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Administrative Employment Guidelines

| Handbooks | Welcome / Table of Contents | Section: 1 | 2 | 3 | 4 | Appendices

III. GRIEVANCE PROCEDURE

A. Purpose

The purpose of this procedure is to provide a way for the Board of Education and administrators of education to reach solutions to problems, large and small, that may occur between them.

B. Definitions

Grievance — Grievance shall mean a claim by one or more administrators of a violation, a misapplication or a misinterpretation of a state statute, board policy, administrative directive or regulation under which such administrators work, specifying that which is claimed to be violated and the specifics of such violation. The term "grievance" shall not apply to any matter for which (1) the method of review is prescribed by law, or (2) the Board of Education is without authority to act.

Should an administrator have a claim based upon an event or condition which affects the administrator's welfare or morale, the administrator may utilize the informal step. If the alleged grievance is not satisfactorily resolved, the administrator shall have the right to use normal administrative channels to solve the problem.

Days — Days shall mean contract days exclusive of Saturday, Sunday, or official holidays.
Immediate Supervisor — Immediate supervisor is that employee possessing that degree of administrative authority next in rank above any grievant.
Parties in Interest — Any persons involved in processing the grievance.
Board — The Lincoln Board of Education
Administration — The Superintendent or his/her designated representative.

C. General Conditions

Compliance — Administrators of the school district will follow all verbal and written directives, even if they are in conflict with the provisions of applicable policy. Compliance with such directives will not in any way prejudice their right to file a grievance within the time limits contained herein, nor shall it affect the ultimate resolution of the grievance.
No Reprisals — The board shall use every means at its disposal to assure every administrator the unobstructed use of this grievance procedure without fear of reprisal or prejudice to his/her employment status.
Time Limits — Since it is important that a grievance be processed as rapidly as possible, the number of days indicated at each level shall be considered as a maximum, and every effort should be made to expedite the process. The time limit specified may, however, be extended by mutual written agreement of the grievant and the administrator at each step of the process.

If the grievance is filed which might not be finally resolved under the time limits set forth herein prior to the end of the year, and which if left unresolved until the beginning of the following school year could result in irreparable harm to a grievant, the time limit set forth herein will be reduced to the extent possible so that the grievance procedure may be concluded prior to the end of the school year, or as soon thereafter as is practicable.
Failure to Meet Time Limits — The failure of the aggrieved party to proceed to the first or any subsequent step of this grievance procedure within the time limits set forth shall be deemed as a waiver and release of any rights the aggrieved party has to such grievance or complaint and the aggrieved party shall be deemed to have elected not to file a grievance or to have accepted the response previously rendered, and such shall constitute a waiver of any future appeal or claim concerning the particular grievance or complaint. The failure of the administrator at any step to communicate his/her decision to the aggrieved party within the specified time limit shall permit the aggrieved party to proceed to the next step.
Communication — All communications concerning the grievance, after the grievance is formally submitted, shall be in writing.
Adjustments — No adjustment shall be made in any grievance which is in conflict with, or contrary to, the provisions of any policies, applicable laws, or administrative regulations.
Forms — Forms for filing grievances, serving notice, taking appeals, making reports and recommendations and all documents shall be mutually agreed upon by the parties. The standard procedure form may be requested from Human Resources.
Meetings — All meetings and hearings under this procedure shall be conducted in private and shall include only such parties of interest.
No interference — Grievances shall be processed in a manner which does not interfere with the administrator's work and the normal operation of the schools.
Withdrawal of a Grievance — The administrator may withdraw his/her grievance at any step of the procedure by indicating his/her acceptance of the last decision rendered.
Informal Resolution — The administrator may discuss the grievance or complaint with the immediate supervisor in an attempt to resolve the issue. This discussion shall not extend the time for filing a written grievance or complaint.

D. Procedure

Time Limits — All grievances must be initiated within twenty (20) contract days of the alleged occurrence.

Step One — If unsuccessful in an informal attempt with the immediate supervisor to resolve the issue, the aggrieved party shall reduce the grievance to writing on the approved forms and give or send a copy of the same to the immediate supervisor within the time limits. The immediate supervisor and the aggrieved party shall meet in an attempt to settle the dispute within five (5) contract days. A written answer must be given by the immediate supervisor within five (5) contract days after such meeting.

Step Two — If a satisfactory settlement is not reached in Step One, the aggrieved party may file the grievance in writing with the superintendent, within five (5) contract days from the date the party received or should have received a response at Step One. The superintendent shall conduct a hearing with the aggrieved party within five (5) contract days of receipt of the grievance. A written answer must be given by the superintendent within ten (10) contract days of the date the grievance was received if no hearing is held, or within ten (10) contract days of the date of the hearing.

Step Three — If a satisfactory settlement is not reached at Step Two, the aggrieved party may file the grievance in writing with the Board of Education within five (5) contract days of the date the party received or should have received a response at Step Two. The board or a committee thereof shall conduct a hearing with the aggrieved party within fifteen (15) contract days of receipt of the grievance. A written answer must be given by the board within twenty (20) contract days of the date it received the grievance. After the determination by the board, the parties may agree to binding arbitration under the rules of the American Arbitration Association. In the event both parties do not agree to arbitration, the decision by the Board of Education shall be final except proper redress may be sought through the courts should the employee so choose.