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GBM-AR - Grievance Procedure

Code: GBM-AR
Adopted: 8/26/15
 

Definitions

  1.  Grievance - Shall mean a claim by an employee or group of employees that he/she (or they) has (have) been treated inequitably by reason of any act or condition which is contrary to established Board policy governing or affecting employees.
  2.  Aggrieved - Is the person or persons who has the grievance and is presenting the claim, also referred to as the claimant, or the association making the claim.
  3.  Party in Interest - Is either the person or persons making the claim or the person or persons against whom the claim is made.
  4.  Consultant - Is the one who advises either party in interest.
  5.  Representative - Is one who may speak for and/or advise a party in interest.
  6.  Immediate Supervisor - Is the one who had direct administrative or supervisory responsibility over the aggrieved in the area of grievance as stated in Board policy.
  7.  Days - The term “days” when used in this article shall, except where otherwise indicated, mean the aggrieved’s working days.
  8.  Persons Officially Involved - Means the superintendent, his/her representative and/or consultants, the aggrieved, his/her representatives and/or consultants and witnesses.

General Procedures

  1.  The grievance procedures shall be processed within specified lengths of time.  The lengths of time are specified in this policy under “Levels of Grievance.”
  2.  Parties shall make good faith effort to shorten the number of days involved, particularly as related to the end of the school year.  Time limits may be extended by mutual agreement.
  3.  All parties in interest have a right to consultants or representatives of their own choosing at each level of these grievance procedures.
  4.  There shall be no restraint, interference, discrimination or reprisal exerted on any employee choosing to use these procedures for resolution of grievances.
  5.  Failure at any level of this procedure by the aggrieved to appeal a grievance to the next level within the specified length of time shall be deemed to be acceptance of the decision rendered at that level.  Failure at any level of this procedure to communicate the decision in writing on a grievance within the specified length of time shall permit the aggrieved to proceed to the next level.
  6.  All documents, communications and records of a grievance will be filed in the district office separately from the personnel file.
  7.  Forms for processing grievances shall be prepared by the superintendent or his/her designated representative and will be printed and given appropriate distribution by the parties so as to facilitate operation of the grievance procedure.
  8.  All parties will avoid interruption of classroom and/or any other school-sponsored activities.
  9.  Students will be involved in grievance procedures only as testimonial witnesses to first-hand knowledge of material facts in controversy.
  10.  All parties in interest will process grievances at times which do not interfere with assigned duties.
  11.  Each grievance shall have to be initiated within 15 days from the time of the cause for the claim.  The discovery by an association member(s) is discovery for the association.  Failure to initiate the grievance within 15 days shall be grounds to waive the grievance.  The date of the informal discussion at Level I is the date of initiation of the grievance.
  12.  Financial responsibility - Each party shall pay any and all costs incurred by said party.
  13.  Whenever the superintendent shall order, or upon mutual agreement, any grievance or issue may be escalated to Level IV.  In such cases, there shall be filed with the Board an explicit statement of the issue or problem to be considered by the Board.  In the event that the grievant and superintendent cannot agree upon a definition or statement of the problem or issue, then each shall file with the Board such a statement or definition.  Such statements or definitions shall be filed no later than five days after the superintendent has ordered that such dispute or issue shall proceed to Level IV.
  14.  Any proceedings escalated to Level IV shall proceed at that level as if the matter had already progressed through all lower levels.
  15.  No reprisal shall be exerted by the district, association or any employee by reason of any grievance procedure, participation therein or grievance decision.

Levels of Grievance

Level I - The aggrieved shall first discuss his/her grievance with the principal or immediate supervisor with the objective of resolving the matter informally.  The date of the discussion is the date of the initiation of the grievance.

Level II - If the aggrieved is not satisfied with the disposition of this grievance on an informal level, he/she must file a written grievance with the principal or immediate supervisor within five days after the Level I conference.

Level III - Within seven days of receipt of the decision rendered by the principal or immediate supervisor, the aggrieved may appeal in writing to the superintendent.

Appeals to the superintendent shall be heard within seven days of receipt of the appeal.  Written notices of the time and place of the hearing shall be given to the aggrieved, the aggrieved’s representative or any other persons known to be officially involved in the grievance.

Attendance at the hearing shall be restricted to persons officially involved.  Parties of interest may elect to call witnesses who shall appear individually at the hearing.

Within seven days of hearing the appeal, the superintendent shall communicate to the aggrieved and all other parties officially present at the hearing his/her written decision which shall include supporting reasons therefore.

Level IV -   Within seven days of receipt of the superintendent’s decision at Level III, the aggrieved may appeal in writing to the Board if not satisfied with the superintendent’s decision.

After receipt of the appeal to Level IV, the Board will notify all official parties of a hearing to be held at the next convenient Board meeting.  The Board shall hear arguments of the superintendent and the aggrieved.  The evidence and testimony pertaining to the grievance will be restricted to the evidence and testimony presented before the superintendent at Level III.

At the request of the aggrieved, the hearing before the Board shall be an open hearing.

Within 20 days after the Level IV hearing, the Board shall render a decision in writing to all official parties.

The Board’s decision shall be final.


Legal Reference(s)

OAR 581-022-1720
ORS 332.107
ORS 659A.
 
Anderson v. Central Point School District No. 6, 554 F. Supp. 600 (D. Oregon 1982); aff’d in part, 746 F. 2d 505 (9th Cir. 1984).
Connick v. Myers, 461 U.S. 138 (1983).