Grievances, Whistle-blowing, and Complaints B 4.11

DIVISION B POLICIES

Section 4 Governance Process

B 4.11 Grievances, Whistle-blowing, and Complaints

The board shall have a written policy on the handling of grievances, whistle-blowing, and complaints.

4.11.1 Definitions of grievance, complaint, and whistle-blowing

4.11.1.1 Complaint: discontent or disagreement with conduct or decisions and/or administrative policies, procedures, management style, etc.

4.11.1.2 Grievance: protest against board policy being violated to one’s detriment, or the application of board policy in an unjust or unfair manner.

4.11.1.3 Whistle-blowing: exposing wrongdoing within an organization, whether unethical or immoral, or violations of board policy.

4.11.2 Scope of policy

This policy is intended to address the handling of grievances and whistle-blowing, as defined above, but not that of complaints, which are to be dealt with at the administrative level, going no higher than the head of school. Administrators and staff are expected to respond courteously to complaints, but it will be up to their judgment as to whether the complaint should be acted upon.

4.11.2.1 The process of addressing a grievance is based on the following principles:

4.11.2.1.1 Speaking up when one believes he/she has been wronged, rather than harboring resentment (Matthew 18:15)

4.11.2.1.2 Anyone accused of wrongdoing has the right to be heard.

4.11.2.1.3 Attempting to contain the matter to as limited a number of persons as possible during the attempt to resolve the problem (Matthew 18:15-17)

4.11.2.1.4 Being sensitive to the feelings of others and noticing when others seem to have been hurt by one's actions (Matthew 5:23-24)

4.11.2.1.5 Settling matters quickly (Matthew 5:25)

4.11.2.1.6 Speaking truthfully, but in a loving manner (Ephesians 4:15)

4.11.2.1.7 Common courtesy (Romans 12:10)

4.11.2.1.8 Allowing reasonable time for resolution before proceeding to the next step

4.11.2.1.9 Documenting grievances and attempts at resolving the grievance

4.11.2.1.10 Abiding by the disputed policy or decision until the matter is resolved

4.11.2.1.11 Not persisting in a grievance once the full appeal process has been finalized

4.11.2.1.12 While uniformity is not required, and diversity of opinion is encouraged, unity is to be preserved, and dissension avoided. (Ephesians 4:3, 11-13)

4.11.2.1.13 All parties have the right to legal counsel and have the right to call witnesses.

4.11.3 Grievance policy

4.11.3.1 A person (or couple) with a grievance must represent himself/herself, but may ask one other person to accompany him/her even at the first step of the process. No one may seek redress for a grievance on behalf of another person.

4.11.3.2 The head of school shall not fail to have a written administrative policy outlining the process by which grievances are to be addressed. (cf. B 2.2.16, B 2.3.9)

4.11.3.3 If resolution is not reached at the head of school level, a grievance appeal may be taken to the board. (SY 12-13:234)

4.11.3.3.1 A copy of the grievance and documentation should be presented to the board chair.

4.11.3.3.2 The board executive committee will determine if it is appropriate for the grievance appeal to be heard by the board. If it is, the board will act upon the grievance and record the proceedings.

4.11.3.3.3 All decisions of the board are final. Those who persist in a grievance, by either word or deed, after final action of the board, will be subject to discipline, up to the point of being asked to leave the school.

4.11.4 Whistle-blowing

4.11.4.1 A whistle-blower who believes he/she has knowledge of wrongdoing at CAJ may speak to the authority over the alleged wrongdoer without going first to the wrongdoer, if he/she is quite sure that confirmation will be hindered by alerting the wrongdoer first.

4.11.4.2 A whistle-blower who has acted in good faith and has demonstrated a lack of malice in reporting what could turn out to be unfounded, may not be disciplined for calling attention to what he/she believes is wrongdoing in the school.

4.11.4.3 The head of school shall not fail to have a written administrative policy outlining the process by which whistle-blowing incidents are to be addressed.

4.11.4.4 If resolution is not reached at the head of school level, a whistle-blower's report may be taken to the board by either party. (SY 12-13:235)

4.11.4.4.1 A copy of the written report and any available documentation should be presented to the board chair.

4.11.4.4.2 The board executive committee will determine if it is appropriate for the whistle-blowing incident to be heard by the board. If it is, the board will act upon the report and record the proceedings.

4.11.5 Board Level Complaint or Grievance

Process of addressing a complaint or grievance from board members, including the Head of School, against the Board Chair. (SY16-17:33)

Step 1 (Private Approach)

A person who has a complaint against the board chair is to first privately communicate the complaint verbally, giving opportunity for positive dialogue. If the board chair responds positively to the airing of the complaint, the person with the complaint is to allow an agreed-upon period of time to ensure that the complaint is resolved.

If the agreed-upon time passes without steps being taken toward resolution or if the board chair responds negatively and does not agree to resolve the issue, it may be necessary to proceed to step 2.

Step 2 (With Others)

If resolution is not reached, the person with the complaint, along with one or more witnesses, should set a mutually convenient time to meet with the board chair. During this meeting, a written statement of the complaint should be presented to the board chair, again giving opportunity for positive dialogue. A dated, signed copy of the statement should be kept. Before proceeding to the next step, the party (parties) with the complaint must allow an agreed-upon period of time to pass so that resolution may be reached.

If the agreed-upon time passes without steps being taken toward resolution or if the board chair refuses to meet or responds negatively and does not agree to resolve the issue, it may be necessary to proceed to step 3.

Step 3 (Executive Committee minus the Board Chair)

If resolution is still not reached, the person with the complaint and the witnesses should approach the executive committee and share the complaint. A copy of the written statement is to be given to the executive committee. They will research the complaint, talk with all primary parties, and act upon the complaint in a timely manner. The executive committee will document the decision and will report it to all parties involved. All decisions of the executive committee are final. Those who persist in a grievance, by either word or deed, after final action of the executive committee, will be subject to discipline, up to the point of being asked to resign their position on the board.

If the agreed-upon time passes without steps being taken toward resolution or if the board chair refuses to meet, responds negatively, or does not agree to resolve the issue, it may be necessary to proceed to step 4.

Step 4 (Board of Directors minus the Board Chair)

If resolution is not reached at the executive committee level, the executive committee, minus the board chair, along with the person with the complaint must make a grievance/whistle-blowing appeal to the Board of Directors minus the Board Chair.

A copy of the grievance and documentation should be presented to the Board of Directors minus the Board Chair.

All decisions of the Board of Directors minus the Board Chair are final. Those who persist in a grievance, by either word or deed, after final action of the board, will be subject to discipline, up to the point of being asked to resign their position on the board.

(SY 05-06: 53, 106; SY 16-17: 33)

(Page archived 12/14) (Page revised 5/17)