Article 30: Complaints FUDTA
30.1 Public Complaints
30.1.1 No negative and/or unsatisfactory evaluation, assignment, discipline, dismissal, placement of material in the unit member's file, or other adverse action shall be predicated upon complaints, information, or material of a derogatory or critical nature which has been received by the District from pupils, parents, District employees, public agency, and/or the public unless the following procedures have been followed.
30.1.2 Complaints shall neither be placed in the unit member's personnel file nor utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member, unless specifically directed in the resolution to the complaint. In the event that the District takes unjustified adverse action as the result of a complaint, the unit member may challenge that action through the grievance procedure.
30.1.3 A unit member shall have the right to Association representation throughout all steps in the Complaint Process.
*30.1.4Â Steps in the Complaint Process
Complaint Filed
Any public complaint as defined in Article 30.1.1 about a unit member shall be reported to the unit member by the administrator receiving the complaint within three (3) school calendar workdays of receipt. The name of the complainant shall be given to the unit member. No action may be taken by the District on an anonymous complaint unless investigation and/or action is required by law.
Step I
The unit member shall have the right to attempt resolution of the complaint without involvement of the administration or to move to Step II and meet with the administrator as the facilitator.
Step II
If there is no resolution, the immediate supervisor shall attempt to schedule a meeting between the unit member and the complainant to be facilitated by the immediate supervisor, at which an Association representative may be present. The unit member shall be given time during the workday, without salary reduction, to prepare for such meeting.
If the complainant refuses to attend the meeting, the complaint shall be dropped.
A written summary of the meeting will be developed by those present, which shall include the resolution, roles, and responsibilities of those implementing the resolution, and a timeline for implementation.
Step III (Appeal 1)
If the matter is not resolved at the meeting to the satisfaction of the complainant, the complainant may appeal the decision. The complainant shall submit a signed written appeal on the District Complaint Appeal Form to the unit member with a copy to the unit member's immediate supervisor. If no appeal is received within five (5) school calendar workdays, the matter shall be dropped.
The unit member shall be given time during the workday, without salary deduction, to review the appeal and prepare responsive comments. A meeting shall be held within five (5) school calendar workdays between the unit member and the immediate supervisor at which an Association representative may be present to attempt a mutually agreeable resolution.
A written summary of the meeting will be developed by those present, which shall include the resolution, roles, and responsibilities of those implementing the resolution, and a timeline for implementation.
Step IV (Appeal 2)
A unit member or the complainant may request or be requested to attend a meeting with the designated District Director held at Step IV (Appeal 2). A request must be made within five (5) school calendar days of receipt of Step III (Appeal 1) written summary or the matter will be dropped. A unit member may request an Association representative to be present to attempt a mutually agreeable resolution. A determination to either uphold, change, or modify the resolution will occur within fifteen (15) school calendar workdays.
A written summary of the meeting will be developed by those present, which shall include the resolution, roles, and responsibilities of those implementing the resolution, and a timeline for implementation.
Step V (Appeal 3)
A unit member or complainant may submit a written appeal to the District Complaint Officer within five (5) school calendar workdays. A unit member will have the option to meet with the District Complaint Officer at which an Association representative may be present to attempt a mutually agreeable resolution.
A written summary of the meeting will be developed by the District Complaint Officer whose determination is final.
30.2 Any unit member who is required to attend any meeting dealing with written administrative reprimands or possible disciplinary action such as suspension, demotion, dismissal, or non-renewal shall be afforded the opportunity to have a representative selected consistent with the right to representation accorded by Articles 6 and 28. The unit member shall be notified at least three (3) school calendar work days before such meeting takes place of the topics and subject matter of such meeting in order that the unit member may adequately prepare a position on such topics and/or subject matter.
30.2.1 In the event that the Superintendent or a designee believes that the unit member's presence on campus presents an immediate danger to the unit member or others, the meeting shall be scheduled at an off-campus location.
30.2.2 The unit member has the right to waive the hearing.
30.3 The Board shall take no action on a complaint or use it as a basis for any action against a unit member, which has not been brought to the attention of the unit member, and if the unit member has not been afforded the opportunity to present the unit member’s version of the facts underlying the complaint.
30.4 No complaint or complaint materials shall be distributed to unit members other than those unit members specifically identified in the complaint, except as necessary in the grievance procedure, governed by Article 6. Unit members shall have the right to Association representation at all levels of the complaint process when an administrator is also present. The District shall notify the Association at least five (5) school calendar workdays in advance of any District-level Step IV (Appeal 2) Complaint Hearing involving an Association unit member.
Article 30 District Complaint Form
Download a COMPLAINT PROCESS FLOWCHART FUDTA that reflects the complaint process for complaints against Certificated Fremont Unified District Teachers Association (FUDTA) Members (Employees: Teachers, Substitutes, Counselors, Nurses, Psychologists, Speech Therapists, and Librarians).