X. COMPLAINT PROCESS RELATING TO EMPLOYMENT DISCRIMINATION OR HARASSMENT
Federal and state laws prohibit discrimination on the basis of RACE, COLOR, GENDER, NATIONAL ORIGIN, RELIGION, AGE (over 40), DISABLED STATUS, MARITAL STATUS, and/or VIETNAM ERA VETERAN STATUS in employment. Federal and state laws also provide for equal access to programs and services offered by the School District. Eugene School District 4J has adopted the following process to be used by staff, applicants for employment, and others who are alleging illegal employment discrimination and wish to file a complaint.
This procedure is intended to provide an orderly and timely method for administrative resolution of complaints alleging discrimination or harassment in employment. It does not interfere with an individual's right to use state or federal complaint procedures; however, employees and applicants are encouraged to use district procedures as a first step in resolution of the complaint. The Director of Human Resources is responsible for administration of this procedure.
Complaint forms are available in all school offices and at the Education Center, 200 North Monroe Street, Eugene, Oregon 97402, in either the Superintendent's Office or the Human Resources Department. Inquiries may be directed to the Director of Human Resources, 687-3119.
10.1 DEFINITIONS:
Complaint: Assertion or claim by one or more employees or applicants for employment of a violation of district policy or a state or federal law or regulation prohibiting discrimination or harassment on the basis of race, color, national origin, religion, age, gender, sexual orientation, marital status or disability.
Complainant: An employee or group of employees or applicant for employment who has initiated a complaint.
Accused: The person or entity that is alleged to have discriminated against or harassed the complainant.
Supervisor: For purpose of this procedure, the school principal for school personnel and the unit manager for employees in other district organizational units.
Workday: Any day that district offices are open for business. Unless specifically stated otherwise, all references to days means work days.
Party-in-Interest: An employee who might be required to take action, or against whom action might be taken, in order to resolve a complaint.
Investigator: Person designated or assigned by the Director of Human Resources the responsibility of investigating a formal complaint of discrimination or harassment.
Mediation: A problem solving intervention in which the complainant and accused work together with a third-party mediator to see if a mutually satisfactory solution can be identified so as to resolve the problem giving rise to the complaint.
10.2 INFORMAL PROCESS
A person is encouraged to discuss and resolve a discrimination complaint with the supervisor, who shall initiate an informal investigation of the allegations and attempt to resolve the matter in an informal manner. An informal complaint should be filed within 25 work days of the alleged incident. The supervisor may consult with the Human Resources Department and will respond to the complainant within 15 work days after the informal complaint has been filed.
10.3 FORMAL PROCESS
10.3.1 Step I
A person may file a formal complaint with the Human Resources Department in lieu of the informal proceedings or if the complaint cannot be resolved at the informal level. The complaint must be in writing and describe the factual basis of the alleged discrimination. The completed complaint form should be filed with Human Resources within 20 work days of the alleged incident, or 10 work days upon the response from the supervisor if the informal process was used.
The Director of Human Resources will initiate a formal investigation of the complaint. The investigation will include interviewing the complainant and the individual(s) alleged to have acted improperly. The Director of Human Resources may designate an individual to investigate the allegations, determine the facts and recommend possible ways of resolving the complaint. The Director of Human Resources will review the findings and recommendations of the investigator and provide a written response and decision to the complainant within 30 work days after receiving the complaint.
10.3.2 Step II
A complainant may file an appeal with the Superintendent at formal step II within 10 work days after receipt of the formal step I response. The Superintendent or designee will determine whether or not to hear the complaint, based on the written appeal and the record of step I proceedings, within 10 work days after the complaint was filed at formal step II.
These formal proceedings (Formal Steps I and II) will constitute the pre-disciplinary investigation and hearing should disciplinary actions (including termination of the offender) be warranted.
10.4 VOLUNTARY MEDIATION
As an alternative to the formal investigation and disposition, the Director of Human Resources may offer the complainant and party-in-interest the opportunity to participate in voluntary mediation as a way of resolving the complaint. If voluntary mediation is chosen, the timelines provided in this procedure may be suspended during the course of mediation. In some cases, the Director of Human Resources may determine that the nature of the complaint is such that mediation is not a viable approach.
10.5 TIMELINES
Timelines for completion of various steps in this procedure are designed to facilitate prompt resolution of the complaint; extensions of time may be obtained through mutual agreement of the parties. Any complaint not appealed to the next step of the process within the prescribed time limits will be considered resolved on the basis of the response at the preceding step.
10.6 REPRESENTATION
The complainant, the person against whom the complaint is filed, and all parties in interest may be heard personally, or may be represented or accompanied by a person of their choice to serve as their representative. Designation of representatives must be in writing.
10.7 CONFIDENTIALITY
Confidentiality will be maintained to the extent possible and within the scope of those persons who have a right to know, which shall include the complainant and the person(s) against whom the complaint is directed.
10.8 NON-REPRISAL
No reprisal or adverse action will occur as a consequence of initiating a discrimination complaint. Federal and state laws strictly forbid any form of reprisal or retaliation against a complainant or parties-in- interest in connection with the filing of a complaint of employment discrimination or harassment. Any form of retaliation for the filing of a complaint will be subject to immediate disciplinary action, up to and including dismissal.
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200 North Monroe Street - Eugene, Oregon, 97402 Phone: 541-687-3123
Last updated: February 6, 1998
Eugene School District 4J