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DP315B NEG – Grievance Procedure—Education Support Professionals

  • Effective: 8/27/1969
  • Revision: 4/26/2016
  • Reviewed: 6/10/2014
  1. Board Directive
    The Board recognizes the need for a District grievance process and delegates to the Administration the authority to implement a policy regarding grievance procedures for education support professionals.
  2. Administrative Policy
    It is the policy of the Administration to address grievances alleged by education support professionals with the following administrative policy provisions:

    1. Definitions
      1. Grievance – A complaint which:
        1. Sets forth an allegation that there has been a violation of District policy, state law, or federal law.
        2. Specifically identifies the Jordan School District policy or statute alleged to have been violated.
        3. Provides a detailed statement of the alleged violation.
      2. Grievant – Any education support professional or group of education support professionals aggrieved by a decision or condition falling under District policy, or state or federal law.
      3. Grievance Officer – The District employee or employees designated to review complaints regarding alleged violation of District policy, state law, and/or federal law and charged. with the responsibility of investigating, or overseeing the investigation of, complaints.
      4. Immediate Supervisor – The employee’s principal or department director/administrator.
    2. Procedure
      1. Step I:
        Any education support professional alleging a grievance is encouraged to resolve the problem, if possible, through an informal discussion with the immediate supervisor (Step I). This discussion is included in the twenty (20) working day window for filing a grievance.
      2. Step II:
        1. In the event that the informal discussion does not resolve the problem, an education support professional (grievant) or his/her designated representative may prepare and file a completed grievance form with his/her immediate supervisor. The grievant or his/her representative shall furnish sufficient background information concerning the alleged violation, which identifies date(s), time(s), person(s), the actions that led to the grievance, and the District policy, or state or federal law that was violated.
        2. A copy of the grievance will be immediately forwarded by the immediate supervisor to the District Grievance Officer, the appropriate District-level Administrator, the Administrator of Human Resources or his/her designee, and the President of the employee agent group.
        3. The grievance must be filed within twenty (20) working days of the date the grievant knew, or should have known, of the circumstances which precipitated the grievance. Grievance forms are available in the District’s Human Resources Department or online at the District’s Human Resources website. A grievance will be denied, if the grievant, or his/her designated representative, does not file a grievance form that sets forth an allegation that there has been a violation of a District policy, or state or federal law and specifically identifies the policy or statute alleged to have been violated.
        4. The immediate supervisor to the grievant, or his/her representative, shall respond in writing, within five (5) working days following receipt of the grievance.  A copy of the response will be forwarded to the District Grievance Officer, the appropriate District-level Administrator, the Administrator of Human Resources or his/her designee, and to the President of the employee agent group.
      1. Step III:
        1. If the immediate supervisor’s written response (decision) at Step II does not resolve the problem, the grievant or his/her designee shall forward the completed Education Support Professionals Grievance Form to the District Grievance Officer to initiate Step III.
        2. The District grievance officer shall investigate the complaint with the parties concerned in the grievance within fifteen (15) working days of the grievance having been filed at Step III.
        3. At the conclusion of the investigation, the grievance officer shall render a decision and issue a written report setting forth his/her findings and recommendations for the resolution of the grievance within five (5) working days.
        4. The grievance shall be considered resolved if the grievant and the District accept the recommendations of the District grievance officer.
        5. If no written report has been issued within the time limits set forth in “c” above, or if the grievant or District shall reject the recommendations of the District grievance officer, the grievant or the District shall have the right to appeal to the Board of Education for review of the grievance at Step IV.
      2. Step IV:
        1. A written request for Board of Education review of the grievance must be submitted to the Superintendent or his/her designee within ten (10) days of the date of the grievance officer’s report or the expiration of the time limits set forth in Step III.
        2. The Board of Education shall review the grievance and the grievance officer’s report. (An additional hearing shall not be held.)
        3. The Board of Education may affirm the grievance officer’s recommendations, amend the recommendations, or affirm the recommendations in part and amend in part.
        4. The Board of Education’s written decision shall be issued within twenty-one (21) working days of receipt of the grievant’s written appeal by the Superintendent or his/her designee at Step IV.
        5. If no written decision has been issued within the time limit set forth in B.4.d or if the grievant shall reject the decision of the Board of Education, the grievant shall be free to pursue such litigation or statutory remedy as the law may provide.
    1. Miscellaneous Provisions
      1. The employee will be informed that the time limits set forth in this policy may be modified or extended if mutually agreed upon by the employee, or his/her designated representative, and the District.  If either party wishes to change the timeline set forth in this policy, the party will request the modification(s) from the other party and both parties will need to agree to the modification(s) before the modification(s) can be honored.  The grievance officer will issue a letter of understanding to the parties outlining the agreed upon modified timeline.
      2. No person shall suffer recrimination or discrimination because of participation in this grievance procedure.
      3. Employees shall be free to testify regarding any grievance filed hereunder.
      4. Confidentiality will be observed pending resolution of the grievance.
      5. The grievant may be accompanied by a representative of his/her choice in all stages of these proceedings.
      6. Records of all grievances will be maintained by the District grievance officer. The records will be kept in a separate and confidential file as required by District policy DP367—District Records Management.  Information regarding grievances will be classified as private.

Employee Grievance form  (form updated 2/16/2021)