A parent or guardian of a student attending the public charter school, a staff member, a student or member of the public who wishes to express a concern should discuss the matter with the public charter school employee involved. If the concern remains unresolved, a complaint may be filed.

An individual or organization that alleges the public charter school is violating or has violated provisions of restraint or seclusion in Oregon Revised Statute (ORS) 339.285 - 339.303 or Oregon Administrative Rule (OAR) 581-021-0550 - 581-021-0570 (Restraint or Seclusion) is encouraged to initiate Step One of this complaint procedure and file a complaint with the executive director.

The Executive Director: Step One

A complainant may file a complaint with the executive director clearly stating the nature of the complaint and a suggested remedy. A form is available but is not required. The executive director shall investigate the complaint, confer with the complainant and the parties involved, prepare a report of the findings and conclusion, and provide a report in writing or in an electronic form to the complainant within 10 working days of receipt of the complaint.

The Board: Step Two

If the complainant is dissatisfied with the executive director’s findings and conclusion, the complainant may appeal the decision to the Board within five working days of receiving the executive director’s decision. The Board will review the findings and conclusion of the [director] in a public meeting to determine what action is appropriate. The Board may use executive session if the subject matter qualifies under Oregon law. Appropriate action may include, but is not limited to, holding a hearing, requesting additional information, and adopting the executive director’s decision as the public charter school board’s decision. All parties involved may be asked to attend such hearing for the purposes of making further explanations and clarifying the issues.

The complainant shall be informed of the Board’s decision within 30 days from the receipt of the appeal to the Board. The Board’s decision will address each allegation in the complaint and contain reasons for the Board’s decision. The Board’s decision will be final.

If the Board chooses not to hear the complaint the executive director’s decision is final.

The complaint procedure will not be longer than 90 days from the filing date of the original complaint with the executive director’s. The timelines may be extended upon written agreement between the public charter school and the complainant.

Complaints against the executive director should be referred to the Board chair on behalf of the Board. The Board chair shall present the complaint to the Board in a Board meeting. If the Board decides an investigation is warranted, the Board may refer the investigation to a third party. When the investigation is complete, the results will be presented to the Board. The Board shall decide in open session what action, if any, is warranted. The Board may use executive session if the subject matter qualifies under Oregon law. The written final decision of the Board regarding the complaint shall be issued by the Board within 30 days of receipt of the complaint.

Complaints against the Board as a whole or against an individual Board member should be referred to the Board chair on behalf of the Board. The Board chair shall present the complaint to the Board in a Board meeting. If the Board decides an investigation is warranted, the Board may refer the investigation to a third party. When the investigation is complete, the results will be presented to the Board. The Board shall decide in open session what action if any, is warranted. The written final decision of the Board regarding the complaint shall be issued by the Board within 30 days of receipt of the complaint.

Complaints against the Board chair should be referred directly to the Board secretary on behalf of the Board. The Board secretary shall present the complaint to the Board in a Board meeting. If the Board decides an investigation is warranted, the Board may refer the investigation to a third party. When the investigation is complete the results will be presented to the Board. The Board shall decide in open session what action, if any, is warranted. The written decision of the Board regarding the complaint shall be issued by the Board within 30 days of receipt of the complaint.

The timelines may be extended upon written agreement between the public charter school and the complainant.

Appeal Process 

A final decision reached by the public charter school board for a complaint that alleges a violation of ORS 339.285 - 339.303 or OAR 581-021-0550 - OAR 581-021-0570 (Restraint or Seclusion), ORS 659.852 (Retaliation), or applicable OAR Chapter 581, Division 22 (Division 22 Standards), is recognized as the final decision regarding this complaint¹ by the Board of Gresham-Barlow School District. A final decision may be appealed to the Oregon Department of Education under OAR 581-002-0003 - 581-002-0005.

General Information

Confidentiality will be maintained. The educational assignments or study environment of the student shall not be adversely affected as a result of the good faith reporting of sexual harassment or any ongoing investigations.

