D . Timelines and Notification to Parents / Guardians
1 . The parent ( s )/ guardian ( s ) of the target and / or the alleged offenders of bullying , harassment , violence or discrimination should be notified of the report before the close of the current school day , but not later than two school days of the report being filed , unless otherwise directed by law enforcement or required by law , or if in the professional judgment of the District notification is not warranted . The parents / guardians of both the target and the alleged offender ( s ) shall be notified if there is a physical assault , unless otherwise directed by law enforcement or required by law .
2 . Following the investigation , the person handling the complaint or a representative of the District will communicate with the target regarding the outcome of the investigation .
a . This communication will include the parent ( s )/ guardian ( s ) of the student at the parent ’ s / guardian ’ s request if the student is under age 18 , or at the student ’ s request if over 18 .
b . If the investigation has not been completed within three school days , a verbal summary of the progress of the investigation will be given to the target at that time .
3 . The target and / or the parent ( s )/ guardian ( s ) of the target may review any relevant data in the office of the employee completing the report if requested .
a . Copies of the data will not be released to a student but may be released to the parent ( s )/ guardian ( s ) of the target upon request of the parent ( s )/ guardian ( s ).
b . The alleged offender ( s ) or his / her parent ( s )/ guardian ( s ) may not examine or have access to the data unless a court order is received by the District . The alleged offender ( s ) or his / her parent ( s )/ guardian ( s ) may not be informed of the individual identity of the reporter by any staff person investigating the complaint .
4 . The privacy and data privacy rights of all persons involved must be respected in accordance with current state and federal laws .
E . Who is Responsible for Carrying Out This Reporting Procedure
1 . When a report is made or referred to an administrator , that person or his or her designee is responsible for carrying out and documenting this reporting procedure .
2 . When a report is made or referred to the Title IX Designee , that person or his or her designee , is responsible for carrying out and documenting this reporting procedure .
3 . When a report is made to the superintendent , that person or his or her designee is responsible for carrying out and documenting this reporting procedure .
4 . The District ’ s 504 Coordinator or his or her designee , is responsible for carrying out and documenting this procedure in connection with complaints of disability harassment , violence or discrimination .
5 . Incidents that include violence as defined in this procedure should also be referred to the police liaison officer serving the building for a possible separate criminal investigation .
6 . When the report involves alleged harassment , violence or discrimination by a district employee or employee of an agency contracted by the District against a student , the investigation will be performed by the Title IX / Equity Coordinator .
F . Harassment or Violence as Abuse
1 . Under certain circumstances , alleged harassment or violence may also be possible abuse under Minnesota law . If so , the duties of mandatory reporting under Minnesota Statutes section 626.556 may be applicable .
2 . Nothing in this policy will prevent or prohibit the district from taking immediate action to protect victims of alleged harassment , violence or abuse .
V . NO REPRISAL
There will be no retaliation against any target or reporter of harassment , violence or discrimination under this policy , nor against any person who participates in an investigation . The district will take appropriate action against any student , teacher , administrator or other district employee who retaliates against any person who makes a good faith report , who testifies , assists or participates in an investigation , or who testifies , assists or participates in a proceeding or hearing relating to the report . Retaliation includes , but is not limited to , any form of intimidation , reprisal or harassment .
VI . APPEAL
If the report or grievance has not been resolved to the satisfaction of the target of harassment , violence or discrimination , s / he may appeal to the human rights officer if a district employee , or the Title IX / Equity Coordinator if a student , within ten ( 10 ) school days of receipt of the findings of the district investigation . The district investigator will conduct a review of the appeal and , within ten ( 10 ) school days of receipt of the appeal , will affirm , reverse , or modify the findings of the report . The decision of the district investigator is final .
VII . CONFLICT OF INTEREST
If there is a conflict of interest with respect to any party affected by this policy , appropriate accommodations will be made , such as , but not limited to , appointing or contracting with a neutral thirdparty investigator to conduct the investigation , or recusing from the process the person for whom a conflict or potential conflict of interest exists .
VIII . RIGHT TO ALTERNATIVE COMPLAINT PROCEDURES
These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the agencies identified below , or initiating an action in state or federal court .
Minnesota Department of Human Rights Freeman Building 625 Robert Street North St . Paul , MN 55155 toll free : 800.657.3704 tty : 651.296.1283 ax : 651.296.9042
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