4.500 Employee Contract and Grievences

    EMPLOYMENT-RELATED COMPLAINTS AND GRIEVANCES
    The board believes that differences of opinions arising in the course of employment should be resolved as quickly as possible and at the lowest level. In instances of questions by an individual staff member concerning the interpretation of policies and procedures to that staff member, administrative practices within his particular school, and relationships with other employees, the staff member concerned must consult the administrative  or supervisory personnel to whom he is responsible. If a satisfactory resolution of the problem cannot be reached after ample opportunity for consideration of the  matter, the staff member concerned may discuss the matter with the next level of supervision, up to and including the director of schools. In instances where an individual staff member feels that for personal reasons he/she cannot discuss a problem with his immediate superior, he may take the problem directly to the director of schools. After review of the case, the superintendent shall take action as deemed appropriate and, within a prompt, reasonable time, shall notify all parties concerned of the decision.

    HARASSMENT/DISCRIMINATION GRIEVANCES
    Employees should notify any district complaint manager if they believe the board, its employees, or agents have violated their rights guaranteed by the state or federal constitution, state or federal statute, or board policy including: 1,3,4

        1. Title II of the Americans with Disabilities Act 2
        2. Title IX of the Education Amendments of 1972 7
        3. Section 504 of the Rehabilitation Act of 1973 5
        4.  Claims of sexual harassment under Title VII of the Civil Rights Act of 1964 and
            Title IX of the Education Amendments of 1972 6,7

    The complaint manager shall endeavor to respond and resolve complaints without resorting to this grievance procedure and, if a complaint is filed, to address the complaint promptly and equitably. The right of a person to prompt and equitable resolution of the complaint shall be impaired by the person’s pursuit of other remedies. Use of this grievance procedure is not prerequisite to the pursuit of other remedies, and use of this grievance procedure does not extend any filing deadline related to the pursuit of other remedies.

    Filing a Complaint. An employee who wishes to avail himself of this grievance procedure may do so by filing a complaint with any district complaint manager. The employee may request a complaint manager of the same sex. The complaint manager may assist the employee in filing a grievance.    

    Investigation. The complaint manager shall investigate the complaint or appoint a qualified person to undertake the investigation on his behalf. The complaint and identity of the complainant shall not be disclosed except as required by law or this policy, as necessary to fully investigate the complaint, or as authorized by the complainant. The complaint manager shall file a written report, within 10 days of the filing of the grievance, of his or her findings with the superintendent. If a complaint of sexual harassment contains allegations involving the superintendent, the written report shall be filed with the board. The superintendent shall keep the board informed of all complaints.

    Decision and Appeal. The superintendent shall render a written decision within five days of receipt of the complaint manager’s report, which shall be provided to the employee. If the employee is not satisfied with the decision, the employee may appeal the decision to the board by making a written request to the complaint manager. The complaint manager shall be responsible for promptly forwarding to the board all materials relative to the complaint and appeal. The board shall, within 30 days from the date the appeal was received, review the report and affirm, overrule, or modify the decision and render a written finding, which shall be provided to the complainant. This grievance procedure shall not be construed to create an independent right to a board hearing. 

    APPOINTED COMPLAINT MANAGERS 
    The superintendent shall appoint at least two complaint managers, one of each gender.  Current complaint managers are as follows: 

    Director of Human Resources
    Director of Accreditation and Academic Excellence


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    Legal References: Cross References: 1. Age Discrimination Employment Act, 29 U.S.C. § 621 et seq. Appeals To and Appearances Before the Board 1.404 2. Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. Section 504 & ADA Grievance Procedures 1.802 3. Equal Pay Act, 29 U.S.C. § 206(d) Equal Opportunity Employment 5.104 4. Immigration Reform and Control Act, 8 U.S.C. § 1324a et seq. Discrimination/Harassment of Employees 5.500 5. Rehabilitation Act, 29 U.S.C. § 791 et seq. 6. Title VII of Civil Rights Act, 42 U.S.C. § 2000e et seq. 7. Title IX of the Education Amendments, 20 U.S.C. § 1681 et seq. 



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