Complaint Made Directly to Board Members: When a complaint about a student or employee is made initially to a Board member or to the Board of Directors as a whole, the complaint process shall be explained to the person and the complainant will be asked to follow the complaint procedure described above.

Footnotes

1) 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

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 written and should be filed with the Civil Rights & Title IX Coordinator or the Executive Director. Any staff member who 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 Associate Director, the complainant may submit a written appeal to the executive director or designee within ten school days after receipt of the Civil Rights & Title IX Coordinator or Associate Director's response to the complaint.

The executive director or designee shall review the Civil Rights & Title IX Coordinator or Associate Director's decision within ten 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 Associate Director's 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 ten 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 appeal request at a Board meeting. If the Board decides to hear the appeal, it may meet with the concerned parties and their representatives at 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 executive director’s decision is final.

{4} If the executive director is the subject of the complaint, the individual may start at Step [2] [3] and file a complaint with the Board chair. 

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 the Board vice chair. 

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 the 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, are 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, Gresham-Barlow School District, as established by the
charter agreement.

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.

All students are entitled to a high quality educational experience, free from discrimination or harassment based on perceived race, color, religion, gender identity, sexual orientation, disability or national origin.

All employees are entitled to work in an environment that is free from discrimination or harassment based on perceived race, color, religion, gender identity, sexual orientation, disability or national origin.

All visitors are entitled to participate in a school or educational environment that is free from discrimination or harassment based on perceived race, color, religion, gender identity, sexual orientation, disability or national origin.

“Bias incident” means a person’s hostile expression of animus toward another person, relating to the other person’s perceived race, color, religion, gender identity, sexual orientation, disability or national origin, of which criminal investigation or prosecution is impossible or inappropriate. Bias incidents may include derogatory language or behavior.

“Symbol of hate” means nooses¹, symbols of neo-Nazi ideology or the battle flag of the Confederacy. The public charter school prohibits the use or display of any symbols of hate^{2} on school property³ or in an education program⁴ except where used in teaching curriculum that is aligned with state standards of education for public schools.

In responding to the use of any symbols of hate or bias incidents, the public charter school will use nondisciplinary remedial action whenever appropriate.

The public charter school prohibits retaliation against an individual^{5} because that individual has in good faith reported information that the individual believes is evidence of a violation of a state or federal law, rule or regulation.

Nothing in this policy is intended to interfere with the lawful use of public charter school facilities pursuant to a lease or license.

The public charter school will use administrative regulation ACB-AR - Bias Incident Complaint Procedure to process reports or complaints of bias incidents.

Footnotes

1) The display of a noose on public property with the intent to intimidate may be a Class A Misdemeanor under Senate Bill 398 (2021).

2) Prior to adopting the symbols of hate prohibition, or adding other symbols to the list, we recommend that the public charter school document why the public charter school feels that the presence of these symbols will cause a “material and substantial interference with schoolwork or discipline” or collide “with the rights of other students to be secure and be let alone.” These reasons may include previous incidents, current conditions in the schools and other factors

3) “School property” means any property under the control of the public charter school.

4) “Education program” includes any program, service, school or activity sponsored by the public charter school.

5) ORS 659.852 prohibits retaliation only against students. Other statutes (and other complaint procedures) prohibit retaliation
against staff and others for reporting or providing information regarding a complaint or investigation.

Legal References:
ORS 174.100 ORS 659.852 OAR 581-022-2312
ORS 339.347 OAR 581-022-2370
ORS 659.850 OAR 581-002-0005
Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (1969).
Dariano v. Morgan Hill Unified Sch. Dist., 767 F.3d 764 (9th Cir. 2014). State
v. Robertson, 293 Or. 402 (1982).

The public charter school prohibits discrimination and harassment on any basis protected by law, including but not limited to, an individual’s perceived or actual race¹, color, religion, sex, sexual orientation, gender identity, national or ethnic origin, marital status, age, mental or physical disability, pregnancy, familial status, economic status, or veterans’ status, or because of the perceived or actual race, color, religion, sex, sexual orientation, gender identity, national or ethnic origin, marital status, age, mental or physical disability, pregnancy, familial status, economic status, or veterans’ status of any other persons with whom the individual associates.

