Revision: 4-16-08, 3-14-18 combines policy GBA-2
The South Sanpete Board of Education recognizes that an administrative procedure is necessary to resolve misunderstandings that may develop within schools and the District. The Board designates the Superintendent to represent them in the following grievance procedures. This Policy shall provide to all employees, teachers, students, parents, and associations an equitable process in determining a solution for alleged violations, misinterpretations, abusive conduct, or inequitable applications of school or District policies or practices relative to provisions of Federal anti-discrimination legislation within a specified period of time.
- A complaint must specify the actual behavior believed to have violated a policy or practice.,
- Grievance: A grievance under this policy shall include:
- Grievances concerning an employee’s wages, hours, or conditions of work or other adverse employment action decisions affecting an employee
- Specific allegations of discrimination in employment on the basis of sex (including allegations of sexual harassment), race, religion, national origin, age, or disability or on the basis of the employee’s exercise of constitutional rights
- Alleged violations of State Board rules or of policies adopted by the Board
- Alleged violations of a constitutional, statutory, or common law right
- Aggrieved Party
- An aggrieved party is an individual who alleges a violation of a constitutional, statutory, or common law right, or of a State Board rule or local Board policy. An individual who files a grievance is not necessarily an “aggrieved party.” Different procedures may apply to “aggrieved parties” than to “complainants”. Those distinctions shall be determined on a case-by-case basis.
- Complainant: A person who files a charge or makes the complaint.
The purpose of this Policy is to provide individuals an orderly process for the prompt and equitable resolution of grievances. The Board intends that, whenever feasible, complaints be resolved at the lowest possible administrative levell
- Redress of Grievances
Employees shall have the right, in a peaceable manner that does not interfere with education in the District, to assemble together for their common goals and apply to those vested with the powers of government for redress of grievances or other purposes, by petition, address, or protest.
Teachers may present grievances regarding the evaluation process and shall receive a written response from the evaluator. Grievances involving solely the content of evaluations shall be concluded at the Superintendent level. The employee may present a concern involving the content of evaluations to the Board, but the Board shall not substitute its judgment on particular ratings for the professional judgment of a trained evaluator. Utah Code Ann. § 53A-10-110 (1) and (2)
Right to Representation
An individual or where appropriate a group of individuals, may present a grievance through another person or organization recognized by the Board regarding any adverse employment action or administrative action decision negatively affecting the employee.
Freedom from Retaliation
No retaliatory action shall be taken by the Board or any administrator against an employee or other participant in a grievance proceeding because of participation in the grievance procedure.
An individual’s opportunity to present a grievance is satisfied when someone in a position of authority hears the individual’s concern; however, that authority is under no legal compulsion to take action to rectify the matter.
The Board shall provide an opportunity for individuals to present their grievances for consideration. Grievances may be reviewed at the administrative level by a Superintendent or school principal or the Board may exercise its discretion to hear a grievance at a regular meeting in executive session or at such other times as the Board may determine.
Notice to Employees
Principals of each school shall be responsible for informing all employees under their supervision of the District’s grievance policy.
Presentations and Proceedings
In most circumstances, complainants shall be entitled to administrative review conferences and an informal presentation of the complaint to the Superintendent; however, this provision shall not be construed to create an independent right to a conference before the Board in addition to any proceeding required by law. Aggrieved parties who allege they are entitled to some type of due process proceedings shall be offered a conference before the Superintendent or a designee. Upon receipt of the written request for a conference the Superintendent shall determine whether an aggrieved party is entitled to more than a presentation and, if so, the type of appropriate proceeding.
An individual aggrieved by a violation of a constitutional, statutory, or common law right, a rule adopted by the State Board of Education, or a policy adopted by the Board shall be afforded a proceeding before the Superintendent. However, this provision shall not be construed to create an independent right to a proceeding before the Board in addition to any proceeding required by law.
The aggrieved party shall make a written request for a proceeding, identifying specifically the claimed violation and the relief requested. The written request shall be deemed filed upon receipt by the Superintendent’s office. The request shall be filed with the Superintendent’s office not more than 30 calendar days after the claimed violation.
Opportunity to be Heard
The school principal or designee shall conduct a conference within 30 days of receipt of a written request. However, this proceeding may be postponed by mutual consent. The principal or designee shall notify the aggrieved party in writing of the time and place of the proceeding. The Superintendent shall notify the aggrieved party of its decision in writing within 15 days after the proceeding.
Other Review Processes
Employee termination and non-renewal procedures are found in Policy GCPDA and are not subject to the procedures set forth in this section.
The aggrieved party registering a complaint or any employee who is the subject of a complaint may be represented at his or her own expense by a fellow employee, attorney, other person, or organization. The District may be assisted in processing complaints as it deems appropriate.
The following shall be general provisions for processing grievances:
A. Grievances may be heard in informal administrative conferences.
B. Time is of the essence. The District will endeavor to comply with all time limits, except if extended by mutual consent. All references are to calendar days, unless otherwise indicated.
C. The appropriate administrator at each level shall respond to the aggrieved party within seven working days of a grievance conference. Oral grievances may receive an oral or written response,
and written grievances shall receive a written response.
E. The aggrieved party has seven working days after a response to appeal to the next level. The grievance shall be considered concluded if at any level it is not appealed within the given time limit.
- All grievances arising out of an event or condition or related series of events must be addressed in one grievance. An aggrieved party may not bring separate or serial grievances concerning events or conditions about which the party has previously complained.
If the aggrieved party is not satisfied with the outcome of a grievance conference at the school level the aggrieved party may meet with the Superintendent or a designee to discuss the grievance within seven working days after receiving the response.
At or prior to the conference with the Superintendent or designee, the aggrieved party shall submit a written description of the basis of the grievance, the date(s) it occurred, the remedy sought, and the date the aggrieved party conferred with the Principal or immediate supervisor.
Once the Superintendent or designee, with the direction of the School Board, has issued a written decision, no other avenue of redress is available within the District.