AC-R AC-RREGULATION
NONDISCRIMINATION / EQUAL OPPORTUNITY
(Complaint Procedure -
Discrimination, Harassment, and Retaliation)
Compliance Officer
The Superintendent shall be the compliance officer with respect to complaint of discrimination, harassment, and retaliation. The Superintendent may delegate tasks and responsibilities to a designee. Reference in this Regulation AC-R to the Superintendent shall mean the Superintendent or the Superintendent's designee.
Any person who believes discrimination, harassment, or retaliation has occurred is strongly encouraged to make a verbal report or written complaint of the matter to the Superintendent as provided in this Regulation. If the Superintendent is the one alleged to have discriminated, harassed, or retaliated, the verbal or written complaint shall be filed with the President of the Governing Board.
The District is committed to investigating each verbal report or written complaint and to taking appropriate action on all violations of this and related District policies. The Superintendent may be contacted through District e-mail, by telephone calling (520) 545-2025, or by regular mail addressed to the Superintendent at 2238 East Ginter Road, Tucson, Arizona 85706.
Duty of Administrators and Supervisors
to Report Possible Discrimination,
Harassment, and Retaliation
Employees of the District who are administrators or who supervise other employees, contractors, vendors or other agents of the District are required to report immediately possible discrimination, harassment, or retaliation to the Superintendent.
The duty to report arises whenever an administrator or supervisor
A. witnesses possible discrimination, harassment, or retaliation; or
B. is provided with written or verbal notice or otherwise learns of possible discrimination, harassment, or retaliation.
Time for Making Report
or Complaint
To be considered timely, a verbal report or written complaint must be made within sixty (60) calendar days of the alleged incident of discrimination, harassment, or retaliation. If the alleged discrimination, harassment or retaliation is of an ongoing nature, the verbal or written complaint should be made within sixty (60) calendar days of the most recent incident.
Verbal or written complaints received by the Superintendent that are outside of the sixty (60) calendar day timeline may, at the discretion of the Superintendent
A. be investigated in the same manner as if a timely report or complaint had been made or filed, or
B. be reviewed, but in a different manner than would have occurred had the report or complaint been timely. In addition, recommendations and/or remedies resulting from an investigation may differ, based on whether a report or complaint is timely.
Prompt Investigation
The Superintendent shall conduct an investigation into any timely oral or written complaint of discrimination, harassment, or retaliation.
Investigations will be completed promptly, generally within thirty (30) to forty-five (45) calendar days of receipt of the report or complaint. If the investigation cannot be concluded within the thirty (30) to forty-five (45) calendar day timeframe, the complaining party and the responding party and appropriate administrator(s) will be kept informed of the status of the investigation and anticipated date of conclusion.
Course of Investigation
Any investigation may include meeting and interviewing the complaining party and the responding party, interviewing and/or consulting with other persons, reviewing pertinent documents, and/or making any other appropriate inquiries.
No adverse determination will be made against a responding party prior to the responding party being informed about the allegations contained within a complaint and having the opportunity to respond to those allegations.
At the commencement of, or at any time during the course of an investigation, interim measures may be imposed in order to protect all parties until the investigation is completed.
Cooperation of all Employees
Employees, as a condition of employment, are required to cooperate and provide truthful information during any investigation of a complaint alleging discrimination, harassment, or retaliation. Time spent participating in a District investigation at the request of the Superintendent is work time.
Confidentiality
Reasonable efforts will be made to protect the privacy and confidentiality of all parties involved in the investigation consistent with and subject to the District’s need to fairly investigate the report or complaint, implement any decision made to resolve a report or complaint and/or remedy conduct that is determined to constitute discrimination, harassment, or retaliation. No representative of the District is authorized to promise complete confidentiality to any person, including the complaining party, who possesses information relevant to a concern or complaint.
Documentation resulting from any investigation shall be maintained as confidential. Access to documents or any other kind of information related to a complaint is permitted only for District officials with a "need to know" or as allowed or required by law.
Good Faith Allegations
No adverse action will be taken against an individual who makes a good faith allegation of discrimination, harassment, or retaliation, even if an investigation fails to substantiate the allegation.
Findings, Recommendations, Disciplinary
and Corrective Action
An individual found to have engaged in conduct that involves discrimination, harassment, or retaliation may be subject to written warnings or directives and/or disciplinary action, up to and including termination of employment for an employee and/or suspension or expulsion of a student.
After an investigation, if the Superintendent or designee finds that it is more probable than not that an individual has violated District policy, the Superintendent shall refer the matter as follows:
If the responding party is an employee, to the employee’s administrative supervisor for further action. If the person alleged to have violated policy is a teacher or an administrator, the provisions of Policy GCQF shall apply. In cases of serious misconduct, dismissal or suspension proceedings in accordance with A.R.S. 15-539 et seq., may be initiated. If the person alleged to have violated policy is a support staff employee, the provisions of Policy GDQD shall apply.
If the person alleged to have violated policy is a student, discipline shall be imposed in accordance with Policies JK, JKD and JKE.
If the person who violated District policy is a vendor, contractor, volunteer, or community member, the Superintendent may make findings concerning the action that will be taken to remedy the matter.
At the close of an investigation, if the Superintendent is unable to confirm that the person alleged to have violated policy has violated policy, the Superintendent shall so inform the complaining party in writing and close the matter.
Right to Make Complaints
to Outside Agency
In addition to use of the District's internal procedures referenced by this regulation, District employees and students have the right to file claims of discrimination, harassment, or retaliation with outside agencies.
External agencies include:
United Stated Department of Education
Office for Civil Rights (OCR)
1244 Speer Blvd., Suite 310
Denver, Colorado 80204
Phone: (303) 844-5695
Fax: (303) 844-4303
E-mail: OCR.Denver@ed.gov
The Office of the Arizona Attorney General
Civil Rights Division (ACRD)
402 W. Congress Street, Suite S215
Tucson, Arizona 85701-1367
Phone: (520) 628-6500
TDD: 628-6872
The United States Equal Employment Opportunity Commission
(EEO/AA/ADAC)
3300 N. Central Avenue, Suite 690
Phoenix, Arizona 85012
Phone: (602) 640-5000
Phone: (800) 669-4000
TTY: (800) 669-6820