103 - Complaints-Students, Employees, Parents, Other Persons

I.  PURPOSE

The school district takes seriously all concerns or complaints by students, employees, parents or other persons. If a specific complaint procedure is provided within any other policy of the school district, negotiated agreement, or Terms and Conditions of Employment, the specific procedure shall be followed in reference to such a complaint. If a specific complaint procedure is not provided, the purpose of this policy is to provide a procedure that may be used.

II. GENERAL STATEMENT OF POLICY

A. Students, parents, employees, or other persons may report concerns or complaints to the school district. While written reports are encouraged, a complaint may be made orally. Any employee receiving a complaint shall advise the principal or immediate supervisor of the receipt of the complaint. The supervisor shall make an initial determination as to the seriousness of the complaint and whether the matter should be referred to the superintendent. A person may file a complaint at any level of the school district; i.e., principal, superintendent, or school board. However, persons are encouraged to file a complaint at the building level with the staff member most immediately involved with the issue when appropriate.

B. Depending upon the nature and seriousness of the complaint, the supervisor or other administrator receiving the complaint shall determine the nature and scope of the investigation or follow-up procedures. If the complaint involves serious allegations, the matter shall promptly be referred to the superintendent, who shall determine whether an internal or external investigation should be conducted. In either case, the superintendent shall determine the nature and scope of the investigation and designate the person responsible for investigation or follow-up relating to the complaint. The designated investigator shall ascertain details concerning the complaint and respond promptly to the appropriate administrator concerning the status or outcome of the matter.

C. The appropriate administrator shall respond in a reasonable time-period in writing to the complaining party concerning the completion of the investigation. The superintendent shall be copied on the correspondence and consulted in advance of the written response when appropriate. The response to the complaining party shall be consistent with the rights of others pursuant to the applicable provisions of Minnesota Statutes chapter 13 (the Minnesota Government Data Practices Act) or other law.

D. Before a complaint against an employee is acted upon, the employee will have the opportunity to respond to the complaint with the appropriate administrator to present information relevant to the complaint.

E. No reprisals against a complainant or witness will be tolerated.

Legal References:      

• Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)

Cross References:      

• Burnsville-Eagan-Savage School District Policy 206 (Public Participation in School Board Meetings/Complaints about Persons at School Board Meetings and Data Privacy Considerations)
• Burnsville-Eagan-Savage School District Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)
• Burnsville-Eagan-Savage School District Policy 413 (Harassment and Violence)
• Burnsville-Eagan-Savage School District Policy 422 (Policies Incorporated by Reference)
• Burnsville-Eagan-Savage School District Policy 514 (Bullying Prohibition)
• MSBA School Law Bulletin “I” (School Records – Privacy – Access to Data)