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Policy on Malicious or Vexatious Complaints

Posted
Updated
ByRomerike International School
  1. Purpose
    Romerike International School is committed to ensuring a culture of open communication where
    concerns can be raised in a respectful and constructive manner. This policy outlines how the
    school addresses complaints that are demonstrably malicious, vexatious, or made in bad faith,
    while safeguarding the right to speak up as protected under Norwegian law.
  2. Legal Framework
    This policy is grounded in compliance with:
    ● Grunnloven §100 – Freedom of expression
    ● Opplæringslova §12 – Duty to ensure a safe and inclusive school environment
    ● Arbeidsmiljøloven §2A – Whistleblower protection and employees’ right to report
    wrongdoing
    ● Personopplysningsloven / GDPR (EU 2016/679) – Protection of personal data
    ● Straffeloven §246–247 – Protection against false accusations and defamation
  3. Scope
    This policy applies to all members of the school community:
    ● Students
    ● Parents and guardians
    ● Staff members
    ● External stakeholders (e.g. volunteers, contractors)
  4. Definitions
    ● Genuine complaint: A concern raised in good faith, with the intent to improve, question,
    or resolve a school-related issue.
    ● Malicious complaint: A complaint that is knowingly false, submitted with the intent to
    harm, defame, manipulate, or harass an individual or the school.
    ● Vexatious complaint: A complaint that is persistently unreasonable, repetitive, or
    obsessive, and causes undue strain on school resources without legitimate cause.
  5. Principles
    ● Everyone has the right to raise concerns and be heard without fear of retaliation.
    ● The school will take all complaints seriously, including those found to be malicious.
    ● Complaints must be handled in accordance with due process, privacy protections,
    and fair treatment for all parties.
  6. Criteria for Identifying Malicious or Vexatious
    Complaints
    A complaint may be deemed malicious or vexatious if it:
    ● Is knowingly untrue or lacks any factual basis
    ● Is accompanied by abusive, threatening, or defamatory language
    ● Has been repeated without new evidence after thorough investigation
    ● Seeks to damage the reputation or wellbeing of another person
    ● Is used to intimidate, retaliate, or manipulate decisions
  7. Procedures
    7.1 Review and Escalation
    ● All complaints are first processed through the school’s standard complaints
    procedure.
    ● If malicious or vexatious intent is suspected, the case will be escalated to the Senior
    Leadership Team (SLT) for review.
    7.2 Determination
    ● The SLT will assess the evidence objectively.
    ● A complaint will only be classified as malicious if there is clear and documented proof
    of intent to harm or deceive.
    7.3 Response
    ● If deemed malicious:
    ○ The complainant will be notified in writing of the decision.
    ○ The affected party will receive appropriate pastoral or HR support.
    ○ The school may implement sanctions (see Section 8).
    7.4 Appeals
    ● The complainant has the right to appeal the decision in writing within 10 working days.
    ● Appeals will be reviewed by an independent senior staff member not previously
    involved in the case.
  8. Consequences
    Consequences will be proportionate, consistent with Norwegian regulations, and follow due
    process:
    ● For students: Disciplinary action per the Behaviour Policy
    ● For staff: Measures in line with the Working Environment Act and employment contracts
    ● For parents/guardians: Restricted communication, removal from school premises, or
    reporting to appropriate authorities if needed
    No disciplinary measures will be taken without thorough documentation and opportunity for
    defense.
  9. Data Protection and Confidentiality
    ● Records relating to malicious complaints are confidential, stored securely, and retained
    only as long as necessary in accordance with GDPR.
    ● Individuals may request access to their records and have the right to correction or
    deletion unless legally restricted.
  10. Safeguards for Good-Faith Complainants
    ● No one will face consequences for raising a complaint in good faith, even if the
    complaint is not upheld.
    ● Poorly phrased, misinformed, or mistaken complaints will not be penalized unless intent
    to harm is evident.
  11. Review
    This policy will be reviewed biennially or earlier if required by changes in legislation or local
    practice. The Head of School is responsible for monitoring compliance.
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