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3.18 Federal Programs Complaints

Business Operations

FEDERAL PROGRAMS COMPLAINTS

Board of Education Section 3

Policy 3.18

The technology center receives federal funds and the board has established this policy to help ensure compliance with federal grant requirements. Any student, parent, community member or employee who believes the district has violated any regulation connected with the expenditure of federal funds should notify the technology center using the process outlined in this policy.  

Definitions

  1. “Federal Programs Complaint Coordinator” – The person designated to process complaints, moderate, and keep records during hearings;  
    Human Resource Manager
    District Administrative Office
    1004 Highway 2 North
    Wilburton, OK 74578
  2. “Grievant” – The person making the complaint.  
  3. “Respondent” – The person alleged to be responsible for the improper activity contained in the complaint. The term may be used to designate persons with responsibility for a particular action or those persons with supervisory responsibility for procedures and policies in those areas covered in the complaint.
  4. “Day” – Day means a working day when the technology center’s main administrative offices are open. The calculation of days shall exclude Saturdays, Sundays, and legal holidays.

Procedural Steps

Step 1:
Address the problem informally. Prior to filing a written complaint, individuals are encouraged to visit with the responsible party or a school administrator and make reasonable efforts to resolve the problem. School employees are required to participate in this process.

Step 2:
If the problem was not resolved informally, or if a parent, student, or patron believes informal resolution is not advisable, the grievant may submit a complaint to the Complaint coordinator on the attached form. This form can be obtained from the complaint coordinator and must contain all the requested information. 

The Complaint coordinator will conduct an impartial investigation within ten (10) days of receipt of the complaint (or as soon as reasonably possible given the circumstances, but not more than thirty (30) days). The investigation will include, but not be limited to, interviewing the grievant, respondent, and witnesses, and reviewing relevant documents. The Complaint coordinator will specifically ask the respondent to confirm or deny facts, accept or reject the grievant’s requested action, and outline alternatives.  

After the investigation, the Complaint coordinator will prepare a written decision regarding the results of the investigation. The decision will be mailed to the grievant, respondent, and superintendent within five (5) days of the conclusion of the investigation.  

Step 3:
If either the grievant or respondent are dissatisfied with the step 2 decision, he or she may appeal. The Complaint coordinator must receive a written notice of appeal within five (5) days of the appealing party’s receipt of the step 2 decision or the matter is deemed resolved. The appeal notice must include a specific statement explaining the basis for the appeal.

Within five (5) days of receipt of a timely appeal, the Complaint coordinator will refer the matter to the Deputy superintendent (or other impartial individual if the superintendent is the respondent).

The superintendent (or other impartial individual if the superintendent is the respondent) will conduct a hearing within ten (10) days of his/her receipt of the appeal. The grievant, respondent and Complaint coordinator will all be invited to attend the appeal hearing, and relevant employees are required to participate in this process.

At the hearing, the deputy superintendent (or other impartial individual if the superintendent is the respondent) will review the information collected through the investigation and may ask for additional oral or written evidence from the parties and any other individual he/she deems relevant. The Complaint coordinator will make arrangements to audiotape any oral evidence presented.  

After the investigation, the deputy superintendent (or other impartial individual if the superintendent is the respondent) will prepare a written decision regarding his/her findings. The decision will be mailed to the grievant, respondent, and grievance coordinator within five (5) days of the conclusion of the appeal hearing.  

Step 4:
If either the grievant or respondent are dissatisfied with the step 3 decision, he or she may appeal to the board of education. The Complaint coordinator must receive a written notice of appeal within five (5) days of the appealing party’s receipt of the step 3 decision or the matter is deemed resolved. The appeal notice must include a specific statement explaining the basis for the appeal.

Within five (5) days of receipt of a timely appeal, the Complaint coordinator will notify the board of education clerk. The board will conduct a hearing within thirty (30) days of the clerk’s receipt of the appeal. The grievant, respondent and Complaint coordinator will all be invited to attend the appeal hearing, and relevant employees are required to participate in this process.

At the hearing, the board may ask for oral and written evidence to be presented by both parties. The board clerk will make arrangements to audiotape any oral evidence presented. After the hearing, the board clerk will prepare a written decision regarding the board’s findings. The decision will be mailed to the grievant, respondent, and Complaint coordinator, within five (5) days of the conclusion of the appeal hearing. 

General Provisions

  1. Extension of time:  
    • Any time limits set by these procedures may be extended by mutual consent of the parties involved, although the total number of days from the date the complaint is filed until the board of education issues a final decision shall not exceed one hundred twenty (120) days.
  2. Confidentiality of Records:   
    • Complaint records will remain confidential, to the extent allowed by law, unless permission is given by the parties involved to release such information. All complaint records will be kept separate from any other records of the district. No complaint record shall be entered in any personnel file unless adverse employment action is taken against an employee. Complaint records shall be maintained on file for three years after complaint resolution.
  3. Representation: 
    • The grievant and the respondent may have a representative assist them through the grievance process and accompany them to any hearing.
  4. Retaliation: 
    • The technology center prohibits retaliation, intimidation, threats, or coercion related to any aspect of the Complaint process, including but not limited to: making a complaint, testifying, assisting, appealing, or participating in any other proceeding or hearing. The technology center will take steps to prevent retaliation. These steps include notifying students and employees that they are protected from retaliation, making sure grievants know how to report future problems and making follow-up inquiries to see if there have been any new incidents. If retaliation occurs, the technology center will take strong responsive action.
  5. Basis of Decision: 
    • At each step in the Complaint procedure, the decisionmaker will take or recommend appropriate measures based on the facts taken as a whole, as revealed by the investigation and hearing, and the totality of the circumstances, such as the nature, extent, context, and gravity of the activities or incidents. 

 

Adopted July 1, 2022

 

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