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Back to Index | Relevant Policy - 7.18 Support Staff Complaints and Grievances
7.18.P.1 Support Staff Complaints and Grievances
PROCEDURE PROCEDURE
Definitions

A grievance is a claim by a District employee alleging a violation or misinterpretation, as to the employee, of any District policy or procedure that directly and specifically governs the employee's terms and conditions of employment.

A grievant shall be any employee of the District filing a grievance.

Terms and conditions of employment means the hours of employment, the compensation therefor, including fringe benefits, and the employer's personnel policies directly affecting the employee.  In the case of professional staff employees, the term does not include educational policies of the District.  A day is any day in which the schools of the District are operating.  The immediate supervisor is the lowest-level administrator having line supervisory authority over the grievant.

Informal  Level

Before filing a formal written grievance, the grievant must attempt to resolve it by one or more informal conferences with the immediate supervisor.  The first of these informal conferences must be conducted within ten (10) days after the employee knew, or should have known, of the act or omission giving rise to the grievance.  A second or any subsequent conference must occur within five (5) days after the initial informal conference, or any subsequent conference.

Formal  Level

Level I.  Within five (5) days after the last informal conference, the grievant must present the grievance in writing to the immediate supervisor.
The grievance shall be a clear, concise statement of the circumstances giving rise to the grievance, a citation of the specific article, section, and paragraph of the policy or procedure that directly and specifically governs the employee's terms and conditions of employment that are alleged to have been violated, the decision rendered at the informal conference, and the specific remedy sought.

The immediate supervisor shall communicate a decision to the employee in writing within five (5) days after receiving the grievance.

Within the above time limits either party may request a personal conference to attempt to resolve the matter.

Level II.  In the event the grievant is not satisfied with the decision at Level I, the decision may be appealed to the Superintendent within five (5) days after receipt of the decision.

The appeal shall include a copy of the original grievance, the decision rendered, and a clear, concise statement of the reasons for the appeal.  The Superintendent shall communicate a decision within five (5) days after receiving the appeal.  Either the grievant or the Superintendent may request a personal conference within the above time limits.

Level III.  If the grievant is not satisfied with the decision at Level II, the grievant may, within five (5) days, submit an appeal in writing to the President of the Governing Board.  The Board will review the appeal and will issue a response within fifteen (15) days.  The Board response constitutes the final decision.

General  Provisions

Section 1.  Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed an acceptance of the decision rendered at that step, and there shall be no further right of appeal.  Failure to file a grievance within ten (10) days after the employee knows, or should have known, of the circumstances upon which the grievance is based shall constitute a waiver of that grievance.

Section 2.  The filing or pendency of any grievance under the provisions of this policy shall in no way operate to impede, delay, or interfere with the jurisdiction of the Governing Board or the Superintendent.

Section 3.  No reprisals will be taken against an employee involved in initiating a grievance or against anyone called upon to make a presentation at a grievance hearing.