Revised: 9/14/05 (Approved)
The South Sanpete Board of Education recognizes that an administrative procedure is necessary to resolve misunderstandings that may develop within schools and the District. This policy shall provide to all employees, teachers, students, parents, and associations an equitable process in determining a solution for alleged violations, misinterpretations or inequitable applications of school or District policies or practices relative to provisions of Federal anti-discrimination legislation within a specified period of time.
1. Grievance: This is a written statement of an alleged violation or misinterpretation of the terms, meaning, or application of an employee's contract; negotiated agreement; school, District, or Board decision or policy; or legal statute. The written complaint shall contain the following:
A. setting forth the allegation that there has been a violation, misinterpretation, or inequitable application of one of the items mentioned in the grievance definition;
B. identifying specifically the policy or statue violated, misinterpreted, or inequitably applied; and
C. furnishing sufficient background information concerning the alleged violation, misinterpretation, or inequitable application to identify persons, actions, and/or omissions that led to the allegation.
2. Grievant: A grievant may be any student, teacher, parent, employee or group of employees or their representative organization (association) filing a grievance.
3. Days: This shall mean consecutive days excluding weekend and legal holidays.
1. It is the policy of the District to provide each grievant the right to a clear, accepted channel of communication through which a grievance may be presented, reviewed, and equitably resolved within a specified period of time.
2. Each employee shall be entitled to "due process" by having his/her grievance reviewed by higher authority without fear of reprisal or recrimination as a result of having presented a grievance or having been a party in interest in the grievance procedure.
3. Each employee has the right to self-representation or is entitled to be accompanied or represented by a party (such as association representative, legal counsel, etc.) if the grievant so desires.
4. The grievance procedure shall be kept confidential and all documents, communication and records relating thereto will be maintained in a separate grievance file.
5. If a meeting to process a grievance is scheduled by the Board during the normal working day, all District participants will suffer no loss in pay.
6. The number of days specified in this procedure may be extended by mutual agreement between the Board or its representative and the grievant.
7. Nothing in this procedure shall be construed to limit the right of the Board or the grievant to appeal to an appropriate court of law.
The purpose of the grievance process is to resolve, at the lowest possible administrative level, (preferably between the grievant and the supervisor involved) an equitable solution to grievances which may from time to time arise. It is the desire of the District to resolve most of these issues through communication at an informal meeting of the parties involved; however, if no resolution can be reached through the informal meeting process then the steps listed below shall be followed.
1. Within thirty (30) days, and no later, following knowledge of the circumstance(s) which is the basis of the grievance, the grievant must file in writing a grievance with the school principal, or immediate District supervisor. This written document shall contain the information outlined in the definition of grievance.
Upon receiving this document, the school principal or immediate District Supervisor shall have five (5) days to give a written decision to the grievant after receipt of the grievance.
2. The grievant, if not satisfied with principal's or District supervisor's written decision, may appeal in writing to the Superintendent within ten (10) days. Then Superintendent or said designee has ten (10) days to give a written decision to the grievant after receipt of his/her appeal.
3. The grievant, if not satisfied with the Superintendent's decision, may appeal in writing to the South Sanpete Board of Education within ten (10) days. The Board shall then hold a closed session with the grievant within sixty (60) days following receipt of the appeal. The Board may decide to render a decision or it may recommend that an unbiased hearing examiner(s) review the grievance before rendering a decision.
If both parties agree, an unbiased hearing examiner(s) may be employed by both parties to review the grievance and make a recommendation to the Board and the grievant. The Board and the grievant shall share equally in the cost of the hearing examiner(s).
The Board shall then review the recommendation of the hearing examiner(s) and make a final decision concerning the grievance. The Board cannot delegate this responsibility.
1. In the event that the grievance remains unresolved at the conclusion of this grievance procedure, the grievant is free to pursue such litigation or statutory remedy as the law may provide.
2. Confidentiality will be observed pending resolution of the grievance or final decision by the Board.
3. Nothing contained herein shall be construed so as to limit in any way the ability of the District and the grievant to resolve any grievance mutually and informally.
4. These grievance procedures will not be required to be followed if other statutory procedures are available.