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406.6 Grievance Procedure

Series 400 - Staff Personnel
Grievance Procedure - Required by Federal Law or Programs Code No. 406.6
A “grievance” shall mean a complaint that there has been an alleged violation of requirements imposed by a federal law or that action has been taken which is prohibited by federal law (including, but not limited to, Section 504 of the Rehabilitation Act of 1973, and Title IX of the Education Amendments of 1972).
Every employee or third party on their behalf shall have the right to present grievances in accordance with these procedures.
The failure of a grievant to act on any grievance within the prescribed time limits will act as a bar to any further appeal and an administrator’s failure to give a decision within the time limits shall permit the grievant to proceed to the next step.  The time limits, however, may be extended by mutual agreement of the parties involved.
All documents, communications, and records dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants.
First Step:  An attempt shall be made to resolve any grievance in informal, verbal discussion between the complainant and his or her principal/director.
Second Step:  If the grievance cannot be resolved informally within five (5) days, the grievant shall file the grievance in writing and, at a mutually agreeable time, discuss the matter with the principal/directors.  The written grievance shall state the nature of the grievance, shall note the provision of federal law that has been violated or the action that has been taken that is prohibited by federal law, and shall state the remedy requested.  The filing of the formal, written grievance at the second step must be within ten (10) days from the end of the informal (first step) discussions.
The principal/director shall make a decision on the grievance and communicate it, in writing, to the grievant and the Superintendent within five (5) days after receipt of the grievance.
Third Step:  In the event a grievance has not been satisfactorily resolved at the second step, the grievant shall file, within ten (10) days of the principal’s/director’s written decision at the second step, a copy of the grievance with the Superintendent.
Within five (5) days after such written grievance is filed, the grievant and the Superintendent shall meet to resolve the grievance.
The Superintendent shall file an answer within five (5) days of the third step grievance meeting and communicate it in writing to the grievant and the principal/director.
Fourth Step:  If the grievance is not resolved satisfactorily at the third step, there shall be available a fourth step which consists of a hearing before the Board. The grievant may submit, in writing, a request to the Superintendent within thirty (30) calendar days from the receipt of the third step answer to have a hearing before the Board.
The hearing before the Board shall be held within ten (10) days after said notice is given.  The decision of Board will be final.
All reference to days excludes Saturdays, Sundays and Holidays.
Adoption:  4/14/86
Review     7/17/89   4/11/94 9-15-08  3-10-14  2-11-19
Revision   4/15/96   02/14/02
Cross References:
Legal References: 34 C.F.R. §104.7; 34 C.F.R. §106.8