1. Purpose
1.1. The purpose of this policy is to provide an aggrieved person(s) an orderly process for the prompt and equitable resolution of grievances. The Board intends that, whenever feasible, complaints be resolved at the lowest possible administrative level.
2. Right to Representation
2.1. An aggrieved person, or where appropriate a group of aggrieved persons, may present a grievance through another person or organization recognized by the Board regarding any adverse employment action or administrative action decision negatively affecting the aggrieved person(s).
3. Freedom from Retaliation
3.1. No retaliatory action shall be taken by the Board or any administrator against an aggrieved person in a grievance proceeding because of participation in the grievance procedure.
4. Presentation
4.1. An aggrieved person’s legal right to present a grievance is satisfied at each level when someone in a position of authority hears the aggrieved person’s concern; however, that authority is under no legal compulsion to take action to rectify the matter.
5. Notice to Employees
5.1. Principals of each school shall be responsible for informing all employees under their supervision of the District’s employee grievances policy.
6. Definitions
6.1. Complaint
6.1.1. A complaint must specify the individual harm suffered.
6.2 A grievance under this policy shall include:
6.2.1 Alleged violations of Sevier School District policies.
6.2.2 Grievances concerning an employee’s employment or working conditions.
6.2.3 Alleged violations of State Board rules or of policies adopted by the Board.
6.2.4 Alleged violations of a constitutional, statutory, or common law right.
7 Other Review Processes
7.1 Employee termination and non-renewal procedures are found in policy 2225 and such actions are not subject to the procedures set forth in this section.
8 Representation
8.1 The aggrieved person(s) registering a complaint or any employee who is the subject of a complaint may be represented at his or her own expense by a fellow employee, attorney, other person, or organization. The District may be assisted in processing complaints, as it deems appropriate.
9. General Provisions
9.1 The following shall be general provisions for processing grievances:
9.1.1 Grievances shall be heard in informal administrative conferences.
9.1.2 Time is of the essence. All time limits shall be strictly complied with, except if extended by mutual consent. All references are to calendar days, unless otherwise indicated.
9.1.3 The appropriate administrator at each level shall respond to the employee within seven working days of a grievance conference. Oral grievances may receive an oral or written response, and written grievances shall receive a written response.
9.1.4 The aggrieved person(s) has seven working days after a response to appeal to the next level. The grievance shall be considered concluded if at any level it is not appealed within the given time limit.
9.1.5 All grievances arising out of an event or condition or related series of events must be addressed in one grievance. An aggrieved person(s) may not bring separate or serial grievances concerning events or conditions about which the aggrieved person(s) has previously complained.
9.1.6 All grievances should be resolved at the lowest level possible.
9.1.6.1 Level One
9.1.6.1.1 Any aggrieved person(s) shall meet with the teacher, Principal, immediate supervisor, or designated grievance representative within fifteen days of the time the aggrieved person(s) first knew, or should have known, of the event, condition, or series of events upon which the grievance is based with objective of resolving the matter.
9.1.6.2 Level Two
9.1.6.2.1 If the aggrieved person(s) is not satisfied with the outcome of the grievance conference at Level One, the aggrieved person(s) may request in writing a meeting with the Superintendent or a designee to discuss the grievance within seven working days after receiving the response.
9.1.6.2.2 At or prior to the meeting with the Superintendent or designee, the aggrieved person(s) shall submit a written description of the basis of the grievance, the date(s) it occurred, the remedy sought, and the date the aggrieved person(s) conferred with the Principal or immediate supervisor.
9.1.6.3 Level Three
9.1.6.3.1 In the event the grievance is not resolved at Level Two, the aggrieved person(s) may request, through the superintendent, a hearing before the Board. The Board shall review the grievance at the next conceivable Board meeting after receipt of the request.
9.1.6.3.2 The Board shall issue a written decision regarding validity of the grievance and any corrective action to be taken within five (5) days after the Level Three hearing. The Board's decision will be final.
9.1.6.4 Closed Hearing
9.1.6.4.1 If the grievance involves the character, professional competence, or physical or mental health of the employee bringing the grievance, it shall be heard by the Board in a closed meeting. If the grievance involves complaints or charges against another person, it shall be heard by the Board in a closed meeting.
Utah Code § 52-4-205(1)(a) (2014)
Notice:
Sevier School District does not discriminate on the basis of race, color, national origin, sex, disability, or age in its programs and activities and provides equal access to all groups. The following person has been designated to handle inquiries regarding non-discrimination policies:
Assistant Superintendent or Designee
Sevier School District
180 East 600 North
Richfield, Utah 84701
Approved: 08/09/90
Revised: 11/14/12
Revised: 06/21/17
Revised: 11/08/17
Revised: 09/09/20
