D.C. Mun. Regs. tit. 5, r. 5-E807

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-E807 - GRIEVANCES ALLEGING HARASSMENT

807.1

The following procedure, at the complainant's option, shall apply to all grievances alleging incidents of harassment and/or sexual harassment:

(a) Complaints of harassment and/or sexual harassment filed by an employee will be accepted orally or in writing by the building principal (or department head if the employee is not school-based), as soon as practicable after the last act of alleged harassment. If the complaint is presented orally, the principal shall prepare a written report of the conversation with the employee and shall have the employee review and sign such written report. All complaints and information contained therein will be kept confidential to the extent possible. If any person responsible for overseeing or investigating harassment or sexual harassment complaints is implicated in the complaint, or has any actual or perceived conflict of interest, the complaint may be made directly to the Assistant Superintendent with jurisdiction over the school where the employee is based for action.

(b) This procedure shall be initiated by an oral or written complaint containing the following information to the extent known by the complainant; provided, however, that this procedure shall be deemed initiated despite the omission of any item or items of information:

(1) The name and position of the complainant;

(2) The date, approximate time, and location of the incident;

(3) What type of harassment was involved in the incident;

(4) The identity of the person(s) who committed the alleged acts of harassment;

(5) If the alleged harassment was directed towards other person(s), the identities of such persons;

(6) Whether any witnesses were present, and their identities; and

(7) A specific factual description of the incident, including any verbal statements or physical contact.

(c) The principal or department head is responsible for ensuring that all complaints are properly processed in accordance with these procedures, but may delegate the processing of harassment and sexual harassment complaints. The principal/department head or designee is required to take the following actions:

(1) Within one (1) school day - schedule and complete a confidential discussion of the allegations with the complainant. The subject of the allegations shall not be notified of or be present during such discussion.

(2) Within thirty (30) days - the principal/department head or designee shall complete his/her investigation and prepare a written report that includes a finding as to whether the allegations of harassment and/or sexual harassment are substantiated. The report shall reflect the results of the investigation, which investigation shall include, but not be limited to, the following matters:

1) interview with the complainant(s)

2) interviews with the subject(s)

3) interviews with employees and others (including students) who have knowledge of the facts alleged in the complaint and

4) review of all pertinent records. The report shall be provided to all parties to the complaint. If the principal/department head or designee is unable to complete such report within thirty days, he/she shall notify the complainant and the Assistant Superintendent with jurisdiction over the employee's school, who shall than become responsible for the completion of the investigation within ten (10) days.

(d) Within ten (10) days of the issuance of the report, the complainant may file a written grievance with the Assistant Superintendent with jurisdiction over the employee's school or the Superintendent as appropriate. If such a grievance is filed, the formal hearing process specified in §§ 804 -806 shall apply.

D.C. Mun. Regs. tit. 5, r. 5-E807

Final Rulemaking published at 49 DCR 7513, 7513-15 (August 2, 2002)