Definitions:
A grievance shall mean a dispute regarding the application of School Board policies regarding an employee's discipline or termination of employment, or a dispute concerning workplace safety as defined below. No grievance shall be processed under this policy unless it is in writing and contains all of the following:
a) the name and position of the grievant;
b) a clear and concise statement of the grievance;
c) the issue involved;
d) the relief sought;
e) the date the incident or alleged violation took place;
f) the specific section of the Policy Manual or workplace safety rules alleged to have been violated; and
g) the signature of the grievant and the date.
The term "days" means regular business days, Monday through Friday, other than weekends and holidays regardless of whether the employee or his or her classification is scheduled to work. The time within which an act is to be done under this policy shall be computed by excluding the first day and including the last day.
A "grievant" is an employee as defined by Wisconsin Statutes governing this grievance procedure. At the grievant’s cost and request they may be represented by a person of their choice.
"Workplace safety" means those conditions related to physical health and safety of employees enforceable under federal or state law, or District rule related to: safety of the physical work environment, the safe operation of workplace equipment and tools, provision of protective equipment, training and warning requirements, workplace violence and accident risk.
"Discipline" means oral reprimands (where a written record of the reprimand is placed in the employee’s file), written reprimands, suspension and demotion. Discipline does not include performance reviews, work or improvement plans or corrective actions that do not include a reprimand or other adverse employment action.
"Termination" means discharge from employment. Non-renewals and layoffs (reduction in force) are not considered terminations and are not subject to this procedure unless otherwise required by law.
PROCEDURES
First Step
Within ten (10) days after the facts upon which the grievance is based or should have reasonably become known the employee shall present the written grievance to his/her immediate supervisor. The immediate supervisor shall give a written answer within ten (10) days of receipt of the grievance, with a copy to the District Office.
An employee who has been notified of termination may process the grievance commencing at Step 3.
Second Step
If the grievance is not satisfactorily resolved at Step 1, it may be submitted by the grievant to the District Administrator within five (5) days after having received the answer in the First Step. After receipt of the written grievance by the District Administrator, he/she or the designated representative of the District Administrator will meet with the grievant in an effort to resolve the issue(s) raised by the grievance. Within ten (10) days after the meeting, the District Administrator shall respond to the grievance in writing. The District Administrator shall also determine if the grievance is timely, if the subject matter of the grievance is within the scope of this policy and otherwise properly processed as required by this policy. If the District Administrator is aware of other similar pending grievances, he/she may consolidate those matters and process them as one grievance.
Third Step
Upon the written request of the grievant in response to an adverse decision, the decision at the second step may be appealed by a written statement to the District Administrator particularly describing the reason for appeal. The appeal must be submitted with ten days (10) of the decision in Step 2. If the decision at Step 2 is based in whole or in part on the basis of timeliness, scope of the grievance process or other failure of the Grievant to properly follow the process, the matter shall be referred to the Board, which shall determine whether the matter should be processed further. If the Second Step decision is on the merits of the grievance only, the grievance will be referred to an Impartial Hearing Officer (IHO). The IHO will be designated by the District Administrator. Any costs incurred by the (IHO) will be paid by the School District. The IHO will convene a hearing in the manner the IHO determines necessary. The IHO shall have the authority to administer oaths, issue subpoenas at the request of the parties, and decide if a transcript is necessary. The IHO may require the parties to submit grievance documents and witness lists in advance of the hearing to expedite the hearing. The oral or written statements of students, which would otherwise be hearsay, will be considered by the impartial hearing officer without the direct testimony of students, if other, non-hearsay information is presented. The burden of proof shall be “a preponderance of the evidence.” In termination and discipline cases, the District shall have the burden. In workplace safety cases, the employee shall have the burden. The IHO may request oral or written arguments and replies. The IHO shall provide the parties a written decision.
The IHO may only consider the matter presented in the initial grievance filed by the employee. The IHO shall have no power to add to, subtract from or modify the terms of the Board policy or rule that forms the basis for the grievance.
Fourth Step
Either party may appeal an adverse determination at step three to the Board of Education, by filing written notice in the District Office appealing the decision of the IHO within ten (10) days of the decision of the IHO. The Board of Education shall, within thirty (30) days after submission of the appeal, schedule the review of the IHO's decision. The review will be conducted by the Board during a closed session meeting unless an open session is required by law. The Board may make its decision based on the written decision of the IHO or the Board may examine any records, evidence and testimony produced at the hearing before the IHO. The Board may conduct a hearing if it so determines or if required by law. A simple majority vote of the Board members participating in the review shall decide the appeal (unless a greater number is required by law) within twenty (20) days following the last session scheduled for review. The Board will issue a final written decision which shall be binding on all parties.
Timelines
Failure to process a grievance by the grievant within the time limit, or agreed upon extensions, shall constitute waiver of the grievance and will be considered resolved on the basis of the District's last answer. Failure of a management representative to meet the time limits applicable to responding to the grievance shall constitute a denial of the grievance and applicable time limits for advancing the grievance shall apply. To encourage that grievances are addressed in a prompt manner the time limits set by this policy are intended to be strictly observed and may not be extended except in extreme circumstances and then only upon the express written consent of the parties.
Exclusive Remedy
This procedure constitutes the exclusive process for the redress of any employee grievances as defined herein. However, nothing in this grievance procedure shall prevent any employee from addressing concerns regarding matters not subject to the grievance procedure with Administration, and employees are encouraged to do so. Matters not subject to the grievance procedure that are raised by employees shall be considered by Administration which has final authority, subject to any applicable Board policy or directive, to resolve the matter.
For other matters regarding the conditions of employment not covered under this grievance procedure, see “Resolution of Workplace Concerns” located in the appropriate section of this Handbook.
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