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Sweetwater Un HSD |  BP  1312.1  Community Relations

Complaints By District Employees   

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Employee Complaints

The Board of Trustees of the district recognizes the need to have in place procedures for handling complaints by employees who they feel that a written district policy or administrative regulation has not been followed. These procedures will not apply where a more specific regulation provides procedures, where a negotiated agreement provides a grievance procedure, or where a specified method of review is prescribed by law.

Superintendent to Develop Regulation(s)

The Superintendent shall formulate such regulation(s) as necessary to implement this policy.

Complaints by District Employee

This regulation applies to employee complaints regarding the written policies or administrative regulations of the district. These procedures are not applicable where a more specific regulation provides review procedures, where a negotiated agreement provides a grievance procedure, or where a specified method of review is prescribed by law.

Definition

The following definitions shall apply to this regulation:

Complaint

An allegation by an employee of a violation, misapplication, or misinterpretation of one or more written policies or administrative regulations and adopted procedures of the district resulting in adverse conditions personally affecting the employee.

The employee filing the complaint.

Workday

A day on which the administration center of the district is open for regular business.

General

1. The intention of these procedures is to secure, at the lowest possible administrative level, prompt and equitable solutions to a complaint within proceedings which are as informal and confidential as possible.

2. A complaint must be initiated within five workdays after the act or condition giving rise to the occurrence of the complaint.

3. An employee may request to be accompanied by a representative or another employee at any step of the complaint procedure.

4. The administrator will schedule a meeting within the time limits described in this procedure unless impractical due to authorized absence of any relevant participant.

Informal Conference

An employee with a complaint will present within five workdays all alleged facts related to the alleged complaint to his/her immediate supervisor or principal. An attempt shall be made to resolve the alleged complaint at this level.

Formal Proceedings

Should solutions to the complaint proposed at the informal conference not satisfy the complainant, he/she may attempt to resolve the matter through the following process:

1. Step One

a. In the event the complaint, as defined hereinabove, is not resolved by informal conference and the complainant wishes to pursue the complaint further, the complainant may reduce the complaint to writing and present it to his/her supervisor or principal within six workdays following the informal conference.

b. The immediate supervisor or principal, within six workdays after receipt of the written complaint, shall meet with the complaining employee to further discuss the complaint.

c. Within seven workdays of this meeting, the supervisor or principal shall render a written decision to the employee.

2. Step Two

a. If the complainant is not satisfied with the decision rendered pursuant to step one, the complaint may be appealed by the complainant within seven workdays of the decision of the supervisor or principal to the executive director of personnel services.

b. A meeting between the complainant and the executive director of personnel services or his/her designee will be arranged to discuss the complaint. The meeting will be held within 10 workdays from the date the complaint is received by the executive director of personnel services.

c. The executive director of personnel services or his/her designee shall render within 10 workdays after this meeting, a written decision to the employee.

d. The decision of the executive director of personnel services, or his/her designee shall be final and binding on the parties.

Legal Reference:

EDUCATION CODE

33308.1 Guidelines on procedure for filing child abuse complaints

35146 Closed sessions

44031 Personnel file contents and inspection

44811 Disruption of public school activities

44932-44949 Resignation, dismissal and leaves of absence (rights of employee; procedures to follow)

48987 Child abuse guidelines

GOVERNMENT CODE

54957 Closed session; complaints re employees

54957.6 Closed session; salaries or fringe benefits

PENAL CODE

273 Cruelty or unjustifiable punishment of child

11164-11174.3 Child Abuse and Neglect Reporting Act

WELFARE AND INSTITUTIONS CODE

300 Minors subject to jurisdiction of juvenile court

Management Resources:

CDE LEGAL ADVISORIES

0910.93 Guidelines for parents to report suspected child abuse by school district employees or other persons against a pupil at school site (LO:4-93)

Policy SWEETWATER UNION HIGH SCHOOL DISTRICT

adopted: November 17, 2008 Chula Vista, California