The grievance procedure is a positive process through
which relationships and communications between students, parents
and employees may be improved. The primary purpose of the grievance
procedure is to secure an equitable resolution to the claim of
the parents, and all parties involved shall show a good faith
attempt to resolve the claim at the lowest possible administrative
level. During all grievance conferences and hearings, effort shall
be focused on finding a resolution to the problem, rather than
merely describing or elaborating on the problem itself. No coercion,
discrimination, or reprisal of any kind shall be taken by the
Board or by any administrator against any student because of his/her
or his/her parent's participation in the grievance procedure.
I. Definitions
A.
A "grievant" refers to any student
currently enrolled in Phoenix Academy, Inc. (PA) or his/her
parent who files a grievance.
B.
A "grievance" refers to a claim based on an
event or condition that adversely affects a parent or his/her
child, allegedly caused by a violation, misinterpretation,
or inequitable application of Federal or State statutes
and/or PA policies and administrative procedures. A grievance
does not apply to:
1. Any matter for which a method of review is prescribed
by Federal or State law;
2. Any matter that is beyond the scope of the authority
of PA Board.
3. Any matter involving a suspension of more than ten (l0)
days
4. Any exceptional child issue that is addressed by separate
procedures and regulations established by PA policy or State
or Federal law; or
C.
The "parties of interest" or "interested
parties" refer to the person who is filing the grievance,
any employee who might be required to take action or against
whom action might be taken in order to resolve the grievance,
and the designated third party representatives.
D.
"Day or Days" means school days excluding
teacher workdays, holidays, designated vacation days, and
weekends (unless otherwise noted).
II. Right to Representation Both grievant and the person against whom the grievance
is being filed may be represented at all stages of the informal
and formal grievance procedures by a third party representative
whose role and type of participation shall be determined by the
parties of interest. Third party representation shall exclude
legal counsel at all conferences and hearings at administrative
levels below the first level of appeal.
III. Procedures and Timeliness The individual filing a grievance may elect to begin
with the informal or formal procedure.
A. Informal Grievance
1.
Informal grievances against school-based employees
other than managing director:
Within five (5) days following the event
or condition that is the basis for the grievance, the individual
may request an appointment with the employee with whom they
disagree to present the matter orally. Within five (5) days
following the conference request, the employee shall confer
with the grievant and attempt to resolve the grievance through
an oral response. If the grievant is not satisfied with
the employee's oral response, the informal grievance may
advance to the managing director in the event that the original
grievance did not involve the managing director. Any grievance
that is not advanced to the next level of authority or to
the formal procedure within five (5) days following the
oral response shall be deemed abandoned. The managing director
shall then consider the grievance and provide an oral response
to the grievant within five (5) days. In the event that
the grievant is still not satisfied with the outcome of
the grievance, he/she must file a formal grievance within
five (5) days of the oral response of the managing director
or the grievance will be deemed abandoned.
2.
Informal grievances involving Managing Director:
In the event that the Managing Director
is the employee to whom the grievance was addressed originally,
the grievant must within five (5) days following the event
or condition that is the basis for the grievance request
an appointment with the managing director to present the
matter orally. Within five (5) days following the conference
request, the managing director shall confer with the grievant
and attempt to resolve the grievance through an oral response.
If the grievant is not satisfied with the managing director's
oral response, he/she must file a formal grievance within
five (5) days of the oral response of the managing director
or the appeal is deemed abandoned.
B. Formal Grievance
In the formal grievance procedure, the grievance is
filed in writing, using the Formal Grievance Form, and the person
receiving the grievance responds in writing. All written documents,
formal communications, and any school records pertaining to the
grievance proceedings shall be forwarded to the next level of
appeal in the event that the matter is appealed. All written and
taped records, including informal notes, of the grievance proceedings
shall be destroyed thirty (30) calendar days following the final
conference or appeal. Written records of the grievance proceedings
shall not be filed in the file of the student.
1.
Formal Grievances against school-based employees
other than the administration:
Within five (5) days following the event
or condition that is the basis for the grievance, the individual
may file a written grievance form, including all information
requested on the form. A copy of the Formal
Grievance Form is attached hereto. The written statement
of grievance shall include, at a minimum:
- the name of the person against whom the grievance
is being filed;
- the specific nature of the grievance and a thorough
description of the conduct, event, policy or regulation
or other matter to be considered;
- the date, time, and place of the event or condition
that caused the grievance;
- the action requested to resolve the grievance;
- the name and title of the third party representative
of the grievant; and
- the signature of the grievant.
Within five (5) days following the receipt of the written
grievance, the employee shall meet with the grievant to
attempt to resolve the grievance. Within five (5) days following
the conference, the employee shall provide the grievant
with a written response to the grievance. The written response
must be signed and dated by the grievant, or it must be
sent to the grievant through certified mail. Any formal
grievance that is not advanced to the managing director
within five (5) days following the receipt of the employee's
written response shall be deemed abandoned. In the event
that the grievance advances to the managing director, the
managing director shall then consider the grievance within
five (5) days of receiving notice of appeal from the employee's
response and provide a written response to the grievant
within five (5) days. In the event that the grievant is
still not satisfied with the outcome of the grievance, he/she
must file the Formal
Grievance Appeal Form, a copy of which is attached hereto,
to the appropriate executive director within five (5) days
of the written response of the Managing Director or the
grievance will be deemed abandoned.
IV. Confidentiality
All conferences, hearings, informal and formal written
records, and tapes are confidential and shall not be shared in
any manner with any person(s) except the interested parties.
Phoenix Academy
•
4020 Meeting Way at Mendenhall •
High Point, NC 27265 •
Phone - 336.869.0079 •
Fax - 336.869.3399
