JII - Grievances Abusive Conduct

Emery County School District

Policy: JII—Grievances Regarding Abusive Conduct

Date Adopted: 8 August 2018

Current Review / Revision: 8 August 2018

Purpose

The purpose of this policy is to provide employees an orderly process for the resolution of grievances regarding abusive conduct by students or parents, as required by statute.

Utah Code § 53G-9-605(3)(f) (2018)

Definition of abusive conduct

"Abusive conduct" means verbal, nonverbal, or physical conduct of a parent or student directed toward a school employee that, based on its severity, nature, and frequency of occurrence, a reasonable person would determine is intended to cause intimidation, humiliation, or unwarranted distress. A single act does not constitute abusive conduct.

Utah Code § 53G-9-601(1) (2018)

Grievance process

An employee who has experienced abusive conduct by a student or parent may present a grievance regarding such conduct. The grievance shall be in writing, shall specify the particular conduct complained of, shall identify the student(s) and parent(s) engaging in the abusive conduct, and shall specify the employee's proposed resolution of the grievance. The grievance shall be delivered to the school principal or the principal's designee.

Upon receipt of the grievance, the principal or designee shall investigate the grievance, including obtaining information regarding the allegations from the student and the student's parent(s) or guardian(s). The principal or designee shall determine what relief, if any, may be appropriate to provide to the employee and shall provide such relief. The principal or designee may, if appropriate, provide an opportunity to the student or parent to respond regarding the employee's proposed resolution. The principal or designee shall also, if the student has not previously been disciplined for the alleged abusive conduct, consider whether disciplinary action should be taken against the student. Any such disciplinary action shall be handled separately from the grievance and according to the student discipline policies.

If the employee is dissatisfied with the decision of the principal or designee regarding the grievance, the employee may implement a grievance under the District's general grievance policy, Policy GBK, Staff Complaints and Grievances.

Utah Admin. Rules R277-613-5(7) (April 9, 2018)

Utah Admin. Rules R277-613-7(2) (April 9, 2018)

Time Limitation—

To be considered under this policy, a grievance regarding abusive conduct must be presented no later than 30 days after the latest incident of conduct complained of.