or consequence in accordance with Board policy and law. However, an appeal by the perpetrator of disciplinary action does not preclude school officials from taking appropriate action to address the discrimination, harassment, or bullying. [AGAIN, IN BOTH INCIDENTS, NOTHING HAPPENED, SO FAR, TO OUR KNOWLEDGE.]
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