Common use of Formal Complaint Procedure Clause in Contracts

Formal Complaint Procedure. A. The District has established a protocol for receiving and processing complaints, including formal complaints as defined in the District protocols. If the protocols are amended or updated, the District will provide AASD with the information in advance and AASD shall have an opportunity to provide feedback prior to implementation. B. It is the intention of all Parties to resolve complaints at the lowest possible level. The Parties agree that many concerns and informal complaints can be handled through an informal resolution process. This section is intended to address formal complaints. C. The Parties agree that the professional reputation of the AASD unit member is of high importance and agree to conduct all investigations with the utmost discretion to safeguard the unit member’s privacy and professional good standing while maintaining the interests of the public and student safety. D. Unit members shall be made aware of complaints within five (5) work days of the date received by the District. Whenever possible, the identity of the complainant(s) will be made known to the unit member and the subject matter of the complaint will be provided. E. Whenever appropriate, complaints shall first be forwarded to the unit member for resolution. Unresolved complaints shall then follow the appropriate District procedures. F. All complaints will be promptly investigated and the unit member shall be notified of the name and contact information of the assigned investigator. The investigation shall include an interview and/or discussion with the unit member against whom the complaint is filed. The unit member shall not refuse to meet with the investigator. The District will make reasonable efforts to keep the unit member informed of the progress and expected timeline of the investigation, and upon request of the unit member, the unit member will be provided the status of the investigation. The unit member and AASD shall be notified in writing of the outcome of any investigation and potential for further action, if any, within fifteen (15) workdays of the date the final report is completed and forwarded to Human Resources. G. All findings in an investigation shall be based on verifiable facts and shall be free of any subjective bias. H. The unit member may submit written comments which shall be attached to the report of findings and become a permanent part of the investigation document/file. I. School Police Unit members are exempt from Section 2 and will follow the department’s internal process for investigation of complaints against police personnel pursuant to Government Code Section 3300 et al, Public Safety Officers Procedural ▇▇▇▇ of Rights Act (POBRA) A. Access to Personnel Records. Personnel records maintained in the Human Resources Services Division shall be made available for the unit member’s review upon request. All personnel records shall be kept in confidence and inaccessible to unauthorized personnel. Personnel records shall be available for inspection only by authorized employees of the District when actually necessary in the administration of the District’s affairs or supervision of the unit member. B. Upon presentation of the written authorization signed by the unit member, the unit member’s authorized representative shall have the right to review the unit member’s personnel records. C. Materials in a unit member’s work location personnel record will remain at the originating site or program unless the unit member is provided an opportunity to review its contents prior to its transfer. D. Placement of Derogatory Material in Personnel Record. The unit member shall be given written notice and an opportunity to review and respond to any derogatory material placed in a personnel record. E. Materials from an investigation or complaint shall not be placed in a unit members’ personnel record unless such materials become part of a disciplinary document. The unit member shall be given notice of such materials as referenced in Section 3.D.

Formal Complaint Procedure. A. The District has established a protocol for receiving and processing complaints, including formal complaints as defined in the District protocols. If the protocols are amended or updated, the District will provide AASD with the information in advance and AASD shall have an opportunity to provide feedback prior to implementation. B. It is the intention of all Parties to resolve complaints at the lowest possible level. The Parties agree that many concerns and informal complaints can be handled through an informal resolution process. This section is intended to address formal complaints. C. The Parties agree that the professional reputation of the AASD unit member is of high importance and agree to conduct all investigations with the utmost discretion to safeguard the unit member’s privacy and professional good standing while maintaining the interests of the public and student safety. D. Unit members shall be made aware of complaints within five (5) work days of the date received by the District. Whenever possible, the identity of the complainant(s) will be made known to the unit member and the subject matter of the complaint will be provided. E. Whenever appropriate, complaints shall first be forwarded to the unit member for resolution. Unresolved complaints shall then follow the appropriate District procedures. F. All complaints will be promptly investigated and the unit member shall be notified of the name and contact information of the assigned investigator. The investigation shall include an interview and/or discussion with the unit member against whom the complaint is filed. The unit member shall not refuse to meet with the investigator. The District will make reasonable efforts to keep the unit member informed of the progress and expected timeline of the investigation, and upon request of the unit member, the unit member will be provided the status of the investigation. The unit member and AASD shall be notified in writing of the outcome of any investigation and the potential for further action, if any, within fifteen (15) workdays of the date the final report is completed and forwarded to Human Resources. G. All findings in an investigation shall be based on verifiable facts and shall be free of any subjective bias. H. The unit member may submit written comments which shall be attached to the report of findings and become a permanent part of the investigation document/file. I. School Police Unit members are exempt from Section 2 and will follow the department’s internal process for investigation of complaints against police personnel pursuant to Government Code Section 3300 et al, Public Safety Officers Procedural ▇▇▇▇ of Rights Act (POBRA) A. Access to Personnel Records. Personnel records maintained in the Human Resources Services Division shall be made available for the unit member’s review upon request. All personnel records shall be kept in confidence and inaccessible to unauthorized personnel. Personnel records shall be available for inspection only by authorized employees of the District when actually necessary in the administration of the District’s affairs or supervision of the unit member. B. Upon presentation of the written authorization signed by the unit member, the unit member’s authorized representative shall have the right to review the unit member’s personnel records. C. Materials in a unit member’s work location personnel record will remain at the originating site or program unless the unit member is provided an opportunity to review its contents prior to its transfer. D. Placement of Derogatory Material in Personnel Record. The unit member shall be given written notice and an opportunity to review and respond to any derogatory material placed in a personnel record. E. Materials from an investigation or complaint shall not be placed in a unit members’ personnel record unless such materials become part of a disciplinary document. The unit member shall be given notice of such materials as referenced in Section 3.D.