Complaints

Purpose

To respond to complaints in regards to the Board of Trustees or any individual Board member, the Board secretary or Principal, or any governance policy or strategy in a fair, timely and consistent manner.

Note:  Any complaint in regards to staff, including teaching or general staff, or teaching or other matter over which the school has jurisdiction including operational policies are dealt with under the Operational Level Complaints Policy.

Policy

  1. The Board will provide a transparent process based on the rules of natural justice to deal with governance level complaints that may arise in relation to the Board of Trustees or any individual Board member, the Board secretary or Principal or any school policy.
  2. The Board will ensure that the school community have access to the policy showing the correct procedure to be taken for both making and resolving a governance level complaint.
  3. The Board will work to resolve complaints in a timely manner.

Process

Deciding the nature of the complaint and who shall deal with it.

  1. The person making the complaint (the Complainant) will make a written complaint signed by him/her identifying the nature of the complaint and detailing the time and place of complaint (where relevant) and whether any Board member or Board secretary or Principal were involved.
  2. The person receiving the complaint (“Recipient”) must first determine whether the complaint is at governance (Board) level or is at operational (management) level.
  3. If at operational level the complaint will be dealt with by the Principal.
  4. If at governance level the complaint will be dealt with by the Board of Trustees
  5. Having decided it is a governance level complaint the Recipient will then determine whether the complaint involves the Board of Trustees collectively or any individual Board member or Board secretary or Principal or school policies.
  6. Complaints against the Principal will be dealt with by the Remuneration Committee in the first instance unless the breach constitutes serious misconduct then the whole of the Board of Trustees will deal with the complaint.
  7. If the complaint is in regards to the Chair of the Board, then the whole of Board will deal with the complaint led by the Deputy Chair.
  8. If the complaint is in regards to the Secretary, or any governance policy or strategy then the whole of Board will deal with the complaint.

Investigating the complaint

  1. On receipt of a written and signed complaint the Board shall start an investigation into the complaint.
  2. The Board may delegate members of the Board to carry out the investigation on their behalf where the complaint is in regards to process, policy or strategy.
  3. Where the complaint alleges a serious breach of fiduciary duty by the Board as either individual members or collectively then the full Board ill deal with the complaint. Such breaches may include gross, serious or sustained poor performance:
    1. Dishonesty including theft of School property, fraud or other forms of dishonesty including misuse of School funds.
    2. Assault or fighting.
    3. Possession of or being under the influence of or consuming non- prescription drugs or alcohol while carrying our Board duties.
    4. Intentionally providing false information or misrepresenting the School or the BOT
    5. Undermining Board Policy or otherwise seriously damaging the integrity of the BOT or the reputation of the School.
    6. Any form of verbal abuse, bullying, intimidation, abuse or harassment including racial or sexual abuse or harassment.
    7. Engaging in illegal activity (whether at school or otherwise).
    8. Wilful damage to or unauthorised possession of property or equipment belonging to the School or those associated with the School.(i.e. staff, students etc.).
    9. Breaches of confidentiality.
    10. Breach of the internet policy, misuse of the school computer system or other equipment for unauthorised purposes.
    11. Any other conduct which deeply impairs the relationship of trust and confidence.
  1. The Board may delegate members or an external person to interview the complainant and the person against whom the complaint is made.
  2. The notes of the interviews will be made.
  3. The person/persons carrying out the investigation will write up a report with recommendation attached.
  4. While the Board has no power to discipline elected or co-opted Board members it may make recommendations.
  5. The results of the investigation will be made known to the complainant.
  6. The investigation and report will remain confidential within the Board.
  7. A sealed Governance Level Complaints File will be kept by the Board Secretary containing all work done investigating the complaint and the resultant report.
  8. A Register of Complaints will be kept by the Board Secretary and reviewed annually by the Board.

Document Management and Control

Policy / Document Owner: Orakei School Board of Trustees
Governance Policy Number: CP21
Prepared or Reviewed By: W Pihema
Authorised By: The Board of Trustees
Date Policy Approved and Resolution No.: June 12 2017 / 2.6.17
Date Last Reviewed:
Review Frequency: Triennial
Date of Next Review: June 2020

 

Document History
Review Date: Review Outcome: