9140.1-R Staff Complaints And Grievances Regulation

Definitions

1. Grievant shall mean an employee who alleges a grievance.


2. Grievance shall mean any alleged violation of laws, regulations, rules or governing procedures which relates to employee health or safety, physical facilities, materials or equipment furnished. It does not include complaints regarding compensation or benefits.

This regulation and accompanying policy (9140.1) provide grievance procedures for those employees not covered by collective bargaining agreements or whose negotiated agreements do not include grievance procedures.  The resolution of staff complaints shall be dealt with n the following manner:

Stages

1. Stage I – Supervisor
   1. Within 30 business days after the events giving rise to the grievance, the grievant shall present the grievance orally or in writing to their supervisor. The supervisor may informally discuss the grievance with the grievant.  He/She shall promptly investigate the complaint.  All employees of the school district shall cooperate with the supervisor in such investigation.
   
   
   2. Within 15 business days of hearing of the grievance, the supervisor shall make a finding in writing that there has or has not been a violation of the applicable work rule or other governing procedure.  In the event the supervisor finds that there has been a violation, he/she shall propose a resolution of the complaint.
   
   
   3. If the grievant is not satisfied with the finding of the supervisor, file a written request for review by the Superintendent of Schools.
   
   
    
2. Stage II – Superintendent of Schools
   1. The Superintendent or his/her designee may request that the grievant, the supervisor, or any member of the school district staff present a written statement to him/her setting forth any information that such person has relative to the grievance and the facts surrounding it.
   
   
   2. The superintendent shall notify all parties concerned as to the time and place when an informal hearing will be held where such parties may appear and present oral and written statements supplementing their position in the case.  The grievant may be accompanied by representation.  Such hearing shall be held within 15 workdays of the receipt of the appeal by the Superintendent.
       
   3. Within 15 business days of the hearing, the Superintendent shall render his/her determination in writing.  Such determination shall include a finding that there has or has not been a violation of the applicable work rule or other governing procedure and a proposal for equitably resolving the complaint.
       
   4. If the grievant is not satisfied with the determination of the Superintendent, the grievant may, within 15 business days after its receipt, file with the Clerk of the Board of Education a written request for review by the Board.
       
3. Stage III – Board of Education
   1. When a request for review by the Board has been made, the Superintendent shall submit all written statements and other materials concerning the case to the President of the Board. 
   
   
   2. The Board shall notify all parties concerned of the time and place when a hearing will be held.  Such hearing will be held within 15 business days of the receipt of the request of the grievant.   All parties concerned shall have the right to present further statements and testimony at such hearing.
   
   
   3. The Board shall render a decision in writing within 15 business days after the hearing has been concluded.
   
   
    

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