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POLICY NUMBER:
420.8

ADOPTED: 
6.12.2007 (NEG)

RESCINDS: 
GBKA

ADOPTED:
6.12.2007

Board Policy

  1. The Board of Education recognizes the need to establish a grievance procedure for Educational Support Professional (ESP) personnel employees.
  2. The Board authorizes the Superintendent and District Administration to establish administrative regulations consistent with this policy.

ADMINISTRATIVE REGULATION:
420.8-1

APPROVED: 
6.12.2007

Definitions - 420.8-1

  1. Grievance – A 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.
  2. Grievant – Any Educational Support Professional (ESP) or group of ESP employees aggrieved by a decision or condition falling under District policy, or state or federal law.
  3. Chief Civil Rights Officer – The District employee or employees designated to review alleged grievances.

ADMINISTRATIVE REGULATION:
420.8-2

APPROVED: 
6.12.2007

Grievance Procedure - 420.8-2

  1. Step (1) One:
    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.
  2. Step (2) Two:
    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 Chief Civil Rights Officer, the appropriate Director, the Director of Human Resources or his/her designee, and the President of the employee agent group.
      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 District’s Human Resources Department. 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.
      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 Chief Civil Rights Officer, the appropriate Director, the Director of Human Resources or his/her designee, and to the President of the employee agent group.
  3. Step (3) Three:
    1. If the immediate supervisor’s response (decision) at Step 2 does not resolve the problem, the grievant or his/her designee shall forward the grievance to the Chief Civil Rights Officer to initiate Step 3.
    2. The Chief Civil Rights 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 2.
    3. At the conclusion of the investigation, the Chief Civil Rights 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 accept the recommendations of the Chief Civil Rights Officer.
    5. If no written report has been issued within the time limits set forth in “3.3” above, or if the grievant or District shall reject the recommendations of the Chief Civil Rights Officer, the grievant or the District shall have the right to appeal to the Board of Education for review of the grievance at Step 4.
  4. Step (4) Four:
    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 Chief Civil Rights Officer’ report or the expiration of the time limits set forth in Step 3.
    2. The Board of Education shall review the grievance and the Chief Civil Rights Officer’ report. (An additional hearing shall not be held.)
    3. The Board of Education may affirm the Chief Civil Rights Officer’ 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 21 working 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 “4.4” 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 remedy as the law may provide.

ADMINISTRATIVE REGULATION:
420.9-2

APPROVED: 
6.12.2007

Miscellaneous Provisions - 420.9-2

  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 modification(s).  The Chief Civil Rights Officer will issue a letter of understanding to the parties 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 Chief Civil Rights Officer.  The records will be kept in a separate and confidential file as required by District Policy—300.2—Access to Public Records and Retention. Information regarding grievances will be classified as private.

Exhibits

None

References

None

Forms

None

This online presentation is an electronic representation of the Canyons School District’s currently adopted policy manual. It does not reflect updating activities in progress. The official, authoritative manual is available for inspection in the office of the Superintendent located at 9361 South 300 East Sandy, UT 84070.

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