The public charter school may not limit student enrollment based on ethnicity, national origin, race, religion, disability, sex, sexual orientation, gender identity, income level, proficiency in English language, the terms of an individualized education program (IEP), or athletic ability, except as authorized under Oregon law. The school may limit admission to students within a given grade level. The school must select students through an equitable lottery selection process if the number of student applicants exceeds the capacity of a program, class, grade level or building. The school may implement a weighted lottery that favors historically underserved students in accordance with ORS 338.125. The school may give priority for admission to students in accordance with ORS 338.125.

The public charter school prohibits discrimination and harassment in, but not limited to: employment, assignment and promotion of personnel; educational opportunities and services offered students; student assignment to the school and classes; student discipline; location and use of facilities; educational offerings and materials; and accommodating the public at public meetings.

The public charter school prohibits retaliation and discrimination against an individual who has opposed any discrimination act or practice or because that person has filed a charge, testified, assisted or participated in an investigation, proceeding or hearing, and further prohibits anyone from coercing, intimidating, threatening or interfering with an individual for exercising the rights guaranteed under state and federal law.

Code:
1-2
The Board encourages staff to improve human relations within the school, to respect all individuals, and to establish channels through which the school community can communicate their concerns to school administration and the Board.

[The Board designates the [insert position title(s)] as the public charter school’s civil rights coordinator.] [The Board directs the executive director to designate the public charter school’s civil rights coordinator and make contact information available to staff, students and parents.^{2}]

The administrator shall appoint individuals at the public charter school to contact on issues concerning the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, Titles VI and VII of the Civil Rights Act, Title IX of the Education Amendments Act, and other civil rights or discrimination issues, and notify students, parents, and employees with their names, office addresses, and phone numbers.

The Board will adopt and the public charter school will publish complaint procedures providing for prompt and equitable resolution of complaints from students, employees, and the public, and such procedures will be available at the school’s administrative office [during business hours] and published on the home page of the school’s website.

Footnotes

1) Includes discriminatory use of a Native American mascot pursuant to OAR 581-021-0047. Race also includes physical characteristics that are historically associated with race, including but not limited to natural hair, hair texture, hair type and protective hairstyles as defined by ORS 659A.001.

2) For additional information regarding civil rights coordinators and their responsibilities, see ORS 332.505(2)

Legal Reference(s):
ORS 174.100, ORS 192.630, ORS 326.051(1)(e)
ORS 338.115, ORS 338.125, ORS 408.230
ORS 659.805, ORS 659.815, ORS 659.850 - 659.860
ORS 659.865, ORS 659A.001, ORS 659A.003
ORS 659A.006, ORS 659A.009, ORS 659A.029
ORS 659A.030, ORS 659A.040, ORS 659A.103 - 659A.145
ORS 659A.230 - 659A.233, ORS 659A.236, ORS 659A.309
ORS 659A.321, ORS 659A.409, OAR 581-021-0045, OAR 581-021-0046
OAR 581-021-0047, OAR 839-003

Age Discrimination Act of 1975, 42 U.S.C. §§ 6101-6107 (2018).
Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621-633 (2018); 29 C.F.R Part 1626 (2019).
Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12133 (2018); 29 C.F.R. Part 1630 (2019); 28 C.F.R. Part 35
(2019).
2-2
Equal Pay Act of 1963, 29 U.S.C. § 206(d) (2018).
Rehabilitation Act of 1973, 29 U.S.C. §§ 791, 793-794 (2018); 34 C.F.R. Part 104 (2019).
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1683, 1701, 1703-1705, 1720 (2018); Nondiscrimination on
the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 34 C.F.R. Part 106 (2020).
Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d (2018); 28 C.F.R. §§ 42.101-42.106 (2019).
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e (2018); 29 C.F.R. § 1601 (2019). Wygant
v. Jackson Bd. of Educ., 476 U.S. 267 (1989).
The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, 38 U.S.C. § 4212 (2018).
Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. § 2000ff-1 (2018); 29 C.F.R. Part 1635 (2019).