West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-018 - Racial, Sexual, Religious/Ethnic Harassment And Violence Policy (2421) › Section 126-18-7 - Investigation

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				individual(s) designated by the policy to investigate, shall upon receipt of a
				report or complaint alleging religious/ethnic, racial or sexual harassment or
				violence, immediately undertake or authorize an investigation. The
				investigation may be conducted by agency officials or by a third party
				designated by the agency, in accordance with this policy and the plan developed
				pursuant to 126CSR18-5.
7.2. The
				investigation must at a minimum consist of personal interviews with the
				complainant, the individual(s) against whom the complaint is filed, and others
				who may have knowledge of the alleged incident(s) or circumstances giving rise
				to the complaint. The investigation may also consist of any other methods and
				review of circumstances deemed pertinent by the investigator.
7.3. The agency shall determine whether the
				alleged conduct constitutes a violation of this policy.
7.4. In determining the appropriate response
				and/or punishment, the agency should consider the surrounding circumstances,
				the nature of the behavior, past incidents or past or continuing patterns of
				behavior, the relationships between the parties involved and the context in
				which the alleged incidents occurred. Whether a particular action or incident
				constitutes a violation of this policy requires a determination based on all
				the facts and surrounding circumstances.
7.5. The agency may take immediate steps, at
				its discretion, to protect the complainant, pupils, teachers, administrators or
				other personnel pending completion of an investigation of alleged
				religious/ethnic, racial or sexual harassment or violence.
7.6. The investigation will be completed as
				soon as practicable. The investigator shall make a written report to the head
				of the agency upon completion of the investigation. If the complaint involves
				the head of the agency, the report may be filed directly with the agency's
				governing board. The report shall include a determination of whether the
				allegations have been substantiated as factual and whether they appear to be
				violations of this policy.
7.7. The
				result of the investigation of each complaint filed under these procedures will
				be reported in writing to the complainant or his/her legal guardian by the head
				of the agency, or, if the head of the agency is the subject of the complaint,
				by the president of the agency's governing board.
7.8. Confidentiality of the filing of
				complaints, the identity of subjects and witnesses of any complaint and of any
				action taken as a result of such complaint is essential to the effectiveness of
				this policy. Only those individuals necessary for the investigation and
				resolution of the complaint shall be given information about it. Therefore, the
				right of confidentiality of complainants, subjects, witnesses, and
				investigators will be vigorously protected and violations of such
				confidentiality may itself be grounds for disciplinary action.