The
purpose of this procedure is to address conflicts between coaches/activity
sponsors and students, parents, and community members and resolve them at the
earliest opportunity, and at the level closest to their origin. [Note of
Information: According to the “Teacher and School Administrator Protection
Act,” any person 18 years of age or older who intentionally makes a false
accusation of criminal activity against an employee of the district may be
charged with a misdemeanor].
1. If a complaint against a coach/activity sponsor is made, the person making the complaint shall be encouraged by the administrator/activity director to discuss it first with the coach/activity sponsor to see if the problem can be resolved informally.
2. If a complaint concerning an coach/activity sponsor is made, and the administrator/activity director determines that the complaint may be serious enough to warrant consideration of documentation or inclusion in the Evaluation Form for Coaches/ Sponsor’s evaluation report, an informal conference shall be held within ten (10) working days of the initial complaint and may include the complainant, but will include the coach/activity sponsor, and administrator/activity director. It shall be the administrator/activity director’s responsibility to write a summary of the issues that gave rise to the complaint.
3. If the complainant will not meet with the coach/activity sponsor, the administrator/activity director shall meet promptly with the coach/activity sponsor to discuss the nature of the complaint. The administrator/activity director shall then contact the complainant and present the ideas developed in the meeting. If resolution is reached at this point, the complaint shall be considered closed. The complaint shall be referenced in the Evaluation Form for Coaches/ Sponsor’s only if the administrator considers it serious enough to do so, or unless similar incidents have occurred before. However, if there are subsequent incidents the original incident may be included in the Evaluation Form for Coaches/ Sponsors. In such case, the administrator/activity director shall supply the coach/activity sponsor with a copy of the reference and the employee may make a written response which shall be attached to the reference coach/activity sponsor’s file. No reference of the complaint shall be made in the evaluation or file if the complaint was unjustified or was found untrue.
4. If the complaint continues beyond paragraph 3, the complainant may file a signed and dated written complaint with the administrator/activity director within ten (10) working days after the last administrative contact with the complainant.
5. Upon the filing of a signed and dated complaint, a copy of which shall be given to the coach/activity sponsor, a formal conference shall be held with the employee and administrator/activity director within ten (10) working days of its receipt. Consideration of the signed complaint shall be limited to issues that gave rise to the complaint. The administrator/activity director may institute an investigation into the concerns described in the written complaint.
6. If the complainant elects not to file a signed, written complaint, the administrator/activity director may continue the investigation of the issues that gave rise to the complaint and the coach/activity sponsor shall be notified in writing of this event.
7. After an investigation, the administrator/activity director shall determine:
a. The complaint is justifiable and documentation is to be included in the evaluation report. Documentation shall include the original written complaint, a record of the administrator/activity director’s investigation, and a rationale for the decision. The coach/activity sponsor may make a written response which shall be attached to and become part of the original complaint; OR
b. The complaint is unjustifiable and the documentation shall not be included in the evaluation report.
8. Subject to legal limitations, the complainant and coach/activity sponsor shall be notified in writing of the decision made by the administrator/activity director.
9. Although time limits may be extended by mutual consent, every effort shall be made to assure a quick resolution.
11. Nothing in this procedure is intended to abridge the authority of Durango School District 9-R to evaluate, discipline, suspend, or dismiss, or take other personnel actions regarding a coach/activity sponsor.
12. Nothing in this procedure shall require disclosure of the name of a complainant if it is contrary to state or federal statute.
13. There shall be no harassment, intimidation or retaliation against a complainant or a complainant’s student for having filed a complaint.