The Board recognizes situations may arise in the operation of the District which are of concern to employees. Employees shall make any complaints in a constructive and professional manner. Complaints should be presented only to proper authority, who is the supervisor of the activity or function, the principal, or the superintendent. Employees shall be prudent and cautious in making any complaints in the presence of other employees, students, volunteers, or members of the public.
Complaints of employees against fellow employees should be discussed directly between employees. If necessary, complaints will be brought directly to the immediate supervisor, principal or superintendent. If an employee has a complaint regarding another employee or regarding an administrator/supervisor decision, the Board may become involved if the matter is not resolved after discussions with the employee and/or the supervisor.
The following conditions and procedures shall be followed for an employee, or group of employees, to submit a complaint to the Board:
A. Prior to submitting a request to the Board, the employee(s) requesting further consideration shall consult formally and/or informally with the employee or the supervisor making the decision, that employee’s/supervisor’s supervisor, etc., up through the administrative line of authority to, and including, the superintendent. For an appeal to the superintendent and beyond to receive full consideration, the employee must submit a written complaint to the superintendent within 20 working days of the date the employee knew, or should have known, of the action subject to the complaint.
B. The written complaint to the superintendent must include:
- A clear, concise statement of the conduct or administrative decision that is being appealed.
- The reasons why the prior decisions are considered to be unreasonable.
- Additionally, in the case of an appeal of an administrative decision, the reasons why the decision is considered to be:
A. beyond the administration’s scope of authority and responsibility, and/or
B. is unreasonable, and/or
C. the specific policy, regulation or rule shall be cited (if there is an allegation of a violation or misapplication of the written policies, regulations and rules of the District). - A statement that assures that the employee has appropriately consulted with each administrator in the line of authority, up to the superintendent.
- In all cases, the remedy being sought shall be written.
- Signature(s). The appeal is available to either an individual employee or more than one employee. If more than one employee wishes to appeal, the names of each employee requesting the appeal shall appear on the written request. Appeals will not be considered if only a group(s) is referenced.
C. The superintendent will issue a response. If the superintendent fails to respond within 15 working days of receiving the complaint, or if the employee(s) remain dissatisfied after receiving the response, the employee may, within 10 working days, request the Board of Education reconsider the prior administrative conclusions by submitting a request in writing to the President of the Board of Education. The written request for Board reconsideration must contain all the elements as required for the appeal to the superintendent as listed above, and the request must also verify that the superintendent has also been involved in the appeal process. A copy of the request for reconsideration by the Board shall be provided to the superintendent of schools.
D. Upon receiving a request for the Board to consider an appeal of employee conduct and/or an administrative decision from a school employee (referred here-after as the “request”), the Board President may appoint two members of the Board of Education (referred here-after as the “Board Investigators”) to investigate the request and make recommendations to the Board of Education as to how to process the complaint.
In the course of their investigation, the Board Investigators may review appropriate documents and may meet with the employees seeking the appeal, the administrators involved in the decision, and any other persons they deem appropriate. They may meet the parties together or separately.
E. Upon the conclusion of their preliminary investigation, the Board Investigators may advise any appropriate action, including but not limited to, a hearing before the entire Board, a hearing before the Board Investigators, a written decision by the Board absent a hearing, and/or taking no action and letting the decision of the superintendent stand.
F. The Board of Education is not obligated to hear any appeal. In any hearing before the Board Investigators or the entire Board, the burden of proof shall rest with the employee making the request for a hearing
G. Following any hearing before the Board Investigators or the entire Board, the Board Investigators or the entire Board shall communicate their finding and decision to the other members of the Board of Education, to the employee(s) requesting the appeal, and to the administrators involved in the decision.
(June 9, 1980; August 18, 1986; November 20, 1995; March 21, 2011; June 18, 2012; January 15, 2015; June 10, 2019)