Policy 4120 - Uniform Grievance Procedure

Uniform Grievance Procedure
It is the Board of Director’s desire that administrative procedures for settling complaints and grievances of any and all persons (i.e., staff, students, patrons, hereinafter “grievant”) be an orderly process within which solutions may be pursued. Further, it is the intent of the Board that the procedure provide prompt and equitable resolution at the lowest possible administrative level. Additionally, it is the Board’s desire that each grievant be assured an opportunity for orderly presentation and review of complaints without fear of reprisal.

Grievance Procedure
This grievance procedure should be followed if a grievant believes that the Board, its employees or agents have violated the grievant’s rights guaranteed by the State or federal constitutions, State or federal statutes, or Board policy.

The Charter School will endeavor to respond to and resolve complaints without resorting to this grievance procedure and, if a complaint is filed, to address the complaint promptly and equitably. 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. 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.

Grievances will be processed according to the step-by-step process outlined below. However, if 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.

Level 1: Informal
A grievant with a complaint is encouraged to first discuss it with the teacher, counselor, or administrator involved, with the objective of resolving the matter promptly and informally. An exception is that complaints of sexual harassment should be discussed with the first line administrator that is not involved in the alleged harassment.

Level 2: Executive Director
If the complaint is not resolved at Level 1, the grievant may file a written grievance stating the nature of the grievance and the remedy requested. It must be signed and dated by the grievant. The Level 2 written grievance must be filed with the Executive Director within 60 days of the event or incident, or from the date the grievant could reasonably become aware of such occurrence.

If the complaint alleges a violation of Board policy or procedure, the Executive Director shall investigate and attempt to resolve the complaint within 30 school business days. If either party is not satisfied with the Executive Director’s decision, the grievance may be advanced to Level 3 by requesting in writing that the Board review the Executive Director’s decision. This request must be submitted to the Board within 15 days of the Executive Director’s decision.

If the complaint alleges a violation of Title IX, Title II, Section 504, of the Rehabilitation Act, or sexual harassment, the Executive Director shall turn the complaint over to the Nondiscrimination Coordinator who shall investigate the complaint. The Charter School has appointed Nondiscrimination Coordinators to assist in the handling of discrimination complaints. The Coordinator will complete the investigation and file the report with the Executive Director within 30 school business days after receipt of the written grievance. The Coordinator may hire an outside investigator if necessary. If the Executive Director agrees with the recommendation of the Coordinator, the recommendation will be implemented. If the Executive Director rejects the recommendation of the Coordinator, and/or either party is not satisfied with the recommendations from Level 2, either party may make a written appeal within 15 days of receiving the report of the Coordinator to the Board for a hearing.

Level 3: The Board
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. 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.

 

 

Policy History:
Adopted on: 5/17/2021
Revised on:
Reviewed on: