Common use of Investigation of Complaints Clause in Contracts

Investigation of Complaints. 1. A complaint is a statement of inappropriate or improper conduct or misconduct made by a person or group of persons against an employee or group of employees. A complaint may also arise from an independent law enforcement agency investigation where due process standards have been observed. 2. Before any investigation of a complaint begins, the person, persons or law enforcement agency making the complaint must reduce the complaint to writing which must be signed and dated (or the complaint must be reduced to writing with the name, address and telephone number of the person complaining and signed and dated by the School District person receiving the complaint). The complaint must be specific about the matters on which the complaint is based. No formal disciplinary investigation shall be undertaken until the complaint has been investigated by the School District and the facts verified in writing. a. The cost center administration shall complete its initial investigation, reach a decision as to probable cause, provide a copy of the complaint and the initial investigative file to the employee, and file a copy of the complaint and initial investigative results in a "personnel file" as required by Florida Statutes 321.291. b. If disciplinary action is to be taken or recommended as a result of an investigation the decision or recommendation must be made within the following time limits: (1) Any letter of concern, warning, reprimand, or lesser discipline must be issued to the employee within the prescribed timelines as established in statute, policy, and/or contract language. A copy of the complaint(s), and investigative results must also be provided as an attachment. (2) Any recommendation for suspension or termination must be made by the Superintendent within ten (10) days of the date upon which the employee is given a copy of the final investigative file. 4. Any employee may be suspended with pay pending investigation of a complaint, at the discretion of the Superintendent. The Superintendent may recommend that the employee be suspended without pay. That recommendation shall be considered by the School Board at its first regular or special meeting following the recommendation. The employee shall be given notice of the meeting and an opportunity to speak to the issue of suspension without pay and present evidence as to why the employee should not be suspended pending conclusion of the matter. The employee shall have the right to be represented by an Association representative or attorney of his/her choice at the meeting. The School Board may terminate or continue the suspension. Such suspension shall not be deemed to be discipline. In the event probable cause is not found or the charges are dismissed the employee shall be immediately reinstated and paid all back pay and benefits. 5. If the administration chooses not to investigate a complaint, a copy shall be provided to the employee against whom the complaint is made, but no copy or record of the complaint shall be placed in the employee's personnel file. Uninvestigated complaints will not be used as the basis for any reprimand or other discipline, non-renewal of employment or negative comment on an observation, general assessment, or annual evaluation. 6. If the investigation is concluded with the finding that there is no probable cause to proceed further and with no disciplinary action taken or charges filed, a statement to that effect signed by the responsible investigating official shall be attached to the complaint and a copy provided to the employee. 7. Any investigation of a complaint shall not be deemed an observation for evaluation purposes with regard to the condition that all observations shall be open.