Policy 9025: Employee Non-Contractual Grievance Procedure

  1. Purpose

    The purpose of this policy is to provide a means for the orderly settlement of employee non-contractual disputes.

  2. Definition

    Grievance - A grievance shall be a complaint by any employee that there has been a violation of any District or administrative policy or rule as to him/her that is not covered by a collective bargaining agreement. Grievances under this procedure shall not refer to matters strictly within the jurisdiction of the State Education Department or matters over which the District has no lawful authority. The District's failure to appoint a probationary employee to permanent appointment shall not be considered a grievance.

  3. Procedure

    1. Every grievance must be presented informally to the employee's immediate supervisor within ten working days of the occurrence of the events underlying the grievance. The immediate supervisor or principal shall orally dispose of each grievance informally presented within five working days following the informal presentation.
    2. Step 1. If the grievance is not settled satisfactorily at the informal conference, the employee may file a written grievance with the principal or immediate supervisor within five working days of the decision handed down as a result of the informal presentation. The principal or immediate supervisor shall issue his/her written decision on the grievance within five working days.
    3. Step 2. If the grievance is not resolved, the employee may appeal the decision to the Superintendent of Schools. Such appeal must be filed with the Superintendent of Schools within five working days of the receipt of the decision at Step 1. The Superintendent shall issue his/her written decision on the grievance within five working days.
    4. Step 3. If the grievance is not resolved, the employee may appeal in writing to the Board of Education within five working days of the receipt of the Superintendent's written decision. Within ten working days of receipt of the appeal, the Board of Education or its designee may, at its discretion, hold a hearing or render a decision in writing. If a hearing is held, the Board shall render a written decision within five days of the hearing. The decision of the Board shall be final and binding.

Adopted by Board of Education: September 28, 1970

Revised: March 26, 1991