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Complaints

Public Complaint Procedure

Step One: 

Any member of the public who wishes to express a concern should discuss the matter with the public charter school employee involved. The employee shall respond within five working days.

Step Two: The Principal

If the individual is unable to resolve a problem or concern with the employee the individual may file a written, signed complaint with the principal clearly stating the nature of the complaint and a suggested remedy. (A form is available, but is not required.)

The principal shall investigate the complaint, confer with the complainant and the parties involved and prepare a report of his or her findings and conclusion and provide a report in writing or in an electronic form to the complainant within 10 working days of receipt of the written complaint.

Step Three: The Executive Director

If the complainant is unable to resolve the complaint, within 10 working days of the meeting with the principal, the complainant, if he/she wishes to pursue the action, shall file a signed, written complaint with the executive director clearly stating the nature of the complaint and a suggested remedy. (A form is available, but is not required.)

The executive director shall investigate the complaint, confer with the complainant and the parties involved and prepare a report of his/her findings and conclusion and provide the report in writing or in an electronic form to the complainant within 10 working days after receiving the written complaint.

Step Four: The Board

If the complainant is dissatisfied with the executive director’s or designee’s findings and conclusion, the complainant may appeal the decision to the Board within five working days of receiving the executive director’s decision. The Board may hold a hearing to review the findings and conclusion of the executive director, to hear the complaint and to hear and evaluate any other evidence as it deems appropriate. All parties involved may be asked to attend such hearing for the purposes of making further explanations and clarifying the issues.

If the Board chooses not to hear the complaint, the executive director’s decision is final.

The Board may hold the hearing in executive session if the subject matter qualifies under Oregon law.

The complainant shall be informed in writing or in electronic form of the Board’s decision within 20 working days from the hearing of the appeal to the Board. The Board’s decision will address each allegation in the complaint and contain reasons for the Board’s decision.

The complaint procedure will not be longer than 90 days from the filing date of the original complaint with the principal.12

3Complaints against the principal may start at step 3 and may be filed with the executive director. Complaints against the executive director may start at step 4 and should be referred to the Board president on behalf of the Board. The Board president shall present the complaint to the Board. If the Board decides an investigation is warranted, the Board may refer the investigation to a third party. When the investigation is complete, the results will be presented to the Board. After receiving the results of the investigation, the Board shall decide, within 20 days, in open session what action, if any, is warranted.

Complaints against the Board as a whole or against an individual Board member should be made to the Board chair on behalf of the Board. The Board president shall present the complaint to the Board. If the Board decides an investigation is warranted, the Board may refer the investigation to a third party. When the investigation is complete, the results will be presented to the Board. After receiving the results of the investigation, the Board shall decide, within 20 days, in open session what action if any, is warranted.

Complaints against the Board president may be made directly to the Board secretary on behalf of the Board. The Board secretary shall present the complaint to the Board. If the Board decides an investigation is warranted, the Board may refer the investigation to a third party. When the investigation is complete the results will be presented to the Board. After receiving the results of the investigation, the Board shall decide, within 20 days, in open session what action, if any, is warranted.

The final decision for a complaint processed under this administrative regulation that alleges a violation of OAR Chapter 581, Division 22 (Standards), ORS 339.285 to 339.383 or OAR 581-021-0550 to 581-021- 0570 (Restraint and Seclusion) or ORS 659.852 (Retaliation), will be issued in writing or electronic form. The final decision will address each allegation in the complaint and contain reasons for the school’s decision. If the complainant is a student, parent or guardian of a student attending the public charter school or a person that resides in the district where the school is located, and this complaint alleges a violation of Oregon Administrative Rule (OAR) Chapter 581, Division 22 (Standards), ORS 339.285 to 339.383 or OAR 581-021-0550 to 581-021-0570 (Restraint and Seclusion) or ORS 659.852 (Retaliation), and is not resolved through the complaint process, the complainant may have appeal rights with the Deputy Superintendent of Public Instruction as outlined in OAR 581-002-0040.

If the complaint alleges discrimination pursuant to ORS 659.850 (Discrimination) and the complaint is not resolved at the local level through the Board’s administrative regulation AC-AR - Discrimination Complaint Procedure, the complaint may meet the criteria to file an appeal with the Deputy Superintendent of Public Instruction as outlined in OAR 581-021-0049.

1The timelines may be extended upon written agreement between both parties.
2This applies to complaints filed against the [administrator][director] or any Board member.

3If there is only a public charter school administrator, the complainant may file with the Board chair. Please make appropriate bracketed language selections in the first sentence then delete second sentence. If there is an administrator and a director, make the appropriate bracketed language selections in this paragraph using the first and second sentences to outline to whom a complaint is filed. 

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Yaeko Rodrigues,
Oct 11, 2018, 11:43 AM
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