UINTAH SCHOOL DISTRICT POLICY ACTION REVIEW

 

 

1st Reading

6/2/09

 

New

 

2nd Reading

6/2/09

 

Revised

X

Approved

6/2/09

 

Substitute

 

 

 

 

005.0320 GRIEVANCE POLICY AND PROCEDURE

 

COMBINES, REVISES AND REPLACES POLICY 005.0320 GRIEVANCE POLICY AND PROCEDURE (LAST APPROVED ON 11/09/04)

 

1.0              GENERAL STATEMENTS

1.1              The Board of Education recognizes that each non-temporary employee has the right to clear and accepted channels of communication through which a grievance may be presented, reviewed, and equitable resolved within a specified period of time.

1.2              It is the policy of the School Board to provide each non-temporary employee the opportunity to “due process” by having his/her grievance reviewed by higher authority without fear of reprisal or recrimination as a result of having presented a grievance or having been a part in interest in the grievance procedure.

1.3              The Board understands that each non-temporary employee has the right to self-representation or is entitled to be accompanied or represented by a party(s) (such as association representative, legal council, etc.) if he/she so desires.

1.4              If a meeting to process a grievance is scheduled by the Board of Education during the normal working day, the non-temporary employee and all district participants will suffer no loss in pay.

 

2.0              DEFINITIONS

2.1              A “grievance” is a written statement of an alleged violation or misinterpretation of the terms, meaning or application of an employee’s contract, negotiated agreement, board policy or legal statute.

2.2              A “grievant” shall mean an employee or group of employees or their representative organization (association) filing a grievance.

2.3              A “temporary employee” is an individual who is employed on a temporary basis as defined by policies adopted by the Utah Board of Education. Temporary employees include:

2.3.1        Persons hired pursuant to a grant or other source of funding, which may be of uncertain or limited duration;

2.3.2        Employees hired to supervise or coach extracurricular activities (Refer to Policy 005.0530 Extracurricular Assignment and Pay);

2.3.3        Persons who are specifically notified at the time of their employment that they are classified as temporary employees;

2.3.4        All non-contracted employees.

3.0              PROCEDURES

3.1              Step 1

3.1.1        The grievant has thirty (30) calendar days following knowledge of the act or condition which is the basis of the complaint, to file in writing, a grievance with his/her immediate supervisor.  The immediate supervisor shall have five (5) working days to give a written decision to the grievant after receipt of the grievance.

3.2              Step 2

3.2.1        If the grievant is not satisfied with said decision, he/she may appeal in writing to the Superintendent. The Superintendent or his designee has ten (10) working days to give a written decision to the grievant after receipt of the appeal.

3.3              Step 3

3.3.1        If the grievant is not satisfied with the decision in step 2, he/she may appeal in writing directly to the Board of Education. The Board of Education shall hold a closed session hearing with the grievant in a timely manner but not to exceed sixty (60) calendar days following receipt of the appeal.

3.3.1.1  If both parties agree, an unbiased hearing examiner (s) may be employed to review the grievance and make a recommendation to the Board of Education. The expenses of the hearing examiner (s) shall be borne equally by the Board of Education and the grievant.

3.3.1.2  The Board of Education must make the final decision and cannot delegate this responsibility to any other agency.

 

4.0              The number of days specified in this procedure may be extended by mutual agreement between the Board of Education or its representative and the grievant.

 

5.0              Nothing in this procedure shall be construed to limit the right of the Board of Education or the grievant to appeal to an appropriate court of law.