JIISTUDENT CONCERNS, COMPLAINTS,
AND GRIEVANCES
JIIThe Superintendent is directed to establish procedures whereby students or their parent/guardian on their behalf may present a concern, complaint, or grievance regarding a violation of their student's constitutional rights, equal access to programs, discrimination, or personal safety provided that:
A. The topic is not the subject of disciplinary or other proceedings under other policies and regulations of the District, and
B. The procedure shall not apply to any matter for which the method of review is prescribed by law, or the Governing Board is without authority to act.
A concern, complaint, or grievance may be raised regarding one (1) or more of the following:
A. Violation of the student's constitutional rights.
B. Denial of an equal opportunity to participate in any program or activity for which the student qualifies other than maintaining the minimum academic and behavioral standards established by the Board, or their individual ability in the extracurricular activity.
C. Discriminatory treatment on the basis of their race, sex, (which includes a prohibition against sexual harassment as described in the District's policy concerning sexual harassment), sexual orientation, gender identity or expression, national origin, ethnicity, religion, creed, age, or disability.
D. Concern for the student's personal safety.
Refer to Board Policy JICK for procedures applying to a concern, complaint, or grievance that alleges incidences of student violence, harassment, intimidation, or bullying.
The concern, complaint, or grievance should be made as soon as the student or parent/guardian knew or should have reasonably known that there were grounds for the concern, complaint, or grievance. The initial concern, complaint, or grievance should be made using form JII-EA; however, a verbal concern, complaint, or grievance may be made to a teacher or administrator. If a teacher, they shall inform an administrator of the concern, complaint, or grievance as soon as possible, but not later than the one (1) business day following the day that the teacher received the concern, complaint, or grievance.
When the initial concern, complaint, or grievance is submitted in a manner other than on the prescribed form, the administrator shall obtain from the student or parent/guardian the particulars of the concern, complaint, or grievance and complete form JII-EA, no later than one (1) business day after learning of it. The administrator shall especially note all student or parent/legal guardian - provided particulars determined by the Superintendent to be necessary for the concern, complaint, or grievance to be investigated. Any question of whether a concern, complaint, or grievance falls within this policy shall be determined by the Superintendent.
If the receiving school administrator is included in the allegation, the concern, complaint, or grievance shall be transmitted to the next higher administrative supervisor. Failure by the staff member to timely inform a school administrator or next higher administrative supervisor of a student or parent/legal guardian's allegation may subject the staff member to disciplinary action. The staff member shall preserve the confidentiality of the subject, disclosing it only to the appropriate school administrator or next higher administrative supervisor or as otherwise required by law.
A student or student's parent or legal guardian may initiate the complaint process by completing Exhibit JII-EA.
A concern, complaint, or grievance may be withdrawn at any time.
Retaliatory or intimidating acts against any student who has made a complaint under this policy and its corresponding regulations, or who is the subject of a complaint, or against a student who has testified, assisted, or participated in any manner in an investigation relating to a concern, complaint, or grievance, are specifically prohibited and constitute grounds for a separate complaint.
To assure that students and staff are aware of its content and intent, a notice of this policy and procedure shall be posted conspicuously in each school building and shall be made a part of the rights and responsibilities section of the student handbook. Forms for submitting concerns, complaints, or grievances are to be available to students, staff, and parents or guardians in the school offices.
Disposition of all concerns, complaints, or grievances shall be reported to the Superintendent and the compliance officer for discrimination if other than the Superintendent. The Superintendent will determine if the policies of the District have been appropriately implemented and will make such reports and/or referrals to the Board as may be necessary.
The Superintendent shall develop procedures for the maintenance and confidentiality of documentation related to the receipt of a student or parent/legal guardian's concern, complaint, or grievance, findings of the investigation, and disposition of the matter. The documentation shall not be used to impose disciplinary action unless the appropriate school official has investigated and determined there was an actual occurrence of the alleged incident.
A student knowingly submitting a false report under this policy shall subject the student to discipline up to and including suspension or expulsion. Where disciplinary action is necessary pursuant to any part of this policy, relevant District policies shall be followed.
When District officials have a reasonable belief or an investigation reveals that a reported incident may constitute an unlawful act, law enforcement authorities will be informed.
Adopted: June 22, 2021
LEGAL REF.:
A.R.S.
15-341
CROSS REF.:
AC - Nondiscrimination/Equal Opportunity
ACA - Sexual Harassment
GBEB - Staff Conduct
JB - Equal Educational Opportunities
JIC - Student Conduct
JICFA - Hazing
JICK - Student Violence/Harassment/Intimidation/Bullying
JK - Student Discipline
JKD - Student Suspension
JKE - Expulsion of Students
KE - Public Concerns and Complaints