{ "_metadata": { "source": "https://simbli.eboardsolutions.com/Policy/ViewPolicy.aspx?S=36030397&revid=YpvqTTplus6LMviChpN8VhjRw==", "scrapedAt": "2026-05-24T20:11:49.868Z", "method": "Playwright + Simbli ViewPolicy API scraper" }, "code": "1312.1", "title": "Complaints Concerning District Employees", "type": "AR", "section": "1000", "lastRevised": "11/04/2009", "lastReviewed": "11/04/2009", "hasAttachment": false, "revid": "YpvqTTplus6LMviChpN8VhjRw==", "contentHtml": "\n\n\t\n\t\n\t\n\t\n\t\n\n\n\n

The Superintendent or designee shall determine whether a complaint should be considered a complaint against the district and/or an individual employee, and whether it should be resolved by the district's process for complaints concerning personnel and/or other district procedures.

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To promote prompt and fair resolution of the complaint, the following procedures shall govern the resolution of complaints against district employees:

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  1. Every effort should be made to resolve a complaint at the earliest possible stage. Whenever possible, the complainant should communicate directly to the employee in order to resolve concerns.
    \n\t 
    2. \n\t
  2. If a complainant is unable or unwilling to resolve the complaint directly with the employee, he/she may submit an oral or written complaint to the employee's immediate supervisor or the principal.
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    3. \n\t
  3. All complaints related to district personnel other than administrators shall be submitted in writing to the principal or immediate supervisor. If the complainant is unable to prepare the complaint in writing, administrative staff shall help him/her to do so. Complaints related to a principal or central office administrator shall be initially filed in writing with the Superintendent or designee. Complaints related to the Superintendent shall be initially filed in writing with the Board.
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    4. \n\t
  4. When a written complaint is received, the employee shall be notified within 15 days or in accordance with collective bargaining agreements.
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    5. \n\t
  5. A written complaint shall include:
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      \n\t\t
    1. The full name of each employee involved
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      2. \n\t\t
    2. A brief but specific summary of the complaint and the facts surrounding it
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      3. \n\t\t
    3. A specific description of any prior attempt to discuss the complaint with the employee and the failure to resolve the matter
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      4. \n\t
    \n\t
    6. \n\t
  6. Staff responsible for investigating complaints shall attempt to resolve the complaint to the satisfaction of the parties involved within 30 days.
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    7. \n\t
  7. Both the complainant and the employee against whom the complaint was made may appeal a decision by the principal or immediate supervisor to the Superintendent or designee, who shall attempt to resolve the complaint to the satisfaction of the person involved within 30 days. Parties should consider and accept the Superintendent or designee's decision as final. However, the complainant, the employee, or the Superintendent or designee may ask to address the Board regarding the complaint.
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    8. \n\t
  8. Before any Board consideration of a complaint, the Superintendent or designee shall submit to the Board a written report concerning the complaint, including but not limited to:
    \n\t \n\t
      \n\t\t
    1. The full name of each employee involved
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      2. \n\t\t
    2. A brief but specific summary of the complaint and the facts surrounding it, sufficient to inform the Board and the parties as to the precise nature of the complaint and to allow the parties to prepare a response
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      3. \n\t\t
    3. A copy of the signed original complaint
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      4. \n\t\t
    4. A summary of the action taken by the Superintendent or designee, together with his/her specific finding that the problem has not been resolved and the reasons
      \n\t\t 
      5. \n\t
    \n\t
    9. \n\t
  9. The Board may uphold the Superintendent's decision without hearing the complaint.
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    10. \n\t
  10. All parties to a complaint may be asked to attend a Board meeting in order to clarify the issue and present all available evidence.
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    11. \n\t
  11. A closed session may be held to hear the complaint in accordance with law.
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    12. \n\t
  12. The decision of the Board shall be final.
    13. \n
\n\n

Any complaint of child abuse or neglect alleged against a district employee shall be reported to the appropriate local agencies in accordance with law, Board policy and administrative regulation.

