VII-06: Public Complaints

North Sanpete School District
Statement of.............

Board Policy with Guidelines

Policy Number:  VII-6
Effective Date:  12/16/1982
Revised Date:  03/17/2015
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Subject:  Public Complaints

Presentation in Hearings Procedure
In most circumstances, citizens shall be entitled to administrative conferences and informal presentations of the complaint to the Board.  Citizen complaints shall be handled as follows:

  1. Complaints shall initially be discussed with the appropriate administrator within 15 calendar days of the event or action that is the subject of the complaint.
  2. If the complaint is not resolved, the citizen may request a conference with the Superintendent or Superintendent's designee. Prior to the conference with the Superintendent or designee, the citizen shall submit a written complaint that includes a description of the complaint, the solution sought, and the date of the conference(s) with the administrator.
  3. If the outcome of the conference with the Superintendent or designee is not to the citizen's satisfaction, the citizen may present the complaint to the Board at the next regular meeting.

The Board shall designate a portion of its regular monthly meeting to hear citizen input. The Board may set reasonable time limits on public presentations. The Board shall listen, but is not required to respond or take action on the matter unless the complaint is from an aggrieved party, as defined below.

Aggrieved Parties
An "aggrieved party" is a citizen who has allegedly suffered a violation of a constitutional, statutory, or common law right, or a violation of a rule adopted by the State Board of Education or public complaint policy adopted by the Board.

Notice
An aggrieved citizen shall make a written request for a hearing, identifying specifically the claimed violation and the relief requested. The written request shall be deemed filed upon receipt by the Superintendent's office. Failure of the citizen to file such a request within 30 days of the claimed violation shall be deemed a waiver by the citizen of his or her rights to contest the alleged violation.

The Hearing
Aggrieved parties shall, upon proper request, be afforded a hearing before the Board in accordance with applicable law. However, this provision shall not be construed to create an independent right to a hearing before the Board in addition to hearings required by law. The Board shall conduct a hearing for aggrieved parties within 30 days of receipt of a written request for a Board hearing, unless the hearing is postponed by mutual consent. The Board shall notify the aggrieved citizen in writing of the time and place of the hearing.

Executive Session
If the complaint involves complaints or charges about an employee of the school district, the complaint shall be heard by the Board in a closed executive session unless the employee allegedly involved in the complaint requests a public meeting to review the complaint. Utah Code Ann. ยง 52-4-205(1)(a) (2014)

Notice of Decision
The Board shall notify the aggrieved citizen of its decision in writing within 15 days after the hearing.

Exceptions
Complaints for which other resolution procedures are provided shall be directed through those channels.

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