JIISTUDENT CONCERNS, COMPLAINTS,
AND GRIEVANCES
JIIThe Superintendent is directed to establish procedures whereby students with sufficient concern may present a complaint or grievance regarding a violation of their constitutional rights, equal access to programs, discrimination, harassment, intimidation, bullying 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 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 not related to the student's individual capabilities.
C. Discriminatory treatment on the basis of real or perceived race, color, religion, sex, age, national origin, disability, sexual orientation or gender expression or identity.
D. Harassment of the student by another person.
E. Concern for the student's personal safety.
A complaint/grievance may be submitted to a school principal, an Assistant/Associate Superintendent, or the Superintendent. Additional information is located in the District's Notice of Non-Discrimination. The District's Title IX Coordinator is the Associate Superintendent who can be contacted at 500 West Guadalupe Road in Tempe or by phone at (480) 839-0292. If any other staff member receives a complaint or grievance, the staff member shall immediately inform the school site principal, an Assistant/Associate Superintendent, or the Superintendent.
Students and parents are encouraged to immediately report any alleged violations listed above. Whenever possible, the accusation should be made within thirty (30) calendar days of the time the student knew or should have known that there were grounds for the complaint/grievance. However, complaints will be accepted beyond thirty (30) days. The initial complaint or grievance should be made using form JII-EA; however, a verbal complaint or grievance may be made to any school staff member. Any question concerning whether a complaint or grievance falls within this policy shall be determined by the Superintendent.
If the receiving administrator is included in the allegation, the 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'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 the student's parent or guardian may initiate a complaint by completing Exhibit JII-EA. However, the District will initiate an investigation pursuant to the procedures outlined in Board policy regardless of whether the complaint/grievance has been reduced to writing by the complainant. The administrator who receives the complaint/grievance may ask the complainant to fill out exhibit JII-EA and will provide assistance in doing so if requested. If the complainant is unwilling to complete exhibit JII-EA, the administrator will reduce the complaint to writing.
A complaint/grievance may be withdrawn at any time; however, the District will complete an investigation and take remedial action regardless of whether a complaint/grievance has been withdrawn if the District believes that a student's rights have been violated.
Retaliatory or intimidating acts against any student who has made a complaint under this policy and its corresponding regulations, or against a student who has testified, assisted or participated in any manner in an investigation relating to a complaint or grievance, are specifically prohibited and constitute grounds for a separate complaint.
Disposition of all complaints or grievances shall be reported to the Superintendent and the compliance officer for discrimination if that individual is 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 Governing Board as may be necessary.
Upon completion of an investigation, the Superintendent or his/her designee shall determine the remedial action(s), if any, necessary to address and resolve an incident, including, as appropriate, provision of counseling and discipline to the perpetrator/victim, strategies to protect the individual filing the complaint and witnesses from retaliation, counseling and academic resources for the individual filing the complaint, witnesses, and the broader student body, and any other steps reasonably calculated to prevent further violations of District policy.
The Superintendent shall develop procedures for the maintenance and confidentiality of documentation related to the receipt of a student's 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 by a preponderance of evidence that there was an actual occurrence of the alleged incident.
Documentation related to reported bullying and subsequent investigation shall be maintained by the District for not less than six (6) years. In the event the District reports incidents to persons other than school officials or law enforcement all individually identifiable information shall be redacted. Restrictions established by FERPA on disclosure of personally identifiable student information must be observed at all times.
The Superintendent shall establish procedures for the dissemination of information to students, parents and guardians. The information will include, but not be limited to, Governing Board policies, incident reporting, support services (proactive and reactive) and student's rights. 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 are available in the school office for students, staff and parents to submit complaints.
The Superintendent shall establish procedures designed to protect the health and safety of students who are physically harmed as the result of bullying. These will include, when appropriate, procedures for contacting emergency medical services, law enforcement agencies, or both. Investigation of a complaint/grievance shall not be delayed pending investigation of any other entity, including law enforcement.
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: July 14, 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 Bullying/Harassment/Intimidation
JK - Student Discipline
JKD - Student Suspension and Expulsion
KE - Public Concerns and Complaints