Local units of administration shall establish a complaint policy
that shall include the following: (1) A statement that a complaint by the certified employee at the
initial level shall be in writing and shall clearly state the
intent of the employee to access the complaints policy. All
certified employees shall request in writing successive levels of
review; (2) A method and time frame for filing complaints and appeals,
including successive levels of appeal from the complainant's
immediate supervisor to the central office administrator to the
local unit of administration, provided that the complainant shall
be entitled to file a complaint within ten days from the most
recent incident upon which the complaint is based, and provided
that the complainant shall have a minimum of ten days to file an
appeal at any level up to and including the local unit of
administration, and provided that the total time frame shall not
exceed 60 days from the initiation of the complaint until
notification to the complainant of the decision rendered by the
local unit of administration; (3) A statement setting forth the manner in which notice of the
initial hearing and appeals shall be given; (4) A statement that the complainant shall be entitled to an
opportunity to be heard, to present relevant evidence, and to
examine witnesses at each level; (5) A provision whereby the complainant is entitled to the
presence of an individual of his or her choice to assist in the
presentation of the complaint to the central office administrator
and at the local unit of administration level. The policy shall
also include a provision whereby the presence of any individual
other than the complainant and the administrator at any lower
level is specifically prohibited. At the local unit of
administration level nothing shall prevent the local unit from
having an attorney present to serve as the law officer who shall
rule on issues of law and who shall not participate in the
presentation of the case for the administrator or the complainant; (6) Provisions for keeping an accurate record of the proceedings
at each level, requiring the proceedings to be recorded by
mechanical means, preserving all evidence, and requiring that
these be made available at all times to the parties involved but
which provisions do not permit the presence of a third person at
any level below the central office administrator or local unit of
administration level; (7) A statement that the complainant cannot present additional
evidence at each level of the complaint process unless it is
submitted in writing by the complainant five days prior to the set
date for the Level II and Level III hearing to the administrator
presiding over the complaint. The board of the local unit of
administration, when hearing an appeal from a prior complaint
level, shall hear the complaint de novo; (8) A statement that each decision be made in writing and dated.
Each decision shall contain findings of fact and reasons for the
particular resolution reached. The decision reached at each
complaint level shall be sent to the complainant by certified mail
or statutory overnight delivery or hand delivered by a person
designated by the central office administrator within 20 days of
the decision; (9) A statement that any complaint not processed by the
administrator or the local unit of administration within the time
frames required by the local complaint procedure and this part
shall be forwarded to the next level of the complaint procedure; (10) A provision that all costs and fees shall be borne by the
party incurring them unless otherwise agreed upon by the parties
involved, except that the cost of preparing and preserving the
record of the proceedings shall be borne by the local board of
education; and (11) A statement that a complainant shall not be the subject of
any reprisal as a result of filing a complaint under this part.
Should any reprisal occur, the complainant may refer the matter to
the Professional Standards Commission. |