4044- Personnel – Complaints – Employee Complaint Process

Policy –
Regulation –
Exhibit – x

Adopted – 12/7/2017
Revised –

This checklist/timeline provides information regarding the process for filing employee complaints. For additional information regarding employee complaints, please consult Board Policy and Regulation 4044 available on the District website, as well as the front office of every school site.

CHECKLIST
• For complaints alleging discrimination, please contact Human Resources for further information

• Complaints alleging sexual harassment should be filed with the offending employee’s immediate supervisor. An employee is not required to attempt to resolve sexual harassment complaints directly with the offending employee.

• For complaints regarding the sufficiency of textbook materials, teacher vacancy or misassignment, or an urgent or emergency facility condition, please consult Board Policy and Regulation 1312.4.

• For complaints regarding working conditions or other subjects of negotiation, please use the grievance procedure specified in the applicable collective bargaining agreement.

• For “whistleblower complaints” filed pursuant to Government Code section 53296 et seq., please consult Board Policy and Regulation 4044.

• Every effort should be made to resolve the complaint informally at the earliest possible stage. If a complaint is not satisfactorily resolved informally, complainant may file a written complaint with the employee’s immediate supervisor or principal. District will investigate complaint in accordance with timeline for Formal Complaint Procedures, below.

TIMELINE FOR FORMAL COMPLAINT PROCEDURES

STEP 1:
 WITHIN 5 WORKING DAYS OF RECEIPT OF COMPLAINT: Immediate supervisor/principal conducts any necessary investigation and meets with complainant.

 WITHIN 10 WORKING DAYS OF MEETING: Immediate supervisor/principal presents parties with written answer.

If not satisfactorily resolved at Step 1, complainant may proceed to Step 2.

STEP 2:
 WITHIN 5 WORKING DAYS OF ANSWER AT STEP 1: Complainant files written complaint with Superintendent/designee.

 WITHIN 5 WORKING DAYS OF RECEIPT OF COMPLAINT: Superintendent/designee conducts any necessary investigation and meets with complainant.

 WITHIN 10 WORKING DAYS AFTER MEETING: Superintendent/designee presents parties with written answer.

 If not satisfactorily resolved at Step 2, complainant may proceed to Step 3.

STEP 3:
 WITHIN 5 WORKING DAYS OF ANSWER AT STEP 2: Complainant files written appeal to Governing Board

 NEXT REGULARLY SCHEDULED BOARD MEETING AFTER APPEAL FILED: Appeal hearing held by Board

 WITHIN 30 WORKING DAYS OF APPEAL HEARING: Board provides written decision to parties. Decision of Board is final.

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