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Regulation-Code-AC-R

Discrimination - Complaint Procedure

The District's EEO Compliance Officer may be contacted at:

Maricela Meza
Director of Employee Relations
1010 E. Tenth St.
Building A, Room 7
Tucson, AZ 85719
[email protected]

For EEO Intake, please email [email protected].

Phone: 520-225-6739

Complaint Procedure

The District is committed to conducting a prompt and equitable investigation of any discrimination complaint and to taking appropriate action on all confirmed violations of policy.  At times, however, informal mediation may be appropriate to resolve workplace conflict, including those relating to a possible complaint of discrimination. When possible, an attempt should be made to resolve the Complainant's concerns through informal mediation. 

The Administrator should contact the EEO Compliance Officer to determine whether mediation is appropriate for the issues at hand.  If informal mediation is not appropriate or is not successful, a prompt and equitable investigation shall be conducted by either the Administrator or the EEO Compliance Officer.

Any Administrator who receives a discrimination or harassment complaint or who has knowledge of a possible violation of this policy shall conduct an "intake interview" and shall complete Form AC-E ( in PDF).
  1. Complaint Intake

    Discrimination or harassment complaints may be made to the Administrator and should be made as soon as possible after the alleged discrimination takes place. An initial complaint may also proceed directly to the EEO Compliance Officer.  Discrimination complaints DO NOT need to be in writing but may be heard by the Administrator during an "intake interview" (in which case the Administrator shall complete Form AC-E). 

    Upon receiving a discrimination or harassment complaint, the Administrator or designee shall:

    Step One

    Within five (5) working days of receipt of the allegations, conduct an "intake interview" with the Complainant. Complete, sign, and submit Form AC-E to the EEO Compliance Officer. Where deemed appropriate by the EEO ComplianceOfficer  and if both parties consent, make a reasonable attempt to resolve the complaint through informal mediation. Copies of all complaints, whether resolved or not, shall be maintained by the EEO Officer.

    Step Two

    If the complaint is not resolved through Step One, within fourteen (14) working days of receipt of the allegations:

    • Conduct an investigation, including interview witnesses and review documentary evidence, reporting the outcome to the EEO Compliance Officer; or
    • Refer the complaint for possible MEDIATION through the EEO Compliance Officer (if mediation has not yet been attempted and both parties consent; or
    • Refer the complaint to the EEO Compliance Officer for investigation

    During the course of the investigation, interim measures may be taken to protect all parties.

  2. Guidelines

    A determination of whether alleged conduct constitutes a violation of this policy will be based upon a review of the totality of the circumstances.  Such a review will include an assessment of the nature and severity of the conduct and the context in which the conduct occurred, on a case-by-case basis.  It will take into consideration the following:

    • The perspective of a similarly situated individual (for instance, someone of the same gender, ethnicity and/or age);
    • The power held by the individual against whom the complaint is made (such as supervisor, teacher or older student); and
    • The number of individuals involved.

    Discriminatory conduct need not be targeted at the complainant.  The acts may be directed at anyone.  Furthermore, the discriminatory conduct need not result in psychological harm, or tangible injury or detriment to the victim.

    A determination of hostile environment will generally require a sustained pattern or practice of harassment to the extent that the working or educational environment is altered.  Nonetheless, a hostile environment requiring appropriate responsive action may result from a single incident that is sufficiently severe.

  3. Investigation

    TUSD will investigate complaints of discrimination (including harassment) promptly.  No later than five (5) working days after receipt of the complaint, the Administrator or designee shall conduct an intake interview (preliminary investigation).  No later than fourteen (14) working days after receipt of the complaint, the Administrator or designee shall take one of the three actions outlined above in "Step Two."

    Generally, investigations shall not exceed sixty (60) days from the receipt of the complaint.  However, TUSD reserves the right to reasonably extend the timeline with notice to the complaining party for reasons of necessary delay. Following the conclusion of the investigation, the investigator will promptly inform the all parties in writing whether a violation of this policy occurred.

  4. Resolution

    Policy Violation Occurred: After the initial investigation, if there is reasonable cause to believe a violation of governing board policy has occurred or the complaint is found to warrant corrective action, the appropriate Administrator or designee shall take reasonable corrective action to remedy the situation, and to prevent future recurrence, including where appropriate, the imposition of disciplinary action or sanctions against the person alleged to have violated this policy, up to and including termination.  The investigator shall promptly inform all parties of the outcome of the investigation, though not all parties may be provided with the specific disciplinary actions taken.

    • If the person alleged to have violated this policy is a staff member, possible discipline includes, but is not limited to, letters of reprimand, reassignment, and other disciplinary actions including suspension or job termination.
    • If the person alleged to have violated this policy is a student, possible discipline includes detention, suspension or expulsion, consistent with the Student Code of Conduct.
    • If the person alleged to have violated this policy is a member of the general public, sanctions consistent with Policy # KFA – Public Conduct on School Property shall be imposed.

    No Policy Violation Occurred: If the investigation reveals no reasonable cause to believe a violation of policy occurred, the investigating officer shall promptly inform the all parties in writing.

  5. Review

    If any party disagrees with the outcome of the investigation, the party may request a review by the Chief Human Resources Officer.  Such request for review shall be made within fifteen (15) days following notification of the outcome to the party.  The Chief Human Resources Officer or designee shall review the investigation and determination and render a decision within thirty (30) days.

Responsibility

Supervisory and management staff is responsible for taking prompt and effective action in response to any violation of this policy regardless of the manner in which the District becomes aware of the conduct and will be subject to discipline for failure to do so.  Administrators or supervisors who fail to report a known or reported complaint of discrimination and/or harassment, or otherwise fail to comply with TUSD's policies and regulations regarding discrimination and/or harassment, will be subject to appropriate discipline, pursuant to such policies. Retaliation against any person who, in good faith reports or participates in the investigation of alleged unlawful discrimination, harassment, and/or violations of TUSD's policies is prohibited and will be subject to separate discipline up to and including termination.

Monitoring

The EEO Compliance Officer will be responsible for monitoring all actions taken by Administrators in response to complaints of discrimination and/or harassment, including receipt, investigations and resolutions of such complaints, as well as actions taken by Administrators in response to such complaints. Where necessary to ensure compliance with TUSD's written policies and regulations, the EEO Compliance Officer shall take steps to amend or supplement any such investigation. 

Where the EEO Compliance Officer finds a violation occurred, but that the corrective action taken was disproportionate to the violation, the EEO Compliance Officer shall discuss the discrepancy with the appropriate Assistant Superintendent and/or the Chief Human Resources Officer to ensure that the corrective action is properly correlated to the violation.

Created: October 5, 2004
Reviewed: April 10, 2007
Revised: September 29, 2011 [Email to Board]
Revised: September 26, 2019 [Email to Leadership, cc Board]
Revised: May 15, 2020 (updated contact information only)

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