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Board Policies

Chapter II ~ Board of Trustees Governance and Operations (Section 9)

Grievances

<< Chapter II Index
(Section 10) Rules of Practice Governing Hearings >>

Grievances This grievance procedure shall provide for the equitable settlement of disputes in a timely manner, without the fear of reprisals. Earnest efforts shall be made, by all parties, to resolve disputes at the lowest level. At all times, the focus shall be on problem solving.

Definitions

  1. Grievance - A dispute arising from interpretation or applications of contract terms, District policies, and/or regulations.
  2. Grievant - Employee, or group of employees, or association representing employees filing grievance.
  3. Association - Association shall mean the group/organization recognized as the bargaining representative for that employee(s) classification.
  4. Class Action Grievances: Grievances directly affecting two or more grievants shall be filed at Level II. 
  5. Sexual Harassment Grievances - Sexual harassment grievances shall be filed at Level II.
  6. Written Grievance - The written grievance shall include the following:
    1. A description of the grievance.  
    2. Time-frame or date. 
    3. Identity of the party(ies) involved. 
    4. The provision of Board policy, regulations, or negotiated agreement in dispute. 
    5. A suggested remedy.
  7. Grievance File - A written record of the grievance kept by the Human Resources Office. This file shall be separate from the personnel file. The grievance shall not be referred to in any evaluation or recommendation of the grievant.
  8. Days - Days shall mean contract days for the grievant.
    1. The number of days indicated at each level shall be considered a maximum and every effort shall be made to expedite the process.
    2. Days shall mean all calendar days when the grievance is received either:
      1. within twenty (20) days of the end of the grievant's contract year; or
      2. after the end of the grievant's contract year.
    3. Any time period within this procedure may be modified by mutual written agreement between the parties involved. A copy of this agreement shall be provided to all parties.
  9. Time Limits -
    1. Filing: The grievance shall be presented within thirty contract days of the actual knowledge of the dispute.
    2. Resolution: At the end of each time limit, the grievance shall automatically proceed to the next level, if the process has not been completed.
  10. Representation - An employee may be represented at each level of the grievance. 
  11. Full Disclosure - All parties agree to provide the appropriate data, as it applies to the grievance. The District shall release individual(s) and their representative(s) to attend, at District cost, grievance meetings and hearings. 

Level I

  1. Time Limit - Five (5) days to complete after receipt of written grievance. Grievant presents immediate supervisor with a written grievance. A meeting shall be held between the grievant and the supervisor, with every effort made to resolve the grievance by consensus. The outcome of this meeting shall be:
    1. Resolution of the grievance; or
    2. Immediate elevation to Level II; or 
    3. Withdrawal of the grievance by the grievant.
    A written statement shall be developed and signed by all parties to document this outcome. Copies of this statement shall be given to all parties involved and kept in the grievance file.

Level II

  1. Time Limit - Ten (10) days to complete after receipt of the written statement elevating to Level II. Grievant and/or supervisor presents the grievance to the Superintendent. Within two (2) days, the Superintendent shall inform the grievant of the District Level Administrator assigned the grievance. A meeting shall be held between the grievant, supervisor, and District Level Administrator with every effort made to resolve the grievance by consensus. The outcome of this meeting shall be:
    1. Resolution of the grievance; or
    2. Immediate elevation to Level III; or
    3. Withdrawal of the grievance by the grievant.
    A written statement shall be developed and signed by all parties to document this outcome. Copies of this statement shall be given to all parties involved and kept in the grievance file.

Level III

  1. Time Limit - Ten (10) days to complete the Board hearing after receipt of the written statement elevating to Level III. The grievant and/or Superintendent present the grievance to the Chairman of the Board of Trustees. A hearing shall be held to resolve the grievance. The decision shall be rendered by the action of the Board at the next scheduled Board meeting following the hearing. Copies of hearing documentation and the written decision shall be given to all parties involved and kept in the grievance file.

Cross Reference - Chapter I, Section 5, Reporting Noncompliance; Chapter VI, Section 5, Scope of Negotiation; Chapter VII, Section 8, Special Instructional Programs for Students with Disabilities.

Adopted 9/14/87
Revised 7/1/96
Revised 6/28/99

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