\n\n\n", "contentText": "The Superintendent or designee shall determine whether a complaint should be considered a complaint against the district and/or an individual employee, and whether it should be resolved by the district's process for complaints concerning personnel and/or other district procedures.\n\nTo promote prompt and fair resolution of the complaint, the following procedures shall govern the resolution of complaints against district employees:\n\n- Every effort should be made to resolve a complaint at the earliest possible stage. Whenever possible, the complainant should communicate directly to the employee in order to resolve concerns.\n\n- If a complainant is unable or unwilling to resolve the complaint directly with the employee, he/she may submit an oral or written complaint to the employee's immediate supervisor or the principal.\n\n- All complaints related to district personnel other than administrators shall be submitted in writing to the principal or immediate supervisor. If the complainant is unable to prepare the complaint in writing, administrative staff shall help him/her to do so. Complaints related to a principal or central office administrator shall be initially filed in writing with the Superintendent or designee. Complaints related to the Superintendent shall be initially filed in writing with the Board.\n\n- When a written complaint is received, the employee shall be notified within 15 days or in accordance with collective bargaining agreements.\n\n- A written complaint shall include:\n\n- The full name of each employee involved\n\n- A brief but specific summary of the complaint and the facts surrounding it\n\n- A specific description of any prior attempt to discuss the complaint with the employee and the failure to resolve the matter\n\n- Staff responsible for investigating complaints shall attempt to resolve the complaint to the satisfaction of the parties involved within 30 days.\n\n- Both the complainant and the employee against whom the complaint was made may appeal a decision by the principal or immediate supervisor to the Superintendent or designee, who shall attempt to resolve the complaint to the satisfaction of the person involved within 30 days. Parties should consider and accept the Superintendent or designee's decision as final. However, the complainant, the employee, or the Superintendent or designee may ask to address the Board regarding the complaint.\n\n\t​​​​​​​\n\n- Before any Board consideration of a complaint, the Superintendent or designee shall submit to the Board a written report concerning the complaint, including but not limited to:\n\n- The full name of each employee involved\n\n- A brief but specific summary of the complaint and the facts surrounding it, sufficient to inform the Board and the parties as to the precise nature of the complaint and to allow the parties to prepare a response\n\n- A copy of the signed original complaint\n\n- A summary of the action taken by the Superintendent or designee, together with his/her specific finding that the problem has not been resolved and the reasons\n\n- The Board may uphold the Superintendent's decision without hearing the complaint.\n\n- All parties to a complaint may be asked to attend a Board meeting in order to clarify the issue and present all available evidence.\n\n- A closed session may be held to hear the complaint in accordance with law.\n\n- The decision of the Board shall be final.\n\nAny complaint of child abuse or neglect alleged against a district employee shall be reported to the appropriate local agencies in accordance with law, Board policy and administrative regulation.", "footnotes": [ { "type": "State", "references": [ { "code": "Ed. Code 33308.1", "description": "Guidelines on procedure for filing child abuse complaints", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=33308.1." }, { "code": "Ed. Code 35146", "description": "Closed sessions", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=35146." }, { "code": "Ed. Code 44031", "description": "Personnel file contents and inspection", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=44031." }, { "code": "Ed. Code 44811", "description": "Disruption of classwork or extracurricular activities", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=44811." }, { "code": "Ed. Code 44932-44949", "description": "Resignation, dismissal and leaves of absence (rights of employee; procedures to follow)", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=3.&title=2.&part=25.