HR Policy 1.03

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Subject: PROCEDURES FOR RESOLUTION OF DISCRIMINATION AND HARASSMENT COMPLAINTS
Source(s): Board Procedure 8012

Applicability

  1. Any employee, applicant for employment, student, parent or resident of the District who believes she/he has been discriminated against may file a complaint.

  2. Prior to the time a complaint has been filed, the Affirmative Action Officer/Title IX Complaint Investigator may meet with any employee, applicant for employment, parent, student, or District resident who believes she/he has been discriminated against. The purpose of such a meeting is to (1) explain this Policy and Procedure, and (2) provide information that is in the District's possession which the person is legally entitled to receive.

Filing of Complaint

  1. The complainant shall sign a written complaint and file it with the Affirmative Action Officer/Title IX Complaint Investigator (1) within 300 days after the alleged act(s) occurred or (2) within 300 days of the last occurrence of an ongoing condition. The Affirmative Action Officer/Title IX Complaint Investigator is located at the District Administration Office, 545 West Dayton Street, Madison, WI 53703 (Telephone: 663 1530).

  2. A complaint shall be deemed filed on the date received if delivered, or on the date postmarked if addressed by mail.

  3. The Affirmative Action Officer/Title IX Complaint Investigator shall send to the complainant a written acknowledgment of the receipt of the complaint as soon as practicable, but within ten working days.

  4. The Affirmative Action Officer/Title IX Complaint Investigator shall establish a complaint file. The file shall contain all documents pertinent to the complaint. The file should include, but is not limited to: (1) the complaint, (2) documents compiled as part of the investigation and (3) a statement of resolution. In cases where the complainant is not satisfied with the District's position and requests a reconsideration of said decision, the District will provide the complainant with a copy of the investigative report. In instances where the investigative report contains personnel or confidential subject matter, the District may refuse to make available the investigative report, but will provide a synopsis of the report excluding personnel or confidential materials.

  5. The Affirmative Action Officer/Title IX Complaint Investigator will give or send every complainant a copy of a prepared statement outlining the complainant's rights and options under applicable local, state and federal anti-discrimination laws. The information will include access to administrative agencies (EOC, DILHR, OCR, EEOC, etc.). This information is intended to assist the complainant and is not all inclusive. The statement will advise the complainant to seek assistance in determining any of his/her rights by contacting the enforcement agencies or his/her lawyer.

Confidentiality and Recrimination

  1. It is the policy of the District to keep the identity of the complainant confidential unless there are compelling reasons to disclose such identity. If there are compelling reasons to disclose the identity of the complainant, then the complainant shall be asked if he/she wants his/her identity disclosed. If the complainant does not want his/her identity disclosed, then the identity of the complainant shall be kept confidential. Should the complainant wish to keep his/her identity confidential, and should it become impossible to process or investigate the complaint as a result of the complainant not disclosing his/her identity, then the complaint may be dismissed.

  2. No District employee shall attempt to restrain, interfere with, coerce, discriminate or take reprisal action against the complainant(s) and their witnesses during or after the presentation, processing and resolution of a complaint.

Informal Complaint Resolution

  1. The District shall provide an opportunity for a resolution of the complaint on an informal basis after the complaint has been filed.

  2. For the informal resolution of a complaint, the Affirmative Action Officer/Title IX Complaint Investigator shall act as a facilitator if the complainant wishes to resolve the matter short of a full investigation. The District shall request the person who is alleged to be discriminating to seek a solution of the matter on an informal basis, and to respond to the complainant within 20 working days.

  3. If the alleged discriminating employee chooses not to respond to the request for an informal complaint resolution, a formal investigation will be conducted, unless otherwise agreed to by the complainant and the Affirmative Action Officer/Title IX Complaint Investigator.

  4. If the complainant is satisfied with the response to the request for an informal complaint resolution and an informal resolution of the complaint is arrived at, the terms of such resolution shall be reduced to writing and made a part of the complaint file. If the complainant is not satisfied with the response, the Affirmative Action Officer/Title IX Complaint Investigator shall proceed with the investigation.

Investigation

  1. The District shall provide a prompt, complete, independent and impartial investigation of the complaint. In most cases, the investigation will be conducted by the Affirmative Action Officer/Title IX Complaint Investigator. In some cases, the investigation may be conducted by an investigative team or outside consultant. The investigative team may consist of the Affirmative Action Officer/Title IX Complaint Investigator, the Labor Relations Manager, and the General Legal Counsel. In all cases the investigation shall be conducted in conjunction with the General Legal Counsel and/or the Labor Relations Manager consultation.

  2. The investigation shall include a thorough review of the circumstance under which the alleged discrimination occurred and any policies and practices related to the situation. The investigation may include the review of various documents and information acquired during the investigation, which may include, but are not limited to, the response of the alleged discriminating employee, written or oral statements from witnesses, copies of or extracts from records, policy statements, on site visits or regulations of the District.

Determination and Appeal

  1. After the investigation has been completed, the investigator shall inform the Superintendent or Superintendent designee of his/her determination of the complaint. The Superintendent or Superintendent designee shall inform the Affirmative Action Officer/Title IX Complaint Investigator of the District position on such determination of the complaint and the Superintendent or the Superintendent designee shall communicate in writing such determination of the complaint to the complainant within 90 days from the time the complaint is filed, unless an extension is agreed to by both parties.

  2. After the complainant receives the Superintendent's or Superintendent designee's written determination of the District's position, the complainant may request a reconsideration of the District's position. The reconsideration request must be filed within twenty (20) working days after receipt of the determination. The written request for reconsideration must contain a statement as to why the complainant is not satisfied with the decision. The Superintendent or Superintendent's designee will send the complainant a written acknowledgment within twenty (20) days after the Superintendent receives the reconsideration request.

  3. If the complaint was filed pursuant to Wisconsin Statute s. 118.13, the Superintendent or Superintendent designee will include in his/her letter to the complainant the fact that the complainant has a right to appeal its decision to the State Superintendent of Public Instruction. The complainant has thirty (30) days from the time he/she receives the Superintendent's or Superintendent designee's decision to appeal to the State Superintendent of Public Instruction.

January 2008