10.1    Definitions

      10.1.1       A “complaint” is a complaint filed by a parent or guardian of a pupil enrolled in the District against a Member of the Bargaining Unit.

      10.1.2       An “informal complaint” is a verbal complaint or personal written note.

      10.1.3       A “formal complaint” is a written complaint on the Uniform Complaint Form.

10.2    General Guidelines

      10.2.1       Every effort should be made to resolve the complaint at the earliest possible level.

10.2.2       An administrator shall notify the Member of the Bargaining Unit in writing within five (5) contracted days or as soon as possible during non-contracted periods upon receiving a complaint.

      10.2.3       If a complaint involves sexual harassment, the initial complaint should be made directly to the offending Member of the Bargaining Unit’s immediate supervisor.  The Member of the Bargaining Unit is not required to resolve sexual harassment complaint(s) directly with the complainant.

      10.2.4       All matters related to a complaint shall be kept confidential to the extent allowed by the law.  Only those individuals directly involved in resolving the complaint shall be informed of the complaint.  A Member of the Bargaining Unit may request an Association representative to be present at any meeting concerning the complaint.

      10.2.5       All documents, communications and records dealing with the complaint shall be placed in the District complaint file.  No such material shall be placed in an employee’s personnel file.  Only disciplinary actions of a substantiated complaint shall be placed in the Member of the Bargaining Unit’s personnel file.                  

      10.2.6       No reprisals shall be taken against any participant in a complaint procedure by reason of such participation.

      10.2.7       Time limits specified in these procedures may be reduced or extended in any specific instance by written mutual agreement of the parties involved.  If specified or adjusted time limits expire, the complaint may proceed to the next step.

      10.2.8       Any complaint not taken to the next step shall be considered settled on the basis of the answer given at the preceding step.

10.3    Informal complaints

      10.3.1       An informal complaint is made directly to the Member of the Bargaining Unit or a site administrator.

10.3.2       Members of the Bargaining Unit and site administrators are encouraged to resolve complaints informally.  Formal complaint procedures shall not be initiated unless informal efforts to resolve the complaint have been exhausted and the complainant has provided a written description of such efforts.

      10.3.3       An administrator shall notify the Member of the Bargaining Unit in writing within five (5) contracted days or as soon as possible during non-contracted periods upon receiving a complaint

10.4    Formal Complaint Procedures

      10.4.1       If a complaint has not been satisfactorily resolved by informal procedures, the complainant shall file a detailed written complaint containing all pertinent facts with the Superintendent/designee.  Failure by the complainant to put the complaint into written form will be considered by the District as a dropping of the complaint.

      10.4.2       Within five (5) working days of receiving the complaint, the Superintendent/designee will forward the complaint to the immediate supervisor or principal who shall notify the Member of the Bargaining Unit in writing of the complaint within five (5) contracted days.

      10.4.3       The Member of the Bargaining Unit shall have ten (10) contracted days to make a written response regarding the complaint.

      10.4.4       The immediate supervisor or principal shall present all concerned parties with a written answer to the complaint within ten (10) contracted days.

      10.4.5       If the complaint has not been satisfactorily resolved in Article 10.4.4, the complainant may file the written complaint with the Superintendent/designee after receiving the written response in Article 10.4.4.  All information previously presented shall be included with the complaint and the immediate supervisor or principal shall submit to the Superintendent/designee a report describing attempts to resolve the complaint.

      10.4.6       Within five (5) contracted days of receiving the complaint, the Superintendent/designee shall conduct any necessary investigation in an effort to resolve the complaint.

      10.4.7       The Superintendent/designee shall present all concerned parties with a written answer to the complaint within ten (10) contracted days after the investigation.

      10.4.8       If the complaint has not been satisfactorily resolved, the complainant may file a written appeal to the Board of Trustees.  All information presented shall be included with the appeal, and the Superintendent/designee shall submit to the Board a report describing attempts to resolve the complaint.

10.4.9          An appeal hearing shall be held at the next regularly scheduled Board of Trustee meeting which falls at least twelve (12) days after the appeal is filed.  This hearing shall be held in closed session if the complaint relates to matters properly addressed in closed session.

 10.4.10     The Board of Trustee shall make its decision within thirty (30) days of the             hearing and shall mail its decision to all concerned parties.  The Board of Trustee’s decision shall be final provided, however, that such decision shall not deprive the Member of Bargaining Unit of any rights in this agreement or the law.