&chapter=4.&article=3." }, { "code": "Ed. Code 48987", "description": "Child abuse guidelines", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=48987." }, { "code": "Gov. Code 54957", "description": "Closed session; complaints re employees", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=54957." }, { "code": "Gov. Code 54957.6", "description": "Closed sessions regarding employee matters", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=54957.6." }, { "code": "Pen. Code 11164-11174.3", "description": "Child Abuse and Neglect Reporting Act", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=1.&part=4.&chapter=2.&article=2.5." }, { "code": "Pen. Code 273", "description": "Cruelty or unjustifiable punishment of child", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=273." }, { "code": "W&I Code 300", "description": "Minors subject to jurisdiction of juvenile court", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC§ionNum=300." } ] }, { "type": "Management Resources", "references": [ { "code": "Court Decision", "description": "Baca v. Moreno Valley Unified School District (1996) 936 F. Supp. 719", "url": "https://law.justia.com/cases/" }, { "code": "Website", "description": "CSBA District and County Office of Education Legal Services", "url": "https://legalservices.csba.org/" } ] } ], "crossRefs": [ { "code": "1100", "title": "Communication With The Public", "type": "AR" }, { "code": "1250", "title": "Visitors/Outsiders", "type": "AR" }, { "code": "1250", "title": "Visitors/Outsiders", "type": "AR" }, { "code": "1312.2", "title": "Complaints Concerning Instructional Materials", "type": "AR" }, { "code": "1312.2", "title": "Complaints Concerning Instructional Materials", "type": "AR" }, { "code": "1312.2-E(1)", "title": "Complaints Concerning Instructional Materials", "type": "AR" }, { "code": "1312.3", "title": "Uniform Complaint Procedures", "type": "AR" }, { "code": "1312.3", "title": "Uniform Complaint Procedures", "type": "AR" }, { "code": "1313", "title": "Civility", "type": "AR" }, { "code": "3555", "title": "Nutrition Program Compliance", "type": "AR" }, { "code": "3555-E PDF(1)", "title": "Nutrition Program Compliance", "type": "AR" }, { "code": "3555-E(1)", "title": "Nutrition Program Compliance", "type": "AR" }, { "code": "4030", "title": "Nondiscrimination In Employment", "type": "AR" }, { "code": "4030", "title": "Nondiscrimination In Employment", "type": "AR" }, { "code": "4112.6", "title": "Personnel Files", "type": "AR" }, { "code": "4117.7", "title": "Employment Status Reports", "type": "AR" }, { "code": "4118", "title": "Dismissal/Suspension/Disciplinary Action", "type": "AR" }, { "code": "4118", "title": "Dismissal/Suspension/Disciplinary Action", "type": "AR" }, { "code": "4119.1", "title": "Civil And Legal Rights", "type": "AR" }, { "code": "4119.21", "title": "Professional Standards", "type": "AR" }, { "code": "4119.21-E PDF(1)", "title": "Professional Standards", "type": "AR" }, { "code": "4218", "title": "Dismissal/Suspension/Disciplinary Action", "type": "AR" }, { "code": "4218", "title": "Dismissal/Suspension/Disciplinary Action", "type": "AR" }, { "code": "4219.1", "title": "Civil And Legal Rights", "type": "AR" }, { "code": "4219.21", "title": "Professional Standards", "type": "AR" }, { "code": "4319.1", "title": "Civil And Legal Rights", "type": "AR" }, { "code": "4319.21", "title": "Professional Standards", "type": "AR" }, { "code": "5141.4", "title": "Child Abuse Prevention And Reporting", "type": "AR" }, { "code": "5141.4", "title": "Child Abuse Prevention And Reporting", "type": "AR" }, { "code": "5145.12", "title": "Search And Seizure", "type": "AR" }, { "code": "5145.3", "title": "Nondiscrimination/Harassment", "type": "AR" }, { "code": "5145.3", "title": "Nondiscrimination/Harassment", "type": "AR" }, { "code": "5145.7", "title": "Sexual Harassment", "type": "AR" }, { "code": "5145.7", "title": "Sexual Harassment", "type": "AR" }, { "code": "5145.9", "title": "Hate-Motivated Behavior", "type": "AR" }, { "code": "6144", "title": "Controversial Issues", "type": "AR" }, { "code": "6144", "title": "Controversial Issues", "type": "AR" }, { "code": "9000", "title": "Role Of The Board", "type": "AR" }, { "code": "9130", "title": "Board Committees", "type": "AR" }, { "code": "9200", "title": "Limits Of Board Member Authority", "type": "AR" }, { "code": "9322", "title": "Agenda/Meeting Materials", "type": "AR" }, { "code": "9323", "title": "Meeting Conduct", "type": "AR" } ], "attachments": [] }