| Mt. Clemens Community Schools |
| Bylaws & Policies |
9130 - PUBLIC COMPLAINTS AND GRIEVANCES
Any person or group having a legitimate interest in the operations of this District shall have the right to present a request, suggestion, or complaint concerning District personnel, the program, or the operations of the District. At the same time, the Board of Education has a duty to protect its staff from unnecessary harassment. It is the intent of this policy to provide the means for judging each public complaint and grievance in a fair and impartial manner and to seek a remedy where appropriate.
It is the desire of the Board to rectify any misunderstandings between the public and the District by direct discussions of an informal type among the interested parties. It is only when such informal meetings fail to resolve the differences, shall more formal procedures be employed.
Any requests, suggestions, or complaints reaching the Board, Board members, and the administration shall be referred to the Superintendent for consideration according to the following procedure.
Matters Regarding a Professional Staff
Any significant complaints by a person directed toward a teacher shall be called to the teacher's attention at the earliest time this can be accomplished. The name of the complainant will be identified when the complaint is considered serious enough to place in the teacher's record, and no action will be taken until there is a conference between the complainant and the teacher. If the matter is not satisfactorily resolved by the conference between the complainant and teacher, the matter shall be handled in the following order: Principal, Assistant Superintendent, Superintendent and the Board. Beginning at the principal's level, the teacher and the Association will be involved. At all of these steps, the teacher will be involved.
| A. | When any significant complaint is made against a teacher(s) to any administrator by a group considered too large or unwilling to follow the procedure outlined above, that administrator will immediately notify the Association President and the teacher(s) involved in the complaint. | |
| B. | The complaining group shall be encouraged to air their concern(s) at a joint meeting of the Building Administrator(s) and the Superintendent. It is the teacher's right to attend this meeting with a representative of his/her choice, an Association Representative and the Association President or a designated representative. In the event the teacher elects not to attend this meeting, s/he may send a spokesperson. | |
| C. | In the event a solution to the problem is not reached at this joint meeting, the Superintendent may create an Ad Hoc Committee whose responsibility it will be to review the complaint and make recommendations to the Superintendent within one (1) week on the solution to the problem. All parties named in the second paragraph shall receive copies of the Committee's recommendations. | |
| D. | The membership of this Ad Hoc Committee shall consist of an equal representation of members of the community, the administration and the Association. The Superintendent will meet with the Association President to select the community members of the Ad Hoc Committee. The Association shall select the teacher representatives. The Superintendent shall select the administration representatives and determine the size of the committee. | |
| E. | In the event the complaining group cannot be induced to comply with the above procedure or rejects recommendations made in the course of the above procedure(s), steps shall be taken to provide for a Board hearing. | |
| F. | The Association Representatives from the building involved in the complaint, the Association President or his/her designated representative may be present at the Board hearing. The teacher concerned and his/her chosen representative may be present as well. If the teacher elects not to attend s/he may send a spokesperson. No action shall be taken that is contrary to the teacher's rights under the Tenure Act and/or this Agreement as a consequence of any complaints under this section. |
Matters Regarding the Superintendent
Should the matter be a concern regarding the Superintendent which cannot be resolved through discussion with the Superintendent, the complainant may submit a written request for a conference to the Board. This request should include:
| A. | the specific nature of the complaint and a brief statement of the facts giving rise to it; | |
| B. | the respect in which it is alleged that the complainant (or child of the complainant) has been affected adversely; | |
| C. | the reason that matter was not able to be resolved with the Superintendent; | |
| D. | the action which the complainant wishes taken and the reasons why it is felt that such action should be taken. |
The Board, after reviewing the request, may grant a hearing before the Board or a committee of the Board or refer the matter to an executive session.
The complainant shall be advised, in writing, of the Board's decision within thirty (30) business days. The Board's decision will be final and not subject to appeal.
The complainant is not to discuss the matter with an individual Board member as a Board member has no authority except when the Board is in session.
