Complaints & Grievances

Complaints

Definitions

• A “complaint” is a claim based upon an event or condition causing dissatisfaction and disagreement between or among the parties involved.
• The “complainant” is the person(s) who make the claim.

Purpose

The purpose of this policy is to secure, at the lowest possible administrative level, equitable solutions to complaints which may arise.

 Procedure

Informal complaints are to be resolved at the lowest administrative level. The complainant and other person(s) involved shall resolve issues of concern via personal meeting or other appropriate communication. After the immediate parties have attempted and failed to resolve the issues, the principal, or immediate supervisor, shall coordinate and mediate the processes necessary for satisfactory resolution of the complaint. Upon receipt of an informal complaint, the principal or immediate supervisor shall initiate action to resolve the issue within five (5) working days.

Formal complaints are to be made in writing when the complainant is not satisfied with the disposition of the issue through the informal complaint process. The complainant may, within ten (10) working days after the informal complaint decision has been rendered, file the complaint in writing, with any member of the Academy Board of Directors.

Within ten (10) working days after receipt of the formal written complaint, the CAO, or other designate officer of the Board will meet with the complainant in an effort to resolve the issue.

In the event the complaint is not resolved, the complainant may request a hearing before the Board of Directors. The Board shall review the complaint at the next scheduled Board meeting after receipt of the request.

The Board’s decision shall be final and shall be made within ten (10) working days of the hearing.

Individuals with Disabilities Education Act (”IDEA”) Complaint Procedure

Purpose. The primary purpose of this section of the Academy’s complaint policy is to ensure the Academy’s compliance with IDEA. Gateway Preparatory Academy recognizes that students with disabilities, who attend the Academy, and their parents/guardians, retain all rights under Part B of IDEA, §53A-15-301 through 53A-15-305 Utah Code Ann., and other applicable regulations.

Gateway Preparatory Academy’s IDEA Policy. The Academy recognizes the importance of adhering to the necessary and proper procedures of resolving complaints that allege violations of Part B of IDEA, State Rules, or other applicable laws protecting disabled individuals. Due to the complexity and importance of these procedural safeguards, the Academy has determined to adopt the procedures endorsed by the Utah Board of Education in their handbook entitled Special Education Rules, IV.G. COMPLAINT PROCEDURES. As part of the Academy’s Complaint procedure, the Academy has established procedures to allow parties the opportunity to resolve disputes through a mediation process that is available whenever a due process hearing or an expedited due process hearing is requested. These procedures are outlined in the Special Education Rules handbook IV.J. MEDIATION. In the event that the Academy’s policy does not comply with Part B of the IDEA, State Rules, or other rules protecting the rights of students with disabilities, the Academy will adopt a policy that ensures compliance with the aforementioned laws and regulations.

Compliance. If the application of any requirement of the Academy’s complaint policy to a student with a disability is not permissible, or becomes impermissible, under IDEA or State Law, the Academy shall implement other actions consistent with the conflicting law or regulation which shall most closely correspond to the requirements of this policy.

Grievances

Definitions

1. Grievance – A complaint from any individual within Gateway Preparatory Academy (i.e. student, parent, employee) which:
   1. Sets forth the allegation that there has been a violation of any policy, accepted practices, or state or federal law.
   2. Specifically identifies the policy, practice, or statute violated.
2. Grievant – Any individual or group of individuals aggrieved by a decision or condition falling under policy, accepted practices, or state or federal law.
3. Organizational Structure – The hierarchy of Gateway Preparatory Academy for addressing all grievances.  The organizational structure varies depending on area of alleged violation.  Below is the hierarchy used for grievance procedures in this policy:

Procedures

1. Step I:
   1. Any individual alleging a grievance is encouraged to resolve the problem, if possible, through an informal discussion with the person or persons suspected of violation, beginning at the earliest level of organizational structure. 
      1. Student’s parents should discuss classroom concerns first with classroom teachers.
      2. Employees should discuss concerns first with directly involved parties.
   2. When individuals hear complaints or receive formal grievances, they should first make sure that grievants or potential grievants have first attempted in good faith to resolve problems with directly involved persons.
2. Step II:
   1. In the event that the informal discussion with directly involved parties does not resolve the issue, grievant shall file a formal written grievance form with the next responsible individual in the organizational structure.  Grievance Forms are available from the office manager or from the Academy’s website.
      1. The grievance must be filed within twenty (15) working days of the date the grievant knew, or should have known, of the circumstances which precipitated the grievance.
      2. The responsible individual shall respond in writing, within five (5) working days following receipt of the grievance.
      3. If the next responsible party is the Academy Director, Step II does not apply and grievant moves to Step III.
3. Step III:
   1. If the response (decision) at Step II does not resolve the problem, the grievant shall forward the grievance to the Academy Director to initiate Step III.
   2. The Academy Director shall investigate the complaint with the parties concerned in the grievance within fifteen (15) working days of the grievance having been filed at Step II.
   3. At the conclusion of the investigation, the Academy Director shall render a decision and issue a written report setting forth the Director’s 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 Academy Board accept the recommendations of the Academy Director.
   5. If no written report has been issued within the time limits set forth in “3″ above, or if the grievant shall reject the recommendations of the Academy Director, the grievant shall have the right to appeal to the Academy Board for review of the grievance at Step IV.
4. Step IV:
   1. A written request for the Academy Board’s review of the grievance must be submitted to the Board Secretary within 10 days of the date of the Academy Director’s report or the expiration of the time limits set forth in Step III.
   2. The Academy Board shall review the grievance and the Academy Director’s report, and may hold a hearing.
   3. The Academy Board may affirm the Academy Director’s recommendations, amend the recommendations, or affirm the recommendations in part and amend in part.
   4. The Academy Board written decision shall be issued within 30 working days of receipt of the grievant’s written appeal by the board secretary.
   5. If no written decision has been issued within the time limit set forth in “4″ above or if the grievant shall reject the decision of the Academy Board, the grievant shall be free to pursue such litigation or statutory remedy as the law may provide.

View Grievance Form

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 by the grievant, or the grievant’s designated representative and the Academy.  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 be required to agree to the modification(s).  The grievance officer will issue a letter of understanding to the parties outlining the 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 grievant’s choice in all stages of these proceedings.
6. Records of all grievances will be maintained by a designated office staff member. The records will be kept in a separate and confidential file. Information regarding grievances will be classified as private.
7. Gossip among Academy employees will not be tolerated.  When employees have concerns they should follow the procedure in this policy to resolve such concerns.  Gossip undermines the efforts of all employees to operate a successful Academy and may be grounds for disciplinary action, up to and including termination of employment.