Policy 5250 - Certified Staff Grievances

Certificated Staff Grievances
It is the Board’s desire that procedures for settling certificated staff grievances be an orderly process within which solutions may be pursued. Further, that the procedures provide prompt and equitable resolution at the lowest possible administrative level. Additionally, it is the Board’s desire that each certificated employee be assured an opportunity for orderly presentation and review of grievances without fear of reprisal.

Grievance Definition
A grievance pursuant to this policy shall be a written allegation of a violation of written Board approved RISE Charter School policy.

Grievance Procedure
A staff member with a grievance is encouraged to first discuss it with their immediate supervisor, with the objective of resolving the matter promptly and informally. An exception is that complaints of sexual harassment should be addressed according to Policy 3085 and Procedure 3085P, and violation of any other protected status should be discussed with the first line administrator that is not involved in the alleged grievance. This attempt at informal resolution is not a required component of the grievance policy but is suggested in an effort to attempt to resolve disputes informally.

If the grievance is not resolved informally, and the grievant wishes to continue to seek to address the grievance, the grievant shall file the written grievance with their immediate building principal. The written grievance shall state:
1. The policy employee believes was violated;
2. The alleged date of violation;
3. The actor involved in the alleged violation; and
4. The remedy requested by the employee.

The written grievance must be filed with the Executive Director within ten working days of the date of the initial event allegedly giving rise to the grievance.

The Executive Director or his or her designee shall meet with the grievant and shall, at the discretion of the Executive Director or designee, seek whatever additional documentation the Executive Director deems appropriate, and conduct whatever additional meetings or investigative activities the Executive Director or designee believes are necessary to address the grievance.

Subsequent to these activities and within a period of ten working days, the Executive Director shall provide the grievant with a written response to the grievance of the certificated employee. If the grievant is not satisfied with the decision of the Executive Director, the Board is the next avenue for appeal. A written appeal must be submitted to the Board within five days of receiving the Executive Director’s decision. The Board is the policy-making body of the RISE Charter School, however, and appeals to that level must be based solely on whether or not policy has been followed. Any individual appealing a decision of the Executive Director to the Board bears the burden of proving a failure to follow Board policy.

Upon receipt of a written appeal of the decision of the Executive Director, and assuming the individual alleges a failure to follow Board policy, the matter shall be placed on the agenda of the Board for consideration not later than their next regularly scheduled meeting so long as received more than three days in advance of such meeting. If such is received within three days of such meeting, the Board may schedule a Special Meeting of the Board or alternatively such matter may be placed on the agenda for the next subsequently following Board Meeting. A decision shall be made and reported in writing to all parties within 30 days of that meeting. The decision of the Board will be final.

Grievances will be processed according to the step-by-step process outlined in the Uniform Grievance Procedure 4120, however, in the case where a person designated to hear a grievance is the subject of the grievance, the grievance process will begin at the next highest step and the process shall be modified as needed to meet the objectives of the Grievance Procedure. If a grievance is directly based on official Board action, the grievance shall be directed to the Clerk of the Board. The grievance may be heard by the Board at the sole discretion of the Board.

 

 

Cross Reference:
3085 Sexual Harassment, Discrimination and Retaliation Policy
3085P Title IX Sexual Harassment Grievance Procedure, Requirements and Definitions

 

Policy History:
Adopted on: July 12, 2021
Revised on:
Reviewed on: