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HomeMy WebLinkAboutU-4110 Public Complaints and GrievancesUNIFORM POLICIES U-4110 Page 1 of 7 Bonneville Joint School District No. 93 Public Complaints and Grievances GENERAL APPEALS, COMPLAINTS AND GRIEVANCES The Board of Trustees and administrative officers of Bonneville Joint School District No. 93 understand that listening to valid complaints and suggestions is a fundamental aspect of continuous improvement. To effectively resolve concerns, complaints, and grievances, the following policy and procedures establish an orderly process to pursue solutions for patrons, staff, or students who bring complaints and grievances. These procedures will provide a systematic and orderly process for students, parents, patrons, and employees to seek resolution of their concerns. Public complaints and suggestions shall be submitted to the appropriate -level staff member or District Administrator. Each complaint or suggestion shall be considered on its merits. Unless otherwise indicated in these policies or otherwise provided for by law, no appeal may be taken from any decision of the Board. 1. Application of this Policy a. The General Appeals, Complaint and Grievance Policy #U-4110 shall be followed if the complaint alleges that the Board, its employees or agents have violated rights guaranteed by State or Federal constitutions, State or Federal statutes, or Board policy unless the complaint or grievance alleges violations of one or more of the following policies: i. U-4085 Sexual Harassment (Title IX) ii. U-4301 Bullying, Harassment, and Intimidation A complaint or grievance that alleges a violation of one or more of the above-stated policies should follow the complaint and grievance procedure outlined in that policy. b. Parents / guardians shall follow the General Appeals, Complaint, and Grievance Policy to appeal decisions or report complaints related to their own child’s educational program. c. Employees shall follow the General Appeals, Complaint, and Grievance Policy to appeal decisions related to their employment except for the following circumstances: i. Certified employees who allege violations or misapplications of any provision of the Master Agreement between the Bonneville Education Association and the Bonneville Joint School District No. 93 Board of Trustees shall follow the grievance procedure outlined in the currently adopted Master Agreement. UNIFORM POLICIES U-4110 Page 2 of 7 Bonneville Joint School District No. 93 Public Complaints and Grievances ii. The decision of the Board to not reemploy a teacher on an annual contract, including Category 1, Category 2, Category 3, or retiree contracts, does not fall within the scope of this Policy 4110 and cannot be regarded as a proper complaint and/or grievance matter. However, a complaint and/or grievance that alleges a procedural violation of Idaho Code Section 33-514 may be brought under this Policy 4110. iii. Pursuant to Idaho Code §33-517, for classified employees, neither the rate of pay nor the decision to terminate during the initial 180 days of employment shall be regarded as a proper grievance matter. 2. Grievance Process The following procedure is to be utilized when attempting to resolve complaints within the Bonneville Joint School District No. 93. a. Level 1: Informal i. The complainant / grievant is expected to first seek resolution by discussing the issue with the employee directly and informally unless the complaint / grievance alleges that the individual has violated any of the following policies: 1. Board Policy U-4301 Bullying, Hazing, and Harassment 2. Board Policy U-4301 Title IX: Sexual Harassment ii. Individuals are expected to make sincere attempts to resolve complaints / grievances at Level 1 before escalating the complaint to their supervisors. iii. Principals and supervisors shall have the professional discretion to determine when it is in the best interest of both parties to mediate the initial meeting to resolve the concern. 1. If an initial meeting is mediated by the principal or supervisor, then the matter will be considered at Level 2 of this policy. b. Level 2: Principal / Supervisor i. If the individual and the employee cannot resolve the complaint or grievance, the individual may submit their concern or grievance to the employee’s supervisor using Form U-4110P within ten (10) working days of the most recent attempt to resolve the concern. UNIFORM POLICIES U-4110 Page 3 of 7 Bonneville Joint School District No. 93 Public Complaints and Grievances ii. The form must be signed either physically or digitally by the complainant and should sufficiently explain the facts and circumstances supporting the allegations and also include the following information: 1. any specific policies, rules, laws, or statutes that may have been violated; 2. any witnesses or other evidence supporting the allegations; and 3. the desired resolution to the concern. iii. The complaint / grievance form must be submitted within sixty (60) calendar days of the event or incident, or from the date the complainant / grievant could reasonably become aware of the event or incident. iv. If the complaint / grievance alleges a violation of any of the following policies or laws, the principal / supervisor shall refer the complaint to the Superintendent / designee who shall assign the investigation of the complaint to the appropriate person. The investigation of the complaint or grievance and the process for resolving the complaint shall follow the procedures, rules, and laws specific to those complaints. 