ARTICLE 31-PUBLIC COMPLAINTS

31.1 The Board of Education recognizes the integrity and professionalism of its employees and desires to support their actions in such a manner that employees are freed from unnecessary, spiteful, or negative criticism and complaints.

31.2 Every effort should be made to resolve complaints concerning school district employees at the earliest possible stage in accordance with the following procedures:

31.2.1 Complaints concerning District personnel should, whenever possible, be made by the complainant directly to the employee against whom the complaint is lodged.

31.2.2 Complaints not resolved at the informal level, above, shall be directed by the complainant to the employee’s administrative supervisor.

31.2.2.1 Any complaint regarding an employee’s job performance which may affect the employee’s evaluation shall be discussed with the employee as soon as possible.

31.2.2.2 Should the administrator or involved employee deem it appropriate, a meeting shall be held with the complainant, employee, and administrator to review the stated concern. Such meeting shall be held at a reasonable time (within the employee workday) and place mutually agreed upon by the parties. Adequate notice of complaint involved and the nature of the complaint shall be given to the employee(s) prior to the meeting.

31.2.2.3 If informal discussion between the administrator and complainant fails to bring about resolution of the complaint, the complainant shall be requested to state the complaint in writing. Such written complaint shall be discussed with the involved employee. Failure of the complainant to state the complaint in writing shall be deemed by the District to be withdrawal of the complaint.

31.2.2.4 The administrative supervisor shall appropriately review and analyze the written complaint and submit resolution strategies to the complainant and involved employee.

31.2.3 If the complaint, after review by the administrative supervisor, remains unresolved, the supervisor shall refer the written complaint, together with the supervisor's report and analysis of the situation, to the Superintendent/ designee. The resolution decision of the Superintendent/designee shall be final.

31.2.4 No hearing will be held by the Board of Education on any complaint unless and until the Board has received the Superintendent’s written report concerning the complaint. The Superintendent’s report shall contain, but not be limited to, the following:

31.2.4.1 The name of each employee involved.

31.2.4.2 A brief but specific summary of the nature of the complaint and the facts surrounding it sufficient to inform the Governing Board and the employee(s) as to the precise nature of the complaint and to allow the employee(s) to prepare a defense.

31.2.4.3 A true copy of the signed original of the complaint itself.

31.2.4.4 A summary of the action taken by the Superintendent in connection with the complaint, with the Superintendent’s specific finding that disposition of the case at the Superintendent’s level has not been possible, and the reasons therefore.

31.2.4.5 The written report of the Superintendent shall be provided to the employee(s) involved at least five (5) working days prior to any hearing held by the Board of Education on such complaint.

31.2.5 All parties involved, including the school administration, shall be requested to attend such a hearing for the purposes of presentation of all available evidence allowing every opportunity for explanation and for clarifying the issue.

31.2.6 The decision of the Board of Education following the hearing shall be final. Any action of the Board of Education shall not be inconsistent with the terms of the Agreement.

31.3 Information received from undisclosed or anonymous complainants shall not adversely affect the performance evaluation of any school district employee and shall not become part of the permanent record of the unit member.

31.4 Any involved employee shall be afforded the full right to representation at all stages of this procedure.

31.5 Only a failure to follow the specific steps or procedures contained in the Article can be subject upon which a grievance may be filed.