GENERAL EMPLOYEE COMPLAINTS AND GRIEVANCES
It is the desire of the Mountain Brook Board of Education to encourage reasonable and effective means of handling personnel grievances arising from the implementation of local board policies as well as the interpretation of regulations originating from the State level; to reduce the potential for grievances; and to establish and maintain recognized channels of communication between the administration and staff.
In spite of efforts to eliminate the occasions when misunderstandings will arise, at best they can be minimized. The fact that personnel affected by policies are involved in their development is perhaps the most effective single provision.
General Complaints (Grievances). Any employee or member of the public having complaints or grievances are encouraged to discuss present for resolution to the employee, supervisor, or administrator at the lowest administrative level who has the authority and ability to address the problem or implement the requested action. If the underlying problem cannot be resolved satisfactorily at this administrative level, the aggrieved person may continue to seek a satisfactory solution to the problem with staff members at the next higher levels of administration ( e.g. Principals, Central Office Director, Superintendent). Finally, the person may appeal in writing to the Board of Education. At any level, the aggrieved person may appear in company of peers or counsel and will be afforded all the rights of due process applicable to such situation.
Limitations Regarding Availability and Application of General Complaint/Grievance Policy – The general complaint/grievance policy and any procedures adopted thereunder do not apply to specific complaint or grievance policies and procedures that are established by Board policy or law for application to special factual or legal circumstances (e.g. sexual harassment grievance procedures; discrimination procedures, review of personnel matters governed by state law or as covered under Student’s First; due process hearings provided under Individuals with Disabilities Act). In such instances, the specific statutory, regulatory, or policy-based process is the applicable procedure. The general complaint/grievance procedures that are authorized under the terms of this policy may not be invoked for the purpose of challenging or seeking review or reconsideration of adverse personnel decisions that have received Board approval. A grievance may be based on an alleged misapplication of Board policies, regulations, or procedures, but may not be used to challenge the Board’s exercise of its discretion to adopt, approve, modify, or repeal a policy, regulation or procedure or on its failure to exercise discretion (e.g. adoption of a school calendar, compensation policies, etc.)Adopted: July 2, 1979Revised: November 13, 2000Revised: July 11, 2016