The purpose of this grievance policy is to provide a procedure by which employees and others may present for administrative resolution, disputes regarding interpretation or application of District policies and procedures.
2.1. It is the policy of the Washington County School District to provide prompt, informal administrative resolution (at the lowest possible supervisory level) to ensure the protection of due process rights. The intent of this policy is to provide a concise and orderly means of resolving grievances.2.2. The following actions are not "grievable" under this policy:
- Complaints regarding disciplinary actions, termination of probationary or provisional employees, and non-renewal of contract (These matters appealed as outlined in District Policy 1450.)
- Complaints regarding Educator Evaluations or performance reviews (These matters appealed as outlined in District Policy 1432.)
- Complaints regarding alleged sexual harassment violations (These matters appealed as outlined in District Policy 1420.)
- Termination of temporary employees.
- Job classification and compensation issues.
- Actions grieved after resignation or voluntary request.
- Hiring decisions.
- Any matter where an employee alleges discrimination or other civil rights violations must be grieved following the procedures outlined in District Policy 1710.
2.3. A grievance must be filed within ninety (90) calendar days of the date the employee knew or should have known of the actions giving rise to the grievance.
3.1. Informal Procedure:3.1.1. Step 1:The employee alleging a grievance shall first discuss the complaint with the school principal and/or supervisor with the objective of resolving the matter. Proceedings shall be informal and confidential.
3.1.2. Step 2 (If necessary):
If following the discussion with the principal and/or supervisor the matter is not resolved, the employee must put in writing the unresolved grievance and appeal again to the principal and/or supervisor within 10 days of the date of the discussion (step 1). After which, the principal and/or supervisor shall make a response in writing within 10 days and then hold a conference with employee to attempt to resolve the matter.
3.2. Formal Procedure (If necessary): After the informal procedure has been followed, the below-listed formal procedure shall be followed in sequence as needed.
3.2.1. Step 1:
- An appeal to the Superintendent (or designee) shall be made in writing, within ten (10) days after disposition under informal procedures.
- A hearing by the Superintendent (or designee) shall be held within fifteen (15) days after receiving the written appeal. The employee may invite one person of his or her choice to attend the hearing.
- The Superintendent (or designee) shall make a written decision on the grievance within fifteen (15) days after the hearing.
3.2.2. Step 1A: The Advisory Panel procedures outlined in this paragraph were negotiated by the Certificated Teachers Association on June 13, 1996. and are limited to eligible certificated employees only.
- At the employee's request, an appeal may be made to an Advisory Panel, as described below, or the employee may proceed directly to Step 2 of the formal procedure for further administrative review.
- An appeal to an Advisory Panel must be in writing and received by the Superintendent within fifteen (15) days after notification of the decision of the Superintendent, subsequent to Step 1.
- Within five (5) days after the request, the Superintendent and the employee shall each select one person to be on the panel, and the President of the Board of Education and the President of the Certified Recognized Representative (as defined in District Policy 1600) will mutually agree upon the third member who must be an objective individual not associated with any party involved, and the three shall constitute the Advisory Panel. (Neg. 6-13-96)
- A hearing by the Advisory Panel shall be held within fifteen (15) days after the request for appeal. The employee may be represented by counsel or by a designee selected by the employee.
- The decision of the Advisory Panel shall be in writing and issued within fifteen (15) days after the hearing, a copy shall be given to the employee, and, at the employee's written request, a copy will be given to the employee's Association President.
- Either the Superintendent or the employee may appeal the decision of the Advisory Panel to the School Board (Formal Procedure Step 2) in writing within fifteen (15) days after notification of the Advisory Panel's decision.
3.2.3. Step 2: If an acceptable resolution is not achieved at the Formal Step 1 or 1A or Step 1A grievance level, the employee (or Superintendent, subsequent to paragraph 3.2.2.) may file an appeal for a hearing before the before the Washington County Board of Education.
- A request for a hearing before the School Board must be made in writing within fifteen (15) days after notification of the Superintendent's decision subsequent to an appeal at Step 1 or after the Advisory Panel's decision subsequent to an appeal at Step 1A .
- School Board shall conduct a hearing within thirty (30) days after receipt of notice of appeal. The employee may be represented by counsel or a person of his or her discretion.
- The Board may, at its sole discretion, select and designate one or more hearing officer(s) to conduct the hearing or to serve with one or more members of the Board during the proceeding.
- If the Board delegates its authority to one or more hearing officer(s) to make decisions relating to the grievance, the decision of the hearing officer(s) will be binding upon both the employee and the Board. This provision, however, does not limit the right of the Board or the employee to appeal to an appropriate court of law.
- The School Board's or hearing officer's decision shall be in writing and issued within fifteen (15) days of the hearing. A copy shall be given to the employee and, at the employee's written request, a copy will be given to the employee's Association President.
- Following the School Board's or hearing officer's decision, no further administrative appeal is provided. Additional legal review must be made to an appropriate court of law.
3.3. Miscellaneous Provisions:
3.3.1. No person shall suffer recrimination or discrimination because of participation in this grievance procedure.3.3.2. Whenever possible, hearings should be scheduled during a mutually convenient time that does not conflict with regularly scheduled school programs.
3.3.3. Employees shall be free to testify regarding any grievance filed hereunder, and the expenses of necessary and approved release time shall be borne by the District when hearings must of be scheduled during the school day.
3.3.4. Confidentiality will be observed in accordance with the provisions set forth in the Utah Government Records Management Act UCA 63-2-101 et seq.
3.3.5. Nothing contained herein shall be construed so as to limit in any way the ability of the District and the employee and others to resolve any grievance, mutually and informally.
3.3.6. All grievable issues must attempt to be resolved pursuant to the administrative remedy stated in this policy before remedies at law are pursued by the employee.
3.3.7. Individuals alleging discrimination or other civil rights violations must follow the administrative grievance procedures outlined in District Policy 1710.
3.3.8. Notice of all decisions relative to grievances processed under this policy shall be hand delivered or delivered by certified mail, return receipt requested.
3.3.9. Written findings at of fact and conclusions shall be entered in connection with all Board level decisions made under this policy.
3.3.10. Minutes of all Board proceedings under this policy shall be taken and will be made available in accordance with the guidelines set forth in the Utah Government Records Management Act.