4047 Formal Grievance Procedure for Filing, Processing, and Resolving Alleged Discrimination Complaints
A. DEFINITIONS
1. Discrimination Grievance - A formal written complaint alleging any policy, procedure or practice which discriminates on the basis of race, age, color, religion, national origin, genetic information, pregnancy, gender, gender expression or identity (including sexual harassment), sex, sexual orientation, qualified disability or veteran status. Grievances can be turned into the Human Resource’s office or to the district’s Title IX, ADA, Title VII/ADEA and 504 coordinators.
2. Grievant - An employee or other non-student of the district who submits a grievance alleging discrimination based on race, age, color, religion, national origin, genetic information, pregnancy, gender, gender expression or identity (including sexual harassment), sex, sexual orientation, qualified disability or veteran status.
3. Title IX, ADA, Title VII/ADEA and 504 Coordinator(s) - The person(s) designated to coordinate efforts to comply with and carry out responsibilities under Title IX of the Education Amendments of 1972; the Americans with Disabilities Act; Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act; Section 504 of the Rehabilitation Act of 1973 and any other state and federal laws addressing equal educational opportunity. The coordinator under Title IX, ADA, Title VII/ADEA and 504 may be included in procedures and hearings conducted pursuant to this policy. The coordinator of each statutory scheme may be the same person or different persons.
4. Respondent - The person alleged to be responsible for the violation contained in the grievance. The term may be used to designate persons with responsibility for a particular action or those persons with supervisory responsibility for procedures and policies in those areas covered in the grievance.
5. Day - A working day when the district’s main administrative offices are open. The calculation of days in complaint processing shall exclude Saturdays, Sundays and legal holidays.
6. Executive Director of Human Resources - Where referred to in policy, the role or activity may be performed by the Director of Human Resources.
7. Representative - a non-attorney representative may accompany grievant at any/all hearings. At the Board of Education hearing, attorney representation is permitted.
B. RESOLUTION PRIOR TO FILING FORMAL GRIEVANCE
Prior to the filing of a formal grievance, the employee or other non-student is encouraged to visit with the Executive Director of Human Resources or the district’s Title IX, ADA, VII/ADEA or 504 coordinator or any other district administrator, and reasonable effort should be made to resolve the problem or complaint pursuant to applicable Board of Education policies. (Board Policies #4044 and #4046)
C. FILING AND PROCESSING FORMAL DISCRIMINATION GRIEVANCES
1. Grievant: Submits grievance to the Executive Director of Human Resources stating name, nature and date of alleged violation; names of persons responsible (where known) and requested action. Whenever possible, it is encouraged that grievances be filed within 30 days of the alleged violation. Grievances may be submitted electronically through email or delivered in person in hard copy.
2. Executive Director of Human Resources: Notifies respondent within ten days and asks respondent to:
a. Confirm or deny facts;
b. Indicate acceptance or rejection of grievant’s requested action; or
c. Outline alternatives.
3. Respondent: Submits written answer within ten days to the Executive Director of Human Resources.
4. Executive Director of Human Resources: Within ten days after receiving respondent’s answer, Executive Director of Human Resources notifies the respondent and grievant of the date of a hearing to be conducted with the grievant, the respondent and the Executive Director of Human Resources.
5. Executive Director of Human Resources and respondent: Hearing is conducted. Testimony of grievant and respondent may be scheduled separately, if deemed appropriate by the Executive Director of Human Resources.
6. Executive Director of Human Resources: Issues within ten days after the hearing a written decision to the grievant and respondent.
7. Grievant or respondent: If the grievant or respondent is not satisfied with the decision, he/she must notify the Executive Director of Human Resources within ten days and request, in writing, a hearing with the Superintendent.
8. Executive Director of Human Resources: Schedules a hearing with the grievant, respondent and Superintendent and notifies grievant and respondent of the date of the hearing within ten days of receipt of the request for the hearing.
9. Superintendent, grievant, respondent and Executive Director of Human Resources: Hearing is conducted.
10. Superintendent: Issues a written decision within ten days following the hearing.
11. Grievant: If the grievant or respondent is not satisfied with the decision, he/she must notify the Executive Director of Human Resources, in writing, within ten days and request a hearing with the Board of Education.
12. Executive Director of Human Resources: Notifies Board of Education, in writing, within ten days after receiving request. Executive Director of Human Resources schedules hearing with the Board of Education. Hearing is to be conducted within 30 days from the date of notification to the Board of Education.
13. Hearing held by the Board of Education, grievant, respondent and Executive Director of Human Resources; and the Board of Education issues a final decision at the hearing regarding the validity of the grievance and any action to be taken.
D. GENERAL PROVISIONS
1. Extension of time: Any time limits set by these procedures may be extended by mutual consent of the parties involved. The total number of days from date that complaint is filed until complaint is resolved shall be no more than 180 days.
2. Access to Regulations: Upon request, the district shall provide copies of any district regulations prohibiting discrimination on the basis of race, age, color, religion, national origin, genetic information, pregnancy, gender, gender expression or identity (including sexual harassment), sex, sexual orientation, qualified disability or veteran status.
3. Confidentiality during investigation: Confidentiality will be maintained to the extent possible, but during the course of the investigation, interviewing of witnesses and the explanation of allegations to respondent, some information regarding the grievance may necessarily be disclosed.
4. Confidentiality of Documents: Complaint documents will remain confidential, to the extent allowed by law, unless permission is given by the parties involved to release such information. All complaint
documents will be kept separate from any other records of the district. No complaint document shall be entered in any personnel file unless adverse employment action is taken against an employee. Complaint documents shall be maintained on file for three years after complaint resolution.
5. Grievant may bring his/her union representative to hearings under this policy.
Adopted 12/13/99 UCTA Procedural Agreement, V
Revised 1/8/01 USPA 3.14
Revised 12/13/04
Revised 2/12/07
Revised 12/10/07
Revised 12/14/15
Revised 11/14/16
Revised 12/11/17
Revised 12/9/19