The official complaint procedure for certified, professional employee complaints is included in the statement of policy. The complaint policy shall not be interpreted as a denial of the rights of any individual to contact any supervisor, principal, or Superintendent within the School Corporation in an attempt to resolve a problem or complaint. Nothing herein contained will be construed as limiting the right of any teacher having a complaint to discuss the matter informally with the appropriate member of the administration and having the complaint adjusted without the involvement of the Middlebury Teachers Association, provided the adjustment is not consistent with the terms of this policy.

A "complaint" shall mean an allegation by a certified, professional employee of the schools or the Middlebury Teacher's Association that:

A "party in interest" is the person or persons making the complaint and any person who might be required to take action or against whom action might be taken in order to resolve the complaint. The term "immediate superior" refers to the person to whom the complainant is expected to report to and is responsible for the assignment, working conditions, and immediate supervision of the complainant.

The term "days" when used in this procedure shall mean week days and excludes weekend or vacation days during the school year.

The "Middlebury Teacher's Association representative" shall mean the President of the M.T.A. or another school teacher appointed by him/her to act in his/her place.

A certified, professional employee of the schools is encouraged to state any concerns to his/her immediate supervisor, which in most cases is the building principal, regarding 1) feeling that s/he has received unfair treatment due to rules, assignment, or directives of the building principal, 2) attitude that provisions of employment as provided by Board policy, or 3) sentiment that the complaint procedure has not been administered properly.

It is expected that teachers will take personal concerns and complaints directly to the building principal who is expected to hear the point of view of the teacher, have the opportunity to state his/her point of view, interpretation, or reason for administrative procedures, and to discuss the concern or complaint with the teacher.

In an instance where a decision is appropriate, the principal is expected to make a decision and state the basic reason for his/her decision. The principal is not expected to justify his/her decision in detail or to be subjected to undue argumentation or questioning in regard to the action taken.

If the teacher is not satisfied with the action of his/her immediate supervisor, s/he may file a written complaint as outlined in Level II of this complaint procedure. However, the teacher is encouraged to establish verbal contact with the Superintendent. If the teacher is not satisfied with the action of the principal, or if the principal fails to carry out his/her stated intent in regard to the complaint, the teacher may request that the principal set up a conference for the teacher with the Superintendent. The teacher may request that the principal attend the conference with the Superintendent or the teacher may ask for a private conference. If the principal declines or fails to make arrangements for the interview with the Superintendent, the teacher is justified in directly asking the Superintendent for an appointment.

No action suggested in Level I shall be construed to prevent an individual from utilizing the written petition of complaint as outlined in Level II of this procedure. The steps outlined in Level I are established to allow expedient verbal expression of concerns and grievances. Any person who does not obtain relief through Level I steps is expected to utilize Level II steps.

At any step in this complaint procedure, a teacher may present his/her concerns individually or s/he may be accompanied by a Middlebury Teachers Association representative.

An individual may file a written complaint with his/her principal. This step may be taken without using the steps in Level I, but individuals are encouraged to state verbal concerns as outlined in Step I as a means of expediting attention to complaints. A written complaint shall be filed under Level II within ten (10) days of the act or condition that is the basis of the complaint. The written complaint is to be dated and signed by the teacher. In addition to the building principal, copies of the complaint are to be given to the Middlebury Teachers Association representative and the Superintendent.

Within five (5) days of receipt of the decision rendered by the principal, the teacher may make a written appeal to the Superintendent. The appeal shall include a copy of the decision being appealed and the arguments contending that the decision is incorrect or inappropriate. A copy is to be sent to both the principal and to the M.T.A. President.

Within five (5) days after receiving the written appeal, the Superintendent or his/her representative shall set up a hearing to include the teacher, the building principal, and any other parties involved in the alleged complaint. The M.T.A. representative and administrative staff representatives selected by the building principal may be present and participate in the appeal hearing. At least five (5) days and not more than ten (10) days shall elapse from the date when the hearing is established until the hearing is held. Written notice shall be made to all parties.

Within five (5) day after the hearing, the Superintendent shall communicate to the teacher and all other involved parties who were present at the hearing his/her written decision. A copy of the decision shall be sent to the President of the Board.

Within five (5) days of receipt of the decision of the Superintendent, the teacher may make a written request for a hearing with the Board. The Superintendent shall establish a time, place, and date for the hearing with the Board. The hearing date is to be set within five (5) days after the appeal has been received. It may be set for the next regular Board meeting or a date may be set that is more than five (5) days after the appeal is received but in no case shall this date be later than the next regular Board meeting date. All parties concerned in the complaint are to be informed in writing by the Superintendent of Schools as to the time, date, place, and procedure for the hearing.

Action of the Board will be communicated in writing within five (5) days of the hearing to all parties to the complaint.