A Reference Guide of the Bakersfield City School District

Rights and ResponsibilitiesComplaints Concerning District EmployeesFor Parents and/or Guardians, Pupils, Employees, Advisory Committees,Private School Officials, and Other Interested PartiesThe Governing Board accepts responsibility for providing a means by which the public can hold employeesaccountable for their actions. The Board desires that complaints be resolved expeditiously without disrupting theeducational process.The Superintendent or designee shall develop regulations which permit the public to submit complaints againstdistrict employees in an appropriate way. These regulations shall protect the rights of involved parties. The Boardmay serve as an appeals body if the complaint is not resolved.(cf. BP 400.38 - Complaints Concerning Instructional Material) (cf. BP 605.3 - Uniform Complaint Procedures)(cf. BP 400.33 - Classroom Interruptions) (cf. BP 300.45 - Disruptions of District Service)Complaints against district personnel shall be investigated according to the procedures designated in theaccompanying administrative regulation.It is the Board's desire and expectation that all parties will make every effort to resolve complaints informally beforeresorting to formal complaint procedures.The Board prohibits retaliation against complainants. The Superintendent or designee at his/her discretion may keepa complainant's identity confidential, except to the extent necessary to investigate the complaint. The district will notinvestigate anonymous complaints unless it so desires.Complaints for which a specific method of review is provided by statute, policies or regulations of the Board orwhich are arguably covered by a current collective bargaining agreement are not subject to this procedure. Thispolicy also does not apply to complaints involving accusations of child abuse, sexual harassment, or compliance withstate and federal laws and regulations governing educational programs.The Superintendent or designee shall determine whether a complaint should be considered a complaint against thedistrict and/or the individual, and whether it should be resolved by the district's process for complaints concerningemployees and/or other district procedures, or both.(cf. BP 400.38 - Complaints Concerning Instructional Material) (cf. BP 605.3 - Uniform Complaint Procedures)To promote prompt and fair resolution of the complaint, the following procedures shall govern the resolution ofcomplaints against district employees:1. Every effort should be made to resolve a complaint at the earliest possible stage. Whenever possible thecomplainant should communicate directly to the employee in order to resolve the concern.2. If a complainant is unable or unwilling to resolve the complaint directly with the employee, he/she may submitan oral or written complaint to the employee's immediate supervisor or the principal. “Unable” and “unwilling”includes, but is not limited to: (a) the complainant reports experiencing considerable psychosocial stress wheninteracting directly with the employee or (b) the employee can not be made reasonably accessible to resolve thecomplaint directly. All complaints related to district personnel other than administrators shall be submitted inwriting to the principal or immediate supervisor. If a complainant is unable to put a complaint in writing due tosuch conditions as illiteracy or other disabilities, district staff shall help him/her by writing down thecomplainant’s concerns (Title 5, California Code of Regulations, Section 4600). Complaints related to aprincipal or central office administrator shall be initially filed in writing with the Superintendent or designee.Complaints related to the Superintendent shall be initially filed with the Board.3. When a written complaint is received, the employee shall be notified as soon as reasonably possible or inaccordance with applicable collective bargaining agreements.37