Definitions
- Grievant shall mean an employee who alleges that s/he has been discriminated against based on membership in a protected class.
- Grievance shall mean any alleged violation of any Civil Rights Statutes or Regulation.
- Compliance Officer shall mean the employee designated by the Board of Education to coordinate efforts to comply with and carry out responsibilities under any Civil Rights Statutes.
- Representative shall mean any person designated by the grievant as his/her counsel or to act in his/her behalf.
This regulation and accompanying policy (9520) provide grievance procedures for those employees not covered by collective bargaining agreements or whose negotiated agreements do not include grievance procedures. The resolution of staff complaints alleging any action alleging discrimination and/or harassment based on one’s membership in a protected category shall be dealt with in the following manner:
Stages
A. Stage I–Compliance Officer
- Within 30 days after the events giving rise to the grievance, the grievant shall file a grievance in writing with the Compliance Officer. The Compliance Officer may informally discuss the grievance with the grievant. He/She shall promptly investigate the complaint. All employees of the school district shall cooperate with the Compliance Officer in such investigation.
- Within 30 days of the receipt of the grievance, the Compliance Officer shall make a finding in writing that there has or has not been discrimination or harassment based on one’s membership in a protected category. In the event the Compliance Officer finds that there has been a violation, he/she shall propose a resolution of the complaint.
- If the grievant is not satisfied with the finding of the Compliance Officer, or with the proposed resolution of the grievance, the grievant may, within 30 days after he/she has received the report of the Compliance Officer, file a written request for review by the Superintendent.
B. Stage II–Superintendent of Schools
- The Superintendent may request that the grievant, the Compliance Officer, or any member of the school district staff present a written statement to him/her setting forth any information that such person has relative to the grievance and the facts surrounding it.
- The Superintendent shall notify all parties concerned as to the time and place when an informal hearing will be held where such parties may appear and present oral and written statements supplementing their position in the case. Such hearing shall be held within 30 school days of the receipt of the appeal by the Superintendent.
- Within 30 days of the hearing, the Superintendent shall render his/her determination in writing. Such determination shall include a finding that there has or has not been discrimination or harassment based on one’s membership in a protected category and a proposal for equitably resolving the complaint.
- If the grievant is not satisfied with the determination of the Superintendent, the grievant may, within 30 days after its receipt, file with the Clerk of the Board of Education, a written request for review by the Board.
C. Stage III–Board of Education
- When a request for review by the Board has been made, the Superintendent shall submit all written statements and other materials concerning the case to the President of the Board.
- The Board shall notify all parties concerned of the time and place when a hearing will be held. Such hearing will be held within 30 school days of the receipt of the request of the grievant. All parties concerned shall have the right to present further statements and testimony at such hearing.
- The Board shall render a decision in writing within 30 days after the hearing has been concluded.
Adoption date: May 27, 1997
Revised: July 12, 2010
Reviewed: November 27, 2017