The terms “bias incident” and “symbols of hate” are defined in policy. Persons impacted by a bias incident or display of a symbol of hate shall be defined broadly to include persons directly targeted by an act, as well as the community of students as a whole who are likely to be impacted by the act.¹

Step 1:

When a staff member learns of a potential bias incident or display of a symbol of hate, the staff member will prioritize the safety and well-being of all persons impacted and immediately report the incident to the executive director.

Step 2:

The executive direct shall acknowledge receipt of the complaint, document the complaint in writing, and investigate any complaint of a bias incident. Executive director will recognize the experience of all persons impacted, acknowledge the impact, commit to taking immediate action, and commit to preventing further harm against those persons impacted from taking place. Educational components and redirection procedures, if any, will:

• Address the history and impact of bias and hate;
• Advance the safety and healing of those impacted by bias and hate;
• Promote accountability and transformation for people who cause harm; and
• Promote transformation of the conditions that perpetuated the harm^.2

The executive direct must consider whether the behavior implicates other public charter school policies or civil rights laws, and if so, respond accordingly³.

The executive direct will make a decisionwithin 10 days of receiving the complaint.

All persons impacted by the act will be provided with information4 relating to the investigation and outcome of the investigation, including:

• Notice that an investigation has been initiated;
• Notice when an investigation has been completed;
• The findings of the investigation and the final determination based on those findings;
• Actions taken to remedy a person’s behavior and prevent reoccurrence; and
• When applicable, the legal citation of any law prohibiting disclosure of any information
  described above, and an explanation of how that law applies to the current situation.

Step 3:

If the complainant or respondent is not satisfied with the decision of the executive director, a written appeal may be filed with the Board within five school days of receipt of the executive director’s response to Step 3. The Board may decide to hear or deny the request for appeal at a Board meeting.

The Board may use an executive session if the subject matter qualifies under Oregon law. If the Board decides to hear the appeal, the Board may meet with the concerned parties and their representative at the next regular or special Board meeting. The Board’s decision will be final and will address each allegation in the complaint and contain reasons for the Board’s decision. A copy of the Board’s final decision shall be sent to the complainant in writing within 10 days of this meeting.

The Board will ensure that the requirements in Steps 1 and 2 (redirection procedures, notice, etc.) are continued to be met through Step 4, as appropriate.

Complaints can be filed with or communicated directly to the executive director, in which case Step 1 will be skipped. Complaints against the executive director can be directed to the board member and will begin at Step 3. Complaints against the executive director or a Board member(s) can be directed to the Board and will begin at Step 3. If complaints begin later than Step 1, the individuals reviewing the complaint will ensure that all requirements are met.

The complainant, if a person who resides in the district, a parent or guardian of a student who attends school in the public charter school or a student, is not satisfied after exhausting local complaint procedures, the public charter school fails to render a written decision within 30 days of submission of the complaint at any step or fails to resolve the complaint within 90 days of the initial filing of the complaint, may appeal⁵
the public charter school’s final decision to the Deputy Superintendent of Public Instruction under Oregon Administrative Rules (OAR) 581-002-0001 – 581-002-0023.

Complaints may also be filed directly with the U.S. Department of Education Office for Civil Rights.⁶ Public charter school administration will develop and implement instructional materials to ensure that all school employees, staff and students are made aware of the policy, this administrative regulation and related practices. The materials will include reporting procedures, educational processes, and possible consequences.

When necessary, timelines may be adjusted by the public charter school by communicating to all parties in writing. This communication must include a new timeline and an explanation of why the timeline must be adjusted.

Footnotes

1) The term “complainant” in this administrative regulation includes persons filing formal complaints and persons reporting bias
incidents, regardless of whether the complainant is a victim. Similarly, the term “complaint” includes any report, information or
complaint.

2) Additional guidance from the Oregon Department of Education can be found here.

3) The nature of the behavior or act must determine the process used to respond; what rights and protections are available to the person(s) impacted by the behavior or act; and an individual’s right to appeal to the Oregon Department of Education or the U.S. Department of Education.

4 For additional information regarding required notices, see OAR 581-022-2312(4)(e)(E).

5 An appeal must meet the criteria found in OAR 581-002-0005(1)(a).

6 Complaints must meet criteria as established by law. For more information, visit this page on the Department of Education Website.

Any person, including students, staff, visitors and third parties may file a complaint.

Complaints regarding discrimination or harassment, on any basis protected by law, shall be processed in accordance with the following procedures:

Step 1¹

Complaints may be oral or in writing and should be filed with the Civil Rights & Title IX Coordinator or Executive Director. Any staff member that receives a written or oral complaint shall report the complaint to the Civil Rights & Title IX Coordinator or Executive Director. The Civil Rights & Title IX Coordinator, Administrative Director or Executive Director shall investigate and determine the action to be taken, if any, and reply in writing to the complainant within [10] school days of receipt of the complaint.

Step 2²

If the complainant wishes to appeal the decision of the Civil Rights & Title IX Coordinator or Administrative Director, the complainant may submit a written appeal to the [executive director] [or designee] within [five] school days after receipt of the Civil Rights & Title IX Coordinator or Administrative Director response to the complaint.

The [executive director] [or designee] shall review the Civil Rights & Title IX Coordinator or Administrative Director decision within [five] school days and may meet with all parties involved. The [executive director] [or designee] will review the merits of the complaint and the Civil Rights & Title IX Coordinator or Administrative Director decision. The [executive director] will respond in writing to the complainant within [10] school days.]

Step 3

If the complainant is not satisfied with the decision of the [executive director] [or designee], a written appeal may be filed with the Board within [five] school days of receipt of the [executive director’s] [or designee’s] response in [Step 2]. The Board may decide to hear or deny the request for appeal at a Board meeting. If the Board decides to hear the appeal, the Board may meet with the concerned parties and their representative at [the next regular or special Board meeting] [a Board meeting]. The Board’s decision will address each allegation in the complaint and contain the reasons for the Board’s decision. A copy of the Board’s decision shall be sent to the complainant in writing within [30] days of receipt of the appeal by the Board.

If the Board decides not to hear the appeal the administrator’s decision is final.

{4} If the [administrator] [executive director] is the subject of the complaint the individual may start at Step [2] [3] and file a complaint with the Board chair. [If the [executive director] is the subject of the complaint, the complaint may start at Step [2] [3] and should be referred to the [Board chair].] [The Board may refer the investigation to a third party.]

Complaints against the Board as a whole or against an individual Board member may start at Step [3], should be submitted to the Board chair, and may be referred to counsel. Complaints against the Board chair may start at Step [3] and should be referred directly to [counsel] [the Board vice chair]. [Timelines may be extended based upon mutual consent of the public charter school and the complainant
[in writing].]

Appeal Process

A decision reached by this public charter school board for a complaint that alleges a violation of OAR 581- 021-0047 (Prohibition against using Native American mascots) may be appealed to Oregon Department of Education (ODE) under OAR 581-002-0001 - 581-002-0023.

A final decision reached by the public charter school board for a complaint that alleges a violation of Oregon Revised Statute (ORS) 659.850 or Oregon Administrative Rule (OAR) 581-021-0045 or OAR 581-021-0046 (Discrimination), is recognized as the final decision regarding this complaint³ by the Board of Gresham-Barlow School District. A final decision may be appealed to ODE under OAR 581-002-0001-581-002-0023.

1) For public charter school information. The timelines set forth in each step of the school’s complaint procedure, beginning here, is recommended to be within 30 days of the submission of the complaint at any step. The school and complainant may agree in writing to a longer time period for that step. The school’s complaint procedure is recommended to not exceed a total of 90 days from the initial filing of the complaint, regardless of the number of steps involved, unless the school and the complainant have agreed in writing to a longer time period.

2) [Notes on preparation of this administrative regulation for adoption: If there is only an administrator, delete step 2 and move
directly to step 3. Be sure to change ‘executive director’ to ‘administrator’ as appropriate and renumber the steps appropriately.

3) The public charter school board is given this authority by the school’s sponsor, [name of school sponsor], as established by [the
charter agreement] [Board policy] [a resolution of the [name of school sponsor] board].

4) If there is only a public charter school administrator, the complainant may file with the Board chair; make appropriate bracketed language selections in the first sentence then delete second sentence. If there is an administrator and an executive director, make the appropriate bracketed language selections in this paragraph using the first and second sentences to outline to whom a complaint is filed.