Carthage R-IX

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R 4850 Staff Dispute Resolution (Grievance Procedure)

Definitions

Grievance – A claim by a nonsupervisory employee or employees that a written Board policy or administrative regulation has been violated or misapplied. This policy is not applicable to the content of performance evaluations nor to decisions for which state statute may provide a means of resolving disputes, including but not limited to nonrenewal, termination and reduction in force.

Day – When the dispute resolution policy requires certain action to be taken within a specific number of days, days means working days and specifically excludes weekends and school holidays. In counting days, the day on which the event initiating the time limit is not counted.

Grievance Process

Grievances will be processed according to the step-by-step process outlined below, with the following exceptions.  If a person designated to hear a grievance is the subject of the grievance, the grievance process will begin at the next highest step.  If a grievance is directly based on official Board action, the grievance shall be directed to the Board President.

Investigation and reporting deadlines may be extended when more time is necessary to adequately conduct an investigation and to render a decision.  The employee will be notified when deadlines are extended.

Informal Resolution

Employees who believe that a written Board policy or administrative regulation has been violated must meet with their immediate supervisor within ten (10) days of the alleged violation. The purpose of this informal conference is to attempt to provide clarification of the issue and, where possible, resolve the dispute.

If the dispute is not resolved within five (5) working days of the informal conference, the employee may initiate the formal procedure by submitting a written grievance to the employee’s immediate supervisor within ten (10) days of the informal conference.  The written grievance must clearly indicate that it is a grievance and specify which provision(s) of policy or regulation were allegedly violated.

Step One:  Immediate Supervisor

Within five (5) days of receipt of the written grievance, the immediate supervisor will schedule a meeting with the employee. Within ten (10) days of this conference, the immediate supervisor will investigate the matter and provide the employee with a written response to the grievance.

Step Two:  Review by the Superintendent

If the employee is not satisfied with the resolution at Step One, the employee may refer the dispute in writing to the Superintendent or designee.  If the Superintendent is the subject of the grievance, the employee may skip Step Two and refer the dispute in writing directly to the Board President. 

To proceed to Step Two, the written dispute referral must be submitted to the Superintendent or designee within five (5) days of receipt of the Step One decision. Within five (5) days of receipt of the written referral, the Superintendent shall schedule a conference with the employee.  Within ten (10) days of this conference, the Superintendent will investigate the matter and provide the employee with a written response to the grievance.

Step Three:  Board of Education Review

 If the employee is not satisfied with the resolution of Step Two, the employee may refer the dispute in writing for the Board’s consideration.

To proceed to Step Three, the written dispute referral must be submitted to the Superintendent or Board President as noted in Step Two within five (5) days of receipt of the Step Two decision. At the next regular Board meeting following submission of the Step Three referral, the Board will consider the grievance and determine whether to conduct a formal review of the grievance.  If the Board determines that its formal review is not necessary, the decision at Step Two becomes final.

If the Board determines that its formal review is warranted by the grievance, the Board will set a date for formal review. At formal review both parties are entitled to be represented by legal counsel. Procedures for formal presentations of the dispute are determined by the Board in its discretion. Within ten (10) days of the formal review, the Board will provide the employee with its written decision. The decision of the Board is final and binding on all parties.

Miscellaneous Provisions

  1. Failure of an employee to comply with the timelines provided in the procedures above will result in final rejection of the dispute. Failure of an employee to appeal a decision within the timelines provided will be considered acceptance of the findings and remedial action taken. The district will not consider late appeals.
  2. Failure of the administrator to comply with the timelines provided in the procedures above will result in the dispute being advanced to the next step.
  3. Neither party to a dispute will be permitted to add witnesses or documentation which were not provided at preceding steps.
  4. No employee will be retaliated against for the good faith submission and processing of a dispute under these regulations.

Board Approved Date: May 16, 2016
Last Updated: May 2016