Matters Regarding an Administrative Staff Member
| A. | First Level | |
| If it is a matter specifically directed toward an administrative staff member, the matter must be addressed, initially, to the concerned staff member who shall discuss it promptly with the complainant and make every effort to provide a reasoned explanation or take appropriate action within his/her authority and District administrative guidelines. | ||
| This level does not apply if the matter involves suspected child abuse, substance abuse, or any other serious allegation which may require investigation or inquiry by school officials prior to approaching the professional staff member. |
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As appropriate, the staff member shall report the matter and whatever action may have been taken to the staff member's supervisor. |
| B. | Second Level | |
| If the matter cannot be satisfactorily resolved at the first level, it shall be discussed by the complainant with the staff member's supervisor and in compliance with provisions of a collective bargaining agreement, if applicable. | ||
| C. | Third Level | |
| If a satisfactory solution is not achieved by discussion with the staff member's supervisor, a written request for a conference shall be submitted to the Superintendent by the complainant. This request should include: |
| 1. | the specific nature of the complaint and a brief statement of the facts giving rise to it; | ||
| 2. | the respect in which it is alleged that the complainant (or child of the complainant) has been affected adversely; | ||
| 3. | the action which the complainant wishes taken and the reasons why it is felt that such action be taken. | ||
| Should the matter be resolved in conference with the Superintendent, the Board may be advised of the resolution. |
| D. | Fourth Level | |
| Should the matter still not be resolved, or if it is one beyond the Superintendent's authority and requires a Board decision or action, the complainant shall request, in writing, a hearing by the Board. | ||
| The Board, after reviewing all material relating to the case, may grant a hearing before the Board. |
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The complainant shall be advised, in writing, of the Board's decision, no more than ten (10) business days following the next regular Board meeting. The Board's decision will be final on the matter, and it will not provide a meeting to other complainants on the same issue. |
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If the complainant contacts an individual Board member to discuss the matter, the Board member shall inform the complainant that s/he has no authority to act in his/her individual capacity and that the complainant must follow the procedure described in this policy. |
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Matters Regarding a Support Staff Member
In the case of a support staff member, the complaint is to be directed, initially, toward the person's supervisor, and the matter then brought as required to higher levels in the same manner as prescribed for "Matters Regarding an Administrative Staff Member".
Matters Regarding District Services or Operations
If the request, suggestion, grievance or complaint relates to a matter of District procedure or operation, it should be addressed, initially, to the person in charge of the service or operation, and then brought, in turn, to higher levels of authority in the manner prescribed in "Matters Regarding an Administrative Staff Member".
Matters Regarding the Educational Program
If the request, suggestion, grievance, or complaint relates to a matter of District program, it should be addressed, initially, to the principal and then brought, in turn, to higher levels of authority in the manner prescribed in "Matters Regarding an Administrative Staff Member".
Matters Regarding Instructional Materials
The Superintendent shall prepare administrative guidelines to ensure that students and parents are adequately informed each year regarding their right to inspect instructional materials and the procedure for completing such an inspection.
If the request, suggestion, or complaint relates to instructional materials such as textbooks, library books, reference works, and other instructional aids used in the District, these administrative procedures shall be followed:
| A. | The criticism is to be addressed to the principal, in writing, and shall include: |
| 1. | author; | ||
| 2. | title; | ||
| 3. | publisher; | ||
| 4. | the complainant's familiarity with the material objected to; | ||
| 5. | sections objected to, by page and item; | ||
| 6. | reasons for objection. |
| B. | Upon receipt of the information, the principal shall, after advising the Superintendent of the complaint, appoint a review committee which shall consist of: |
| 1. | one (1) or more professional staff members including a staff member from the affected area; | ||
| 2. | one (1) or more Board members; and/or | ||
| 3. | one (1) or more lay persons knowledgeable in the area; | ||
| 4. | the Superintendent shall be an ex officio member of the committee. |
| C. | The committee, in evaluating the questioned material, shall be guided by the following criteria: |
| 1. | the appropriateness of the material for the age and maturity level of the students with whom it is being used; | ||
| 2. | the accuracy of the material; | ||
| 3. | the objectivity of the material; | ||
| 4. | the use being made of the material. |
| D. | The material in question may be withdrawn from use pending the committee's decision. | |
| E. | The committee's decision shall be reported to the Superintendent in writing within ten (10) business days following the formation of the committee. The Superintendent shall, within ten (10) business days advise the complainant, in writing, of the committee's decision and advise the Board of the action taken or recommended. | |
| F. | The complainant may appeal this decision to the Board through a written request to the Superintendent, who shall forward the request and all written material relating to the matter to the Board. | |
| G. | The Board shall review the case in public session and advise the complainant, in writing, of its decision within ten (10) business days. |
No challenged material may be removed from the curriculum or from a collection of resource materials except by action of the Board, and no challenged material may be removed solely because it presents ideas that may be unpopular or offensive to some. Any Board action to remove material will be accompanied by the Board's statement of its reasons for the removal.
20 U.S.C. 1232h