Reporting a Complaint

Student(s), parent(s) or legal guardian(s) who believes his/her/their student has been subjected to alleged discrimination and/or harassment by a student, teacher, administrator or other school personnel or third parties should report the incident(s) immediately to a school administrator such as a principal, assistant principal and/or dean of students. 

Any employee who believes he/she/they has been subjected to alleged discrimination and/or harassment by a student, teacher, administrator or other school personnel or third parties should report the incident(s) immediately to their supervisor or an administrator with supervisory/administrative authority. 

They may also directly report to Equal Opportunity Services or any civil rights entities such as the New Mexico Human Rights Division. Any APS employee, who becomes aware of an alleged discrimination and/or harassment incident, whether by witnessing the incident or being told of it, must report it to their immediate supervisor or to Equal Opportunity Services. This reporting obligation is in addition to a school employee’s reporting obligations to appropriate officials pursuant to law and APS Procedural Directive G. Personnel: Reporting Child Abuse, Neglect or Educational Neglect, when the employee has a reasonable belief that a student is being sexually abused or subjected to other forms of abuse and neglect prohibited by law.

Supervisors and administrators who have received a complaint must report the allegation(s) to Equal Opportunity Services.

Anyone may contact Equal Opportunity Services directly.

When the district becomes aware of the existence of an alleged discrimination and/or harassment, it is obligated by law to take prompt and appropriate action, whether or not the victim wants the district to proceed or not.

For allegations that may rise to the level of sexual violence, parties may choose and/or be directed by Equal Opportunity Services to also file a police report. Individuals who file police reports should also report to Equal Opportunity Services.

All concerns can be reported through the fillable Report a Concern form to discover what options are available. For formal complaints, please use the PDF complaint form(s) at the top of this page.

Informal complaint resolution process

Informal resolution may be an appropriate choice when the conduct involved is not a serious or repetitive nature and disciplinary action is not required to remedy the situation.  The determination is made by an administrator or designee.  The informal resolution process can be ended by a complainant at any time to begin a formal complaint process.  The administrator or designee shall document any informal resolution, and a copy of such documentation shall be forwarded within three (3) business days of resolution to Equal Opportunity Services, and when appropriate, the Chief of Human Resources & Legal Services.

Formal complaint resolution process

Initiation of the formal complaint procedures requires a written complaint. The complaint form can be accessed from the Equal Opportunity Services’ webpage.  Hard copy forms are available in Equal Opportunity Services.  Individuals can also request a school or department to provide a hard copy form. 

Formal complaints must be submitted in writing to Equal Opportunity Services within 180 days from the date of alleged act(s), in accordance with timelines set forth by the Office of Civil Rights, unless the time for filing is extended by Equal Opportunity Services for good cause (to be determined by the EOS).  Failure of a complaint to comply with any time limitation in the complaint procedure may result in dismissal of the complaint and/or denial of the appeal.  Dismissal shall not preclude the individual’s right to pursue the complaint through other appropriate external agencies. 

Equal Opportunity Services shall review the formal complaint to determine whether the matter falls within the scope of these procedures.  Within ten (10) business days after the complaint submission date, Equal Opportunity Services shall initiate an investigation of the matters alleged, or inform the complainant in writing that the matters alleged in the complaint are not within the jurisdiction or authority of the district to investigate and that the district will not carry out any further investigations.  If the matter does not involve allegations of discrimination within the scope of these procedures, Equal Opportunity Services shall forward the matter to the proper district administrative authority for review, if appropriate.

During either the informal or formal complaint processes interim measures, such as schedule changes, placing employees on leave and/or counseling support may be implemented to protect students/ employees in the educational setting, pending the outcome of the process. 

• Educational Conference is with the person(s) who are engaged in the behavior against your student. This is an informal, non-disciplinary conversation where each person has a conversation with EOS staff and the appropriate authority (a school administrator) to discuss APS policies and the reasons for our policies as well as our expectations of their behavior moving forward.
• Mediation or other restorative conversation. These conversations are also non-disciplinary and are intended to educate the person(s) about the harm their behavior is causing. You would also participate (although possibly not directly) in the resolutions.