Mandatory Dispute Resolution
(Preliminary Renewal Petition language for submission for charter renewal 2021 - 2026)
“The procedures to be followed by the charter school and the entity granting the charter to resolve disputes relating to provisions of the charter.” (Ed. Code § 47605(b)(5)(N).)
Written notifications to the school should be sent to:
Encore High School
C/O Encore Education Corporation
Attn. John Griffin, COO
16955 Lemon Street
Hesperia CA 92345
Disputes between Encore and District
Encore and the District will be encouraged to attempt to resolve any disputes with the District amicably and reasonably without resorting to formal procedures.
In the event of a dispute between Encore and the District, Encore staff, employees, and Board members and the District agree to first frame the issue in written format (“dispute statement”) and to refer the issue to the District Superintendent and Chief Executive officer of Encore (CEO), or their respective designees. In the event that the District Board of Education believes that the dispute relates to an issue that could lead to revocation of the charter in accordance with Education Code Section 47607, Encore requests that this shall be noted in the written dispute statement, although it recognizes it cannot legally bind the District to do so. However, participation in the dispute resolution procedures outlined in this section shall not be interpreted to impede or act as a prerequisite to the District’s ability to proceed with revocation in accordance with Education Code Section 47607 and its implementing regulations.
The Superintendent (or his/her designee) and CEO (or his/her designee) shall informally meet and confer in a timely fashion to attempt to resolve the dispute, not later than five (5) business days from receipt of the dispute statement. In the event that this informal meeting fails to resolve the dispute, both parties shall identify two Board members from their respective boards who shall jointly meet with the Superintendent and CEO, or their respective designees, and attempt to resolve the dispute within fifteen
(15) Business days from receipt of the dispute statement.
If this joint meeting fails to resolve the dispute, the Superintendent and CEO, or their respective designees, shall meet to jointly identify a neutral third party mediator to engage the parties in a mediation session designed to facilitate resolution of the dispute. The format of the mediation session shall be developed jointly by the Superintendent and CEO, or their respective designees. Mediation shall be held within sixty (60) business days of receipt of the dispute statement. The costs of the mediator shall be split equally between the District and Encore. If mediation does not resolve the dispute either party may pursue any other remedy available under the law. All timelines and procedures in this section may be revised upon mutual written agreement of the District and Encore.
Encore shall have an internal dispute resolution process to be used for all internal disputes related to Encore's operations. Encore shall also maintain a Uniform Complaint Policy and Procedures as required by law. Parents, students, board members, volunteers, and staff at Encore will be provided with a copy of Encore's policies and dispute resolution process. District will refer to Encore all disputes not related to a possible violation of the Charter or law or to the operation of Encore or District's oversight obligations. Encore shall provide District written notice of the resolution of any such internal disputes that were initially submitted to the District and referred by the District to Encore.
General Complaint Review Policy
The purpose of the “General Complaint Review Policy” is to afford all employees of Encore Junior / Senior High School for the Arts (“School”) the opportunity to seek internal resolution of their work-related concerns. All employees have free access to the Chief Executive Officer (“CEO”) or Encore School Board to express their work-related concerns. Specific complaints of unlawful harassment, discrimination, and retaliation are addressed under the School’s Policy Prohibiting Unlawful Harassment, Discrimination, and Retaliation and/or Uniform Complaint Procedures (“UCP”). Student complaints of this nature may also fall under the School’s Title IX, Harassment, Intimidation, Discrimination, and Bullying policy and/or UCP.
For all other complaints, the General Complaint form and accompanying procedures will be appropriate.
Internal Complaints (Complaints by Employees against Employees)
This section of the policy is for use when a School employee raises a complaint or concern about a co-worker.
If reasonably possible, internal complaints should be resolved at the lowest possible level, including attempts to discuss/resolve concerns with the immediate supervisor. However, in the event an informal resolution may not be achieved or is not appropriate, the following steps will be followed by the CEO or designee:
The complainant will bring the matter to the attention of the CEO as soon as possible after attempts to resolve the complaint with the immediate supervisor have failed or if not appropriate; and
The complainant will reduce his or her complaint to writing, indicating all known and relevant facts. The CEO or designee will then investigate the facts and provide a solution or explanation;
If the complaint is about the CEO, the complainant may file his or her complaint in a signed writing to the CEO or President of the School’s Encore School Board, who will then confer with the Board and may conduct a fact-finding or authorize a third party investigator on behalf of the Board. The Board President or investigator will report his or her findings to the Board for review and action, if necessary.
This policy cannot guarantee that every problem will be resolved to the employee’s satisfaction. However, the School values each employee’s ability to express concerns and the need for resolution without fear of adverse consequence to employment.
Policy for Complaints against Employees (Complaints by Third Parties against Employees)
This section of the policy is for use when a non-employee raises a complaint or concern about a School employee.
If complaints cannot be resolved informally, complainants may file a written complaint with the office of the CEO or Board President (if the complaint concerns the CEO) as soon as possible after the events that give rise to the complainant’s concerns. The written complaint should set forth in detail the factual basis for the complaint.
In processing the complaint, CEO (or designee) shall abide by the following process:
The CEO or designee shall use his or her best efforts to talk with the parties identified in the complaint and to ascertain the facts relating to the complaint.
In the event that the CEO (or designee) finds that a complaint against an employee is valid, the CEO (or designee) may take appropriate disciplinary action against the employee. As appropriate, the CEO (or designee) may also simply counsel/reprimand employees as to their conduct without initiating formal disciplinary measures.
The CEO’s (or designee’s) decision relating to the complaint shall be final unless it is appealed to the Encore School Board. The decision of the Board shall be final.
Confidentiality: All complainants will be notified that information obtained from the complainants and thereafter gathered will be maintained in a manner as confidential as possible, but in some circumstances absolute confidentiality cannot be assured.
Non-Retaliation: All complainants will be advised that they will be protected against retaliation as a result of the filing of any complaints or participation in any complaint process.
Resolution: The Board (if a complaint is about the CEO) or the CEO or designee will investigate complaints appropriately under the circumstances and pursuant to the applicable procedures, and if necessary, take appropriate remedial measures to ensure effective resolution of any complaint.