Page 69 - POLICY GUIDE 2012

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Under certain circumstances, harassment may constitute child and/or sexual abuse
under Chapter 49 of the West Virginia Code. In such situations, all employees shall comply
with the provisions of law reporting such abuse.
3103.4 Investigation and Recommendation
The individual(s) designated above by this policy to investigate, shall, upon receipt
of a report or complaint alleging racial, sexual, or religious/ethnic discrimination or harass-
ment, immediately undertake to authorize an investigation.
The investigation may be conducted by school officials or by a third party
designated by the superintendent if necessary.
The investigating party shall provide a written report of the result of the inves-
tigation and a recommendation of discipline within ten (10) working days to the superin-
tendent and to the Human Rights Officer.
If the superintendent is the subject of the complaint, the report shall be submitted to
the Human Rights Officer and the president of the Harrison County Board of Education.
In determining whether alleged conduct constitutes racial, sexual, or religious/ethnic
discrimination, harassment or violence, consideration shall be given to the surrounding cir-
cumstances, the nature of the conduct involved, relationships between the parties involved,
and the context in which the alleged incidents occurred.
The investigation must, at a minimum, consist of personal interviews with the com-
plainant, the alleged discriminator(s), and others who may have knowledge of the alleged inci-
dent(s) or circumstance(s) giving rise to the complaint. The investigation may also consist of
any other methods and documents deemed pertinent by the investigator(s).
Upon the conclusion of the investigation, a written report shall be prepared detailing
the findings, whether the complaint was found to be credible, whether a violation of the policy
was found to have occurred, and the Investigator’s recommendation. This report shall be pre-
sented to the superintendent and the Human Rights Officer.
Upon receipt of a recommendation that the complaint is valid, the superintendent, or
the Harrison County Board of Education if the superintendent is the alleged discriminator, will
take such action as is deemed appropriate based upon the results of the investigation. Such
action may include, but is not limited to a warning, suspension, exclusion, expulsion, termina-
tion, or referral for revocation of licensure.