Any district employee who receives a report shall inform the principal immediately . If the principal is not available on the date of the report , then the employee must forward the oral or written report / complaint directly to the human rights officer . If the complaint involves the principal , the employee will provide his or her report directly to the superintendent or the district ’ s human rights officer . Upon receipt of a report , the principal must notify the district human rights officer immediately , without screening or investigating the credibility of the report . The principal may request , but may not insist on , a written complaint . If the report is verbal , the principal shall prepare and provide to the human rights officer a written statement of the facts alleged within 24 hours of receiving the report . Failure to forward any harassment or violence report or complaint may result in disciplinary action against the principal .
5 . Nothing in this policy shall prevent a district employee from reporting harassment , violence , or discrimination directly to the district human rights officer or to the superintendent .
6 . The complaint ( verbal or written ) should be reported immediately , or as soon after the incident as possible ; delays between the date of the alleged incident and the reporting date may make investigations more difficult .
7 . The willful filing of a false report will be considered to be a violation of district policy .
8 . Although confidentiality cannot be assured , the district will respect the privacy of the alleged target , the reporter ( if someone other than the alleged target ), the individual ( s ) against whom the complaint is filed , and the witnesses as much as possible , consistent with the district ’ s legal obligations to investigate , to take appropriate action , and to conform with any discovery or disclosure obligations .
B . Investigation – District Employees
1 . The human rights officer , upon receipt of a report or complaint , will promptly undertake or authorize an investigation . The investigation may be conducted by district officials or by a neutral third party designated by the district .
2 . The investigation will be completed within 30 calendar days from receipt of the complaint , unless impracticable .
3 . The investigation may , as appropriate , consist of personal interviews with the alleged target , the reporter ( if someone other than the alleged target ), the individual ( s ) against whom the complaint is filed , and others who may have knowledge of the alleged incident ( s ) or circumstances giving rise to the complaint . The investigation may also consist of any other methods and documents deemed pertinent by the investigator .
4 . In determining whether alleged conduct constitutes a violation of this policy , the district will consider the facts and surrounding circumstances , the nature of the behavior , past incidents or past or continuing patterns of behavior , the relationships between the parties involved and the context in which the alleged incidents occurred . Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances .
5 . The district , at its discretion , may take immediate steps , based on the severity of the allegations , to protect the parties involved in the complaint process pending completion of an investigation .
C . School District Action – District Employee
1 . Upon completion of the investigation , the district or neutral third party designated investigator will make a written report to the human rights officer . If the complaint involves the human rights officer , the report must be filed directly with the superintendent . If the complaint involves the superintendent , the report must be filed directly with the school board . The report will include the facts , a determination of whether the allegations have been substantiated and whether a violation of this policy has occurred .
2 . Upon completion of the investigation , the human rights officer will inform the alleged target of his or her right to review the written report at the school building where the target is employed or enrolled , in accordance with state and federal law regarding data or records privacy .
3 . In the event a complaint is substantiated , the district will take appropriate and effective action depending on the circumstances . Such action may include , but is not limited to , training , counseling , warning , suspension , transfer , remediation , or termination . District action taken for violation of this policy will be consistent with requirements of applicable collective bargaining agreements , Minnesota and federal law , and district policies .
IV . REPORTING PROCEDURES FOR INCIDENTS OF HARASSMENT AND / OR DISCRIMINATION AGAINST STUDENTS
A . Reporting a Complaint
1 . Any student who believes she / he has experienced harassment , violence or discrimination on the basis of his or her actual or perceived race , color , creed , religion , national origin , sex / gender , marital status , familial status , disability , status with regard to public assistance , sexual orientation , age , family care leave status or veteran status should report the alleged acts immediately , or as soon as possible , to an administrator , counselor , or student services advocate in that school .
2 . Any District employee who observes an act of harassment , violence or discrimination toward a student shall intervene to attempt to stop the act and shall report it to the appropriate person immediately , or as soon as possible .
3 . Any District employee or student who witnesses or has knowledge or belief of conduct that may be harassment , violence or discrimination toward a student shall inform an administrator , counselor , or student services advocate immediately , or as soon after the incident as possible . A counselor or student services advocate must promptly report the information to an administrator .
4 . The complaint ( verbal or written ) should be reported immediately , or as soon after the incident as possible ; delays between the date of the alleged incident and the
38 ahschools . us / policies 2022-23 School Handbook