1. Title IX: Sexual Harassment, 2. Section 504 of the Rehabilitation Act, or 3. Individuals with Disabilities in Education Act (IDEA) 4. U-4301 Bullying, Harassment, and Intimidation, v. For all other complaints or grievances, the principal or supervisor shall investigate the complaint unless otherwise assigned by the Superintendent/designee. vi. Within five (5) working days of concluding the investigation, the principal, supervisor or individual designated by the Superintendent will hold an informal meeting with both parties to review the allegations and facilitate a discussion of the concerns be tween complainant and the employee who is the subject of the complaint / grievance. This meeting shall remain informal and focus on resolution of the complaint. vii. If it appears that a resolution cannot be reached between the complainant / grievant and the employee, the supervisor shall UNIFORM POLICIES U-4110 Page 4 of 7 Bonneville Joint School District No. 93 Public Complaints and Grievances submit a written decision on the complaint within (5) working days following the informal meeting. c. Level 3: Superintendent / Designee i. If either party is not satisfied with the principal’s/supervisor’s decision, the complaint / grievance may be advanced to the Superintendent by submitting a written request to review the principal’s/supervisor’s decision. 1. This request must be submitted to the Superintendent / designee within fifteen ten (10) working days of the principal’s/supervisor’s decision. 2. The appeal shall identify unresolved allegations and the desired resolution. ii. Upon receipt of the written request, the Superintendent/designee shall schedule a meeting between the parties and the principal/supervisor to discuss the allegations. 1. The hearing shall remain informal and focus on the resolution of the complaint. 2. All parties shall be afforded the opportunity to either dispute or concur with the principal’s/supervisor’s report. 3. All parties will be provided the opportunity to present evidence supporting their claims. iii. If a resolution cannot be reached, the Superintendent/designee shall decide the matter within five (5) working days of the meeting and shall notify the parties in writing of the decision. d. Level 4: The Board i. If the complaint is not resolved at the Superintendent/designee level, the grievance may be advanced to Level 4 by submitting a written request to the Clerk of the Board of Trustees requesting a hearing to review the principal's/supervisor's decision within ten (10) working days of notification of the Superintendent/designee’s decision. 1. The appeal shall be submitted in writing and signed by the individual or individuals registering the appeal. 2. The appeal shall identify unresolved allegations and the desired resolution to the complaint. UNIFORM POLICIES U-4110 Page 5 of 7 Bonneville Joint School District No. 93 Public Complaints and Grievances ii. The individuals or employees involved shall be advised of the nature of the appeal and shall be provided notice of an informal hearing on the appeal. iii. Upon receipt of a written appeal of the decision of the Superintendent/designee, an informal hearing will be scheduled on or before the date of the next regularly scheduled meeting of the Board unless extenuating circumstances necessitate an unavoidable delay to the following regularly scheduled meeting. 1. The Board may appoint a hearing officer to conduct the hearing if deemed necessary by the Board Chair. 2. The hearing will be held in executive session if the purpose of the appeal is to make a complaint or charge against a public officer, employee, staff member, individual agent, or student of the District unless the subject of the complaint submits a request in writing to the Board Chair to hold the meeting in public. 3. All individuals concerned may present facts, make explanations and clarify issues. Each party shall be given a complete and fair opportunity for explanation, comments, and presentation of facts as he or she understands them. 4. All times set forth may be enlarged by stipulation of the parties. iv. Upon the matter being presented to the Board of Trustees, the Board may either render a written decision or an oral decision on the matter. A written decision should be made within five (5) working days of the close of the hearing. v. The decision of the Board will be final. 3. Rights and Responsibilities a. All district employees are expected to respond to and attempt to resolve complaints promptly and equitably. b. During the investigation into a complaint, all employees, students, and third-parties are expected to provide accurate, truthful, and complete statements and responses to any question they are asked to answer. c. Employees shall not take actions to retaliate against individuals who have shared their complaints or grievances pursuant to Board Policy U-4301 Bullying, Harassment, And Intimidation. UNIFORM POLICIES U-4110 Page 6 of 7 Bonneville Joint School District No. 93 Public Complaints and Grievances d. The right of a person to prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies. e. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies, and use of this grievance procedure does not extend any filing deadline related to the pursuit of other remedies. f. The District will maintain a complete written record (Public Complaints and Grievances Response From #4110F2) of each complaint, the manner in which it was investigated, and the manner in which it was resolved. i. Such records will be maintained pursuant to Retention of District Records# 8605 unless circumstances dictate that the file should be retained for a longer period of time. ii. Written records, to the extent appropriate, will be maintained in a confidential manner in any affected employee's personnel file. Definitions Grievance A formal allegation that the Board of Trustees, or one of its employees or contracted agents have violated rights guaranteed by State or Federal constitutions, State or Federal statutes, or Board policy. Complaint A concern about a decision, practice policy, or performance of the Board of Trustees or one of its members, schools, employees or contracted agents or the condition of the District’s schools or facilities. Adopted 01-11-2006 Reviewed Revised 12-13-2006 08-10-2011 04-12-2017 03-10-2021 05-08-2024 Cross Reference: Section 504 Students #2411 Section 504 Hearing #3212 Sexual Harassment/Intimidation of Students #3290 Hazing, Harassment, Intimidation, Bullying, Cyber Bullying, Menacing #3295 Sexual Harassment/Sexual Intimidation in the Workplace #5250 Classified Employment and Assignment #5800 UNIFORM POLICIES U-4110 Page 7 of 7 Bonneville Joint School District No. 93 Uniform Grievance Procedure Legal Reference: Idaho Code § 33-517 Non-certificated personnel Idaho Code § 33-518 Employee personnel files