1312.1 - Complaints Against Employees

 The San Bernardino County Superintendent of Schools (SBCSS) places trust in the employees of SBCSS and desires to support their actions in such manner that employees are freed from unwarranted, spiteful or negative criticism and complaints. However, it is the policy of the County Superintendent to foster an environment where the public or employees feel comfortable raising issues and complaints. Therefore, retaliation or reprisals against complainants or participants will not be tolerated. Any participant who intentionally misdirects an investigation, retaliates against the complainant or the accused, whether by falsehoods or omissions, will be subject to disciplinary action. 
The County Superintendent has adopted procedures, which will permit the public to lodge criticism against staff members, assure a complete evaluation of complaints, and protect the rights of the staff members and the county office as well as the public. 
Upon request, parents/guardians shall receive procedures, written in their primary language, for filing a complaint of child abuse with the appropriate child protective agencies. If any parent/guardian complains of child abuse occurring at a school, the County Superintendent or designee shall provide him/her with these procedures and shall also provide an interpreter as needed for oral communication. 
Providing the procedures to parents/ guardians does not relieve mandated reporters from their duty to report suspected child abuse in accordance with law. 
The provisions of this procedure are subject to collective bargaining for employees represented by unions. An applicable procedure for unit members in an employee agreement shall take precedence over this procedure. 
In order to promote fair and constructive communication, the following procedures shall govern the resolution of complaints against employees of the SBCSS. Every effort should be made to resolve a complaint at the earliest possible stage.

1. The complainant shall communicate directly to the employee to attempt to resolve concerns, except in cases where such communication is not feasible or not appropriate. Complainants are encouraged to attempt to orally resolve concerns with the staff member personally.
2. If a complainant is unable or unwilling, for good reason, to resolve the complaint directly with the employee, he/she may submit the complaint in writing to the school principal or the employee's immediate supervisor. When necessary, SBCSS administrative staff shall inform and offer assistance in the preparation of the written complaint so as to meet the requirement of this procedure.

1. A written complaint must include (1) the name of each employee involved; (2) a brief but specific summary of the complaint and the facts surrounding it; (3) a specific description of any prior attempt(s) to discuss the complaint with the employee involved and the failure to resolve the matter; (4) the desired remedy or action to resolve the complaint; and (5) the signature of the complainant.
2. The principal or immediate supervisor is responsible for investigating the complaint and will attempt to resolve the complaint to the satisfaction of the person(s) involved.
3. If the complainant refuses, without good reason, to meet with the employee and/or the employee's supervisor, or otherwise declines to cooperate in the investigation or attempts to resolve the complaint, the complaint may be closed without further action.
4. Investigations shall include an opportunity for all parties to the complaint to present evidence or information leading to the support or denial of the allegations. To guard against retaliation, the principal or immediate supervisor may keep a complainant's identity confidential, except to the extent necessary to investigate the complaint. Anonymous complaints will not be investigated unless the Branch lead or other SBCSS administrator determines that such is warranted.
5. The principal or immediate supervisor shall render a decision regarding the merits of the complaint, and if applicable, a remedy or action to resolve it. The principal or immediate supervisor may receive assistance from any district staff or department with knowledge or resources related to the subject of the complaint.
6. If the complaint is resolved, the principal or immediate supervisor will so advise all concerned parties, including the County Superintendent's designee, the Director of Personnel. 

3. If the complaint remains unresolved after being reported to the principal or immediate supervisor, the complainant may appeal by submitting a written complaint, meeting the requirements described above in #2, to the County Superintendent's designee, the Director of Personnel. The appeal also must include the basis or reason for the appeal, meaning a statement or explanation as to why the complainant disagrees with the decision of the principal or immediate supervisor. Except where a complaint is directed against a Branch lead, the Branch lead shall be provided an opportunity to submit a written report summarizing his/her findings prior to a final determination by the County Superintendent or designee.
4. The County Superintendent or designee will render a decision, which shall be final.
5. Personnel actions, if any, taken as a result of a complaint will remain confidential. If the complaint is determined to have merit, the complainant may be advised that the complaint has been addressed, but will not be informed of specific personnel actions taken against any employee.
6. The complainant has the right to pursue civil law remedies when not satisfied with the results/decision of the County Superintendent or designee. The complainant may file a charge with a federal or state agency such as the Department of Fair Employment and Housing (DFEH), the Equal Employment Opportunity Commission (EEOC), the state Labor Commissioner, the U.S. Department of Labor, Office of Civil Rights (OCR), or federal and state OSHA, concerning matters within the jurisdiction of these agencies

Approved: February 2, 1993

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