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

Board Policy With Guidelines

Policy Number:  IV-73
Effective Date:  11/08/2005
Revised Date:
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Subject:  Grievance Procedure-Classified   

BOARD POLICY
It is the policy of the North Sanpete School district to provide prompt, informal administrative resolution to ensure the protection of due process rights.  The intent of this policy is to provide a concise and orderly means of resolving grievances.

PROCEDURES

Definitions
Grievance - a formal written complaint which:

  1. sets forth the allegation that there has been a violation of any District policy, or state or federal law,
  2. specifically identifies the policy or statute violated, misinterpreted, or inequitably applies,
  3. furnishes sufficient background concerning the alleged violation, misinterpretation, or inequitable application to identify persons, actions, and/or omissions that led to the allegation.

Grievant - any classified or group of classified employees aggrieve by a decision or condition falling under District policy, or state or federal law.

District Grievance Officer - the District employee designated to review alleged grievances:

  1. In matters dealing with civil rights, or discrimination the employee designated to coordinate compliance efforts will be: Superintendent of Schools, North Sanpete School District, 220 E. 700 S., Mt. Pleasant, UT 84647, 435-462-2485.

If the matters dealing with civil rights or discrimination involves the Superintendent of Schools, the President of the School Board will function as the Grievance Officer.

  1. In all other matters the problems will be dealt with first at the level where it originated with appeals following the District Organizational Chart and the time frame established in Step I below shall apply at each level of appeal.

The following actions are not "grievable" under this policy:

  1. Termination of temporary employees.
  2. Actions grieved after resignation or voluntary request.
  3. Hiring decisions.
  4. A disciplinary action which does not include termination of a career employee, a suspension with loss of pay, nor a transfer or change of assignment, which results in an accompanying reduction in pay.

Step I

  1. Any employee alleging a grievance is encouraged to resolve the problem, if possible, through an informal discussion with the immediate supervisor (Step I). This discussion is included in the 20 working day window for filing a grievance.

Step II

  1. In the event that the informal discussion does not resolve the problem, an employee (grievant) or his/her designated representative may prepare and file a completed grievance form with his/her immediate supervisor. The grievant or his/her representative shall furnish sufficient background information concerning the alleged violation, which identifies date(s), time(s), person(s), the actions that led to the grievance, and the District policy, or state or federal law that was violated.
  2. A copy of the grievance will be immediately forwarded by the immediate supervisor to the appropriate person under "District Grievance Officer" as defined above supervisor to the appropriate person under "District Grievance Officer" as defined above.
    1. The grievance must be filed within twenty (20) working days of the date the grievant knew, or should have known, of the circumstances which precipitated the grievance. Grievance forms are available in the North Sanpete School District Offices.  A grievance will be denied, if the grievant, or his/her designated representative, does not file a grievance that sets forth an allegation that there has been a violation of a District policy, or state or federal law and specifically identifies the policy or statute violated policy, or state or federal law specifically identifies the policy or statute violated.
    2. The immediate supervisor to the grievant, or his/her representative, shall respond in writing, within five (5) working days following receipt of the grievance. A copy of the response will be forwarded to the appropriate District Grievance Officer.

Step III

  1. If the immediate supervisor's response (decision) at Step II does not resolve the problem, the grievant or his/her designee shall forward the grievance to the district Grievance Officer to initiate Step III.
  2. The grievance officer shall investigate the complaint with the parties concerned in the grievance within fifteen (15) working days of the grievance having been filed at Step II.
  3. At the conclusion of the investigation, the grievance officer shall render a decision and issue a written report setting forth his/her findings and recommendations for the resolution of the grievance within five (5) working days.
  4. The grievance shall be considered resolved if the grievant and the District accepts the recommendations of the grievance officer.
  5. If no written report has been issued within the time limits set forth in "3" above, or if the grievant or District shall reject the recommendations of the grievance officer, the grievant or the District shall have the right to appeal to the Board of Education for review of the grievance at Step IV.

Step IV

  1. A written request for Board of Education review of the grievance must be submitted to the superintendent within 10 days of the date of the grievance officer's report or the expiration of the time limits set forth in Step III.
  2. The Board of Education shall review the grievance and the grievance officer's report. (An additional hearing shall not be held.)
  3. The Board of Education may affirm the grievance officer's recommendations, amend the recommendations, or affirm the recommendations in part and amend in part.
  4. The Board of Education's written decision shall be issued within 21working days of receipt of the grievant's written appeal by the superintendent.
  5. If no written decision has been issued within the time limit set forth in "4" above or if the grievant shall reject the decision of the Board of Education, the grievant shall be free to pursue such litigation or statutory as the law may provide. 

MISCELLANEOUS PROVISIONS

  1. The employee will be informed that the time limits set forth in this policy may be modified or extended if mutually agreed by the employee, or his/her designated representative and the district. If either party wishes to change the timeline set forth in this policy, the party will request the modification(s) from the other party and both parties will be required to agree to the modifications(s).  The grievance officer will issue a letter of understanding to the parities outlining the modified timeline.
  2. No person shall suffer recrimination or discrimination because of participation in this grievance procedure.
  3. Employees shall be free to testify regarding any grievance filed hereunder.
  4. Confidentiality will be observed pending resolution of the grievance.
  5. The grievant may be accompanied by a representative of his/her choice in all stages of these proceedings.
  6. Records of all grievances will be maintained by the District grievance officer. The records will be kept in a separate and Confidential file and will be classified as private.