ARTICLE XVIII
18.0 CONCERNS/COMPLAINTS AGAINST UNIT MEMBERS

18.1 Initial presentation of concern: Any person other than a student wishing to present a concern/complaint is to present the concern/complaint within 15 days after becoming aware of the circumstances creating the concern/complaint, first to the unit member who is the subject of the concern/complaint. (See 18.9 below for processing student concerns/complaints)

18.2 If the concern is not resolved after presentation to the unit member, or if the concerned person chooses not to present the concern to the unit member, the concern may be presented to the respective site administrator.

18.2.1 The site administrator shall encourage the concerned person and the unit  member to meet and discuss the concern. If such meeting is not held, the administrator shall proceed to investigate the concern with due respect to the confidentiality of the issues and parties involved.

18.2.2 The findings of the investigation shall be communicated to the parties after which the administrator shall encourage a joint meeting of the administrator, unit member, and concerned person to discuss the concern and findings.

18.3 If the concerned person is not satisfied with the resolution of the concern, he/she shall be instructed of the procedure to file a written complaint with the Superintendent. If such a written complaint is filed, a copy shall be forwarded to the unit member and the investigation of the complaint shall proceed as specified in Board Policies/Regulations.

18.3.1 Upon request of the unit member, a conference shall be conducted in an effort to resolve the complaint. If the complainant does not attend the conference, the complaint will be deemed withdrawn and not entered into the unit member’s personnel file and the procedure under this article will be terminated.

18.3.2 In the event that the conference has not resolved the complaint and the District determines that it may take disciplinary action short of termination against the unit member, such action shall be taken only in accordance with Article 14, Discipline..

18.4 Representation; Unit members are entitled upon request to representation during any meetings/conferences conducted under these provisions. Administrators shall make a good faith effort to remind unit members of their right to representation, but failure to do so shall not be considered prejudicial to the District.

18.5 Records of complaints: If an investigation by the District shows that the complaint has no merit, no reference or record of the complaint shall be included in the unit member’s personnel file.

18.6 Anonymous complaints: Anonymous complaints shall not be processed pursuant to the provisions of this article.

18.7 Unit member response: Unit member shall be entitled to respond in writing to any complaints lodged under this procedure and to have such response attached to any written material relating to complaints hereunder.

18.8 Other procedures: The District retains the right to pursue other legal procedures where independent investigation proves that the complaint has merit.

18.9 Student concerns/complaints may be presented to the unit member or the administration. If the concern/complaint is presented to the unit member and remains unresolved, it may be presented to the administration.

18.9.1 The site administrator shall encourage a meeting with the unit member and the students in an attempt to resolve the matter.

18.9.2 Prior to an administrative investigation, the unit member shall be informed of the concern/complaint unless the Santa Ana Police Department or other law enforcement recommends to the administrator that the unit member should not be informed.

18.9.3 Any disciplinary action taken by the administrator shall follow Article 14 or the appropriate Education Code provisions..

18.9.4 Student concerns/complaints shall not be subject to the grievance procedure except for violations of Article 14 and the procedures of this article (18.0).