PURPOSE: The purpose of this policy and procedure is to insure that when youths in Division of Youth Services /DYSI residential facilities ham a eom- &ini that the &plaint will not be lost or ignored.
(1) In an institution this procedure calls for the appointment of a grievance committee which will hear all grievances of students that cannot be resolved to the youth’s satisfaction at the cottage committee or cottage-team level.
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- (2) Any student who has a grievance shall submit it in written form to the cottage committee or cottage team. This committee shall reply, in writing, to the student, with a copy to the superintendent, of whatever action was taken concerning the grievance. If the reply is not satisfactory to the student, the student may then notify the superintendent in writing. The grievance will be conveyed to the grievance committee along with the action suggested or taken by the cottage committee. The student will be advised of the date the grievance committee will consider his/her complaint and the student may request that any person represent him/her at the hearing. The student will have the right to crossexamine, call witnesses or present any testimony in his/her behalf.
- (3) The findings of the grievance committee will be final. Records of action taken will be kept on file for future reference concerning policy or future complaints on the part of the student. The student will be given a copy of the findings and of other information s/he desires.
~.. (4) The grievance committee should be appointed by the administration of the institution. The duty, however, may be assigned to an existing (other than cottage) committee, if the administration so chooses. The membership ofthis committee shouldrepresent acrosssection of theinstitutional staff. This committee shall consist of impartial members and this impartiality will be monitored by the administration of the institution. Provision to disqualify any member who is directly involved in a particular grievance should be estab lished.
- (5) Grievance procedures for group homes should basically follow the institutional format except, that if the grievance cannot be satisfied at the group home committee level, the regional administrator will act as an arbitrator and set the policy which will be considered final action on the matter. The student, however, will have the same right to present his/her ease to the regional administrator in that the student may request any person to represent him/her at the hearing. S/he shall also have the right of crossexamination and to present witnesses for testimony in his/her behalf. The regional administrator shall maintain impartiality; and if for some reason s/he cannot be impar. tial, s/he shall appoint a third party to hear the grievance. Written procedure as outlined in this rule will be followed on the part of the student and staff.
- (6) It shall be the duty of the administrator of each program to oversee the implementation of the grievance procedure and interpret to youth and staff the following areas which will be considered for grievances: 1) physical abuse; 2) staff allowing physical abuse to a student by another student(s); 3) lack of medical or dental treatment; 4) no opportunity for three (3) meals per day; 5) verbal abuse by staff; 6) lack of opportunity for recreational activities; 7) lack of opportunity for education; and 8) infringements upon religious tenets.
(7) If in the implementation of this procedure, a staff member practices prejudice against the youth who has filed the grievance and this prejudice is found to be a result of the youth’s complaint, the staff member concerned shall be subject to immediate dismissal.
Auth: section 219.036, RSMo (1986). Original rule filed Dec. 30,1975, effectiue Jan. 9,1976.