Policy 415.

00: “Discrimination, Harassment, Violence, and Retaliation”

Information Sheet

Introduction

This sheet contains important information about the Saint Paul Public School’s 415.00 policy,
“Discrimination, Harassment, Violence, and Retaliation Policy” and the 415.00 complaint form.
The 415.00 policy prohibits retaliation and discrimination, harassment, or violence based on
protected class. The information below will explain the 415.00 policy and how to file a complaint.

The 415.00 policy and the 415.00 complaint form can be found at: https://www.spps.org/policy.
The electronic version of the 415.00 complaint form can be found at: Online Complaint.

Please review this information sheet thoroughly. See below if you need help filing a complaint or
need alternate arrangements to receive this information:

*If you are a student or a parent please contact:

● Ombudsperson, at 651-767-8394; or
● Your principal or assistant principal; or
● Office of the Assistant Superintendent, at 651-767-8133 or 651-767-8121.

*If you are District personnel please contact:

● Your supervisor or manager; or

● Director of Equal Employment Opportunity (EEO), at 651-764-2665; or
● Human Resources, at 651-767-8202, or 761-767-8200.

What is the 415.00 policy?

The 415.00 policy prohibits retaliation and harassment, discrimination, or violence based on
protected class. Protected classes identified in the 415.00 policy are race, color, national origin,
creed, religion, marital status, familial status, sex, sexual or affectional orientation, gender
identity and expression, status with respect to public assistance, age, disability, and
membership or activity on a local commission as defined by Minn. Stat. §363A.03.

To whom does the 415.00 policy apply?

The policy applies to students, teachers, administrators, and all other district personnel as
defined in the 415.00 policy. District personnel include employees, contractors, agents,
volunteers, or those under the supervision and control of the district.

What conduct is prohibited under the 415.00 policy?

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The 415.00 policy prohibits retaliation and harassment, violence, and discrimination based on
protected class. A policy violation occurs when prohibited conduct occurs.

Under the 415.00 policy, “harassment” is conduct which:

● Creates an “intimidating, hostile, or offensive” work or learning environment;

● “Substantially or unreasonably” interferes with a person’s ability to work or learn; or
● “Adversely affects” a person’s work or learning opportunities.

Under the 415.00 policy, examples of retaliation include further intimidation or harassment,
taking or threatening to take a materially adverse action against a person (i.e. an action that
causes significant harm to the person making a report), or actions that might dissuade a person
from filing a complaint.

The 415.00 policy does not cover all types of conflicts or potential conflicts between persons. If
you are unsure about whether conduct violates this policy, complete a 415.00 form, and provide
as much detail as possible. The person receiving the form will help evaluate your concern.

What information do I need to file a 415.00 complaint?

Please provide a description of what happened. The following information is not required but
may be helpful in an investigation:

● Dates, times, locations of events (approximate if necessary)

● Documents (i.e. performance evaluations, meeting notes, notes from phone calls)
● Electronic communication (i.e. pictures, text messages, emails)
● Detailed descriptions of events (i.e. who else was there, what was said, what conduct
occurred, where it occurred)
● Calendar or journal of events or timelines
● Names of witnesses (other people who saw or heard the events)
● Names of persons who you think engaged in the prohibited conduct

How do I file a 415.00 complaint?

There are several options to file a complaint:

● Electronically submit an online complaint form

○ Complete the form and electronically submit it to the person you choose.
● Verbally:
○ You can speak with a Responsible Administrator or other person identified in the
415.00 policy about your complaint.
○ If you make an oral complaint, expect the person to document your complaint on
a 415.00 form.

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 ● Anonymously
○ You can download a complaint form online, fill it out by hand, omit your contact
information, and hand deliver it to the person you choose.
○ You can also electronically complete an online complaint form, omit your contact
information, print the form, and hand deliver it to the person you choose.

Note that if you choose to make an anonymous report, the district cannot take remedial or
disciplinary action solely based on that report.

Generally, reports should be made or submitted to the person designated as the “Responsible
Administrator” defined by the 415.00 policy. The Responsible Administrator is your principal, or
department supervisor. If your complaint is against the Responsible Administrator, you can
make your complaint to the Equal Employment Opportunity (EEO) director. Even if your
complaint is not against the Responsible Administrator, you can still submit your complaint to
the EEO director or another person identified in the 415.00 policy.

If you wish to complete and submit the 415.00 form electronically, follow the prompts to
complete the form. You will be asked to describe what happened, when it happened, identify
witnesses, etc. When you are finished, you will select a person from a list of people to receive
the complaint. Please note the electronic submission system does not support attachments.
Save all of your evidence and make sure to discuss your evidence with the person who receives
your complaint.

What should I expect after I file a 415.00 complaint?

The person who receives your complaint will review it and decide whether to authorize an
investigation. The purpose of the investigation is to determine whether conduct violated the
415.00 policy.

If an investigation is opened, the investigator serves as a neutral party and does not represent
or advocate for either “side” in the complaint. The investigator simply gathers facts. If the EEO
director opens an investigation, expect to be contacted for an initial interview to talk about the
complaint and gather more information. As mentioned above, the online 415.00 complaint form
does not support attachments, so if you have evidence, bring it with you to your initial interview.

What does an investigation look like?

Investigations vary depending on the complaint. Investigative activities may include:

● Investigative interviews with respondents (people against whom a complaint is made)

● Interviews with witnesses or witness statements
● Review of security footage or technology data (i.e. badge information, emails, browsing
history)

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 ● Document review (i.e. performance reviews, notes, evaluations, prior discipline, prior
coaching, personnel file)

The person bringing the complaint will be relied on to provide information about what happened.
Expect to be asked a lot of questions, and do not be surprised if you are asked to provide as
much detail as possible. You may be asked several questions including any attempts to resolve
or address the conflict. Investigations can have many outcomes. This information is helpful in
identifying any resolutions that were attempted so as to not repeat a process that did not work.

During the interview, there may be questions you don’t know the answer to. That is fine. Answer
as truthfully and as completely as you can. If you know someone else who might know the
answer, be sure to identify that person.

How long will the investigation take?

The length of time an investigation takes will vary. However, according to the 415.00 policy,
investigations should be completed as soon as possible, but predominantly within thirty (30)
days, absent other extenuating circumstances.

What happens after an investigation is complete?

The investigation will determine whether conduct occurred, and whether the conduct resulted in
a policy violation. A complaint is ‘substantiated’ if the investigation concludes the 415.00 policy
was violated. A complaint is ‘unsubstantiated’ if the investigation concludes the 415.00 policy
was not violated or there was insufficient evidence to conclude that a policy violation occurred.

The standard of evidence used to determine whether a complaint is substantiated is

‘preponderance of the evidence.’ Preponderance doesn’t necessarily mean the most evidence,
but rather the most persuasive evidence that the conduct occurred.

Investigation determinations rely on all relevant information such as:

● How the conduct was interpreted

● How it could reasonably be interpreted
● The entire set of circumstances unique to each complaint
● Nature of the complaint
● Relationship of the parties
● Frequency of the conduct
● Prior conduct

According to the 415.00 policy, corrective action can be taken for policy violations as well as
conduct based on protected class that was inappropriate, even if the conduct did not constitute

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a policy violation. Please note that due to confidentiality and privacy laws, you will not be
personally notified or consulted if action is taken.

At the conclusion of an investigation, the investigative activities will be compiled and

documented. The documentation will include information such as facts, credibility
determinations, conclusions about whether conduct occurred, and whether the complaint was
substantiated. That documentation will be used by appropriate departments and persons to
determine what, if any, further action will be taken. Note that you will not be informed of
disciplinary or remedial measures. You may be offered an opportunity to meet with the
investigator to discuss the complaint. If you choose to do this, please note that the information
provided to you is in part determined by confidentiality and privacy laws.

There may be other options available to you to help you move forward after making a complaint,
such as restorative practice circles. These are not required and will not be utilized in all
circumstances, but may be offered to you.

What about retaliation?

The district strictly prohibits retaliation against someone who, for example, files a complaint,
brings a concern forward, supports someone who files a complaint or participates in an
investigation. Examples of retaliation include further intimidation or harassment, taking or
threatening to take a materially adverse action against a person (i.e. an action that causes
significant harm), or actions that might dissuade a person from filing a complaint.

Retaliation does not include employment or academic action which would have occurred
regardless of whether or not a complaint was filed.

If you think you might be experiencing retaliation, it is imperative to let EEO or the Responsible
Administrator know immediately. The retaliation concern will be investigated and evaluated as
promptly as possible and as a separate matter from the original complaint. The investigation will
be documented and used to determine whether action needs to be taken. As with other
investigations, the district is prohibited from disclosing details about follow up action or
disciplinary proceedings due to privacy and confidentiality laws.