Policy 5142 - Certified Employee Grievance Procedure

The purpose of this policy is to secure, at the lowest possible administrative level, equitable solutions to grievances. Proceedings will be kept as informal and confidential as possible at any level of the procedure.

A. GUIDELINES

  1. A written grievance shall meet the following specifications:
    • It shall be specific, stating the specific section of the contract or policy which has allegedly been violated and the manner in which it has been violated.
    • It shall state the date of the alleged violation.
    • It shall contain a synopsis of the facts giving rise to the alleged violation.
    • It may include a list of witnesses, if appropriate.
    • It shall state the relief requested.
    • It shall be signed by the grievant(s).
  2. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level shall constitute the maximum and every effort will be made to expedite the process. Time limits herein designated may be extended by mutual agreement between the grievant(s) and the Superintendent, or by extenuating circumstances.
  3. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, all parties shall use their best efforts to process such grievance prior to the end of school or as soon thereafter as possible.
  4. A written grievance shall not be recognized unless it shall have been presented at the appropriate level within ten (10) business days after the event that forms the subject matter of the grievance.
    • If a grievant fails to appeal a decision at any level within the prescribed time limits, he/she shall have waived his/her right to further processing of that grievance.
    • If the administration, at any level, fails to respond within the prescribed time limits, the grievance may be advanced to the next level of the procedure.
    • The term grievance shall not apply to any matter in which the method of review is prescribed by law. Evaluation and probation may be grieved only regarding process and/or procedure.
  5. All written and printed documents dealing with the grievance will be filed separately from the personnel file of the grievant(s).
  6. There shall be no reprisal, restraint, interference, coercion, or discrimination by the District or its employees, and/or the grievant against any person involved in the grievance procedure.
  7. At each level of the grievance procedure, any party may be accompanied by a representative of his/her choice. Accompaniment of legal counsel by either party requires a notice of three (3) business days.

B. Definitions

  1. Grievance – a ‘grievance’ shall mean a claim that there has been a violation, misapplication or misinterpretation of any of the provisions of the negotiated contract or written board policy.
  2. Grievant – a ‘grievant’ is an employee or a group of employees asserting a grievance.
  3. Party In Interest – a ‘party in interest’ is an employee who might be required to take action, or against whom action might be taken, in order to resolve a grievance.
  4. Day – a ‘day’, as used in this procedure, means any day, Monday through Friday, exclusive of holidays.

C. Procedure

LEVEL ONE:
The Board recognizes and acknowledges that it is most desirable for an employee and his/her appropriate administrator to resolve problems through free and informal verbal communication. The employee may present his/her grievance to the Principal or appropriate administrator and make every effort to resolve the grievance in an informal manner. The grievant must inform the Principal or administrator that they are presenting a formal grievance. The administration shall respond in writing within five (5) days following presentation of the grievance.

If the grievance alleges a violation of Title IX, Title II, Section 504 of the Rehabilitation Act, or harassment of the legal protected classifications, the Principal/Supervisor shall turn over the complaint to the Superintendent. The Superintendent or designee will complete an investigation within fifteen (15) days upon the initial grievance. If the grievant is not satisfied with the Superintendent’s findings regarding allegations of a violation of Title IX, Title II, Section 504 of the Rehabilitation Act, or harassment of the legal protected classifications, then the grievant may submit the grievance in writing to Level Four.

LEVEL TWO:
If the grievant is not satisfied with the disposition of the grievance at Level One, the grievance may be submitted within three (3) days thereafter to the Principal or appropriate administrator in written form. The Administrator shall arrange for a meeting to take place within three (3) days following receipt of the written grievance. The Administrator shall provide the grievant with a written answer to the grievance within three (3) days after the meeting. Such answer shall include the reasons upon which the decision was based.

LEVEL THREE:
If the grievant is not satisfied with the disposition of the grievance at Level Two, then within three (3) days the grievant will submit the grievance to the Superintendent or his/her designee. Within five (5) days of receipt of the appeal the Superintendent or designee shall arrange for a meeting to be held with the grievant. As part of the process the Superintendent shall conduct an investigation that may include but not limited to the following: interview all witnesses or read and consider their statements, meet with interested parties and, at the discretion of the Superintendent, interview other witnesses or interested parties. Upon conclusion of the investigation, the Superintendent will have ten (10) days to provide a written decision, together with reasons for the decision, to the grievant.

LEVEL FOUR:
If the grievant is not satisfied with the disposition of the grievance at Level Three, then within five (5) days the grievance may be referred to the School Board of Trustees in writing. Upon receipt of the appeal, the Board shall arrange for a closed meeting to be held at the next scheduled board meeting, with the Board, the grievant, parties in interest, and/or legal counsel(s). If either party will have legal counsel at the hearing, the other party shall be notified three (3) days in advance. The board will be provided with a docket of all documentation submitted, received, and issued. The parties in interest may produce witnesses and evidence as they deem necessary to develop facts pertinent to the grievance. The board at its discretion can ask questions and interview other witnesses or interested parties. Upon conclusion of the meeting, the Board will have ten (10) days to provide a written decision, together with reasons for that decision, to the grievant. The Board’s decision completes the grievance process.

Adopted: Nov. 21, 2003
Revised: Jan. 20, 2016; August 17, 2016