Grievance procedures are designed to resolve conflicts that may arise among members of the staff. These procedures are defined in collective bargaining agreements, however not all school district employees are covered by those agreements (non-represented employees). All staff members have the right to present complaints and grievances in accordance with the established procedures free from coercion, interference, restraint, discrimination or reprisal.
Definitions
Grievant shall mean an employee who has a grievance (defined below).
A Grievance shall mean any alleged violation, misinterpretation or inequitable application of the existing laws, rules, procedures, regulations, administrative orders or work rules of a school district which relate to or involve employee health or safety, physical facilities, materials or equipment furnished to employees or supervision of employees; provided that such term shall not include any matter involving an employee’s rate of compensation, retirement benefits, disciplinary proceeding or any matter which is otherwise reviewable pursuant to law or any rule or regulation having the force and effect of law.
Compliance Office shall mean the employee’s immediate supervisor or, if the complaint involves the immediate supervisor, the Director of Human Resources.
Procedure for Resolution of Staff Complaints
A. Stage I Immediate Supervisor
The grievant may file a grievance, in writing, with his/her immediate supervisor within 30 days after the events giving rise to the grievance. The immediate supervisor shall informally discuss the grievance with the grievant and promptly investigate the complaint. Members of the school community shall cooperate with the immediate supervisor in such investigation.
Within 15 work days of the receipt of the grievance, the Immediate Supervisor shall make a finding in writing that there has or has not been a violation. In the event the Immediate Supervisor finds that there has been a violation, he/she shall propose a resolution of the complaint.
If the grievant is not satisfied with the finding of the Immediate Supervisor, or with the proposed resolution of the grievance, the grievant may, within 15 work days after he/she has received the report of the Immediate Supervisor, file a written request for review by the Superintendent of Schools.
B. Stage II Superintendent of Schools
The Superintendent may request that the grievant, the Immediate Supervisor, or any member of the school community present a written statement to him/her setting forth any information that such person has relative to the grievance and the facts surrounding it.
The Superintendent shall notify all parties concerned as to the time and place when an informal hearing will be held where such parties may appear and present oral and written statements supplementing their position in the case. Such hearing shall be held within 15 work school days of the receipt of the appeal by the Superintendent.
Within 15 work days of the hearing, the Superintendent shall render his/her determination in writing. Such determination shall include a finding that there has or has not been a violation and, if appropriate, a proposal for equitably resolving the complaint.
If the grievant is not satisfied with the determination of the Superintendent, the grievant may, within 15 work days after its receipt, file with the Clerk of the Board of Education, a written request for review by the Board.
C. Stage III Board of Education
When a request for review by the Board has been made, the Superintendent shall submit all written statements and other materials concerning the case to the President of the Board.
The Board shall notify all parties concerned of the time and place when a hearing will be held. Such hearing will be held within 15 work school days of the receipt of the request of the grievant. All parties concerned shall have the right to present further statements and testimony at such hearing.
The Board shall render a decision in writing within 15 work days after the hearing has been concluded.
Ref:
General Municipal Law, Article 15c
Civil Service Law, Article 14
Matter of Gatje, 24 EDR 191 (1984)
Adoption date: December 1, 1995
Amended date: January 26, 2009
Amended date: February 5, 2018