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FILE:  GBM
BASIC

 

STAFF GRIEVANCES

 


The purpose of this policy is to allow a member to the Kansas City, Missouri School District's administration to secure quick and fair resolution of grievances. Because of the importance of maintaining an efficient administrative team and maintaining cooperation among administrators, details of grievances filed under this process will be kept as confidential as possible.


Free, easy and effective communication between professional employees and the supervisory staff is a mutually important objective. The purpose of this procedure is to secure, in good faith, equitable solutions to the problems that may from time to time arise and that affect the terms and conditions of the administrator's professional service. When problems arise, all persons involved should work toward constructive solutions in an atmosphere of courtesy and cooperation.


An employee with a grievance should first discuss it personally with his/her supervisor with the objective of informally resolving the matter. If the issue is not informally resolved, the employee shall present any such grievance to the immediate supervisor within five (5) working days after the incident giving rise to the grievance occurs. If the grievance is about the immediate supervisor, the employee may skip Step One and submit the grievance to the superintendent or designee. The grievance will be specific and will request a conference to discuss the issue.


General

 

1.         No employee shall use the grievance procedure to appeal any decision of the Board or the administration if such decision is pursuant to order of or written agreement with any state or education commission or agency, or pursuant to any order or written agreement with any state or federal court.

 

2.         Resort to the grievance procedure shall not constitute an election of remedies by an employee, but if appropriate and after exhausting the complaint procedure, an employee shall have the right to pursue any legal remedies, which he/she might otherwise have.


Step One: Grievance

 

1.         Within five (5) working days of an attempt to settle the grievance orally with his/her immediate supervisor, the grievant should state the grievance in writing on a form that can be obtained from Human Capital Management and submit it to the superintendent's designee.

 

The grievant shall:

 

                      Name the employee or group of employees involved.

 

                      Briefly state the relevant facts giving rise to the grievance.

 

                      Identify the specific Board policies regulations or procedures alleged to be violated, misinterpreted or misapplied.

 

                      State the contention of the grievant with respect to the grievance.

 

                      Indicate the specific relief requested.

 

2.         Within three (3) working days after receipt of the written grievance, the supervisor should hold an informal conference with the grievant and his/her representative.

 

3.         Within five (5) working days after the informal conference, the supervisor should communicate an answer in writing to the grievant.


Step Two: Superintendent’s Grievance Hearing

 

1.         If the grievance is not resolved after Step One, the grievant may, within three (3) working days of receipt of the written response, appeal directly to the district hearing officer at the Office of Employee/Labor Relations and submit the grievance along with any written material necessary to make a correct decision.

 

2.         To the extent he or she is able, the district hearing officer shall hold a conference with the grievant within ten (10) working days after receiving the written grievance.

 

3.         The superintendent or designee will answer the grievant no later than ten (10) working days after the informal conference to the extent he or she is able.


Step Three: Superintendent Hearing Process


The following hearing procedures are to be applied to proceedings before the superintendent in the majority of grievance cases:

 

1.         Within seven (7) days of receiving a request from an opposing party for relevant documents and other non-oral evidentiary material, the party shall provide such information. All requests for such documents shall be in writing and must be directly pertinent to the grievance.

 

2.         No later than ten (10) days prior to the scheduled hearing all parties will exchange and file with the superintendent a "Statement of Position" that sets forth the grievance, the grounds therefore and a summary of the evidence in support or in defense of the grievance. Such pre-hearing exchanges shall be directed to the chief legal counsel for the district (or his/her designee) and to the grievant (and/or grievant's counsel), respectively.

 

            a.         The Statement of Position should not exceed 15 double-spaced typewritten pages unless there are exceptional circumstances such that the issues cannot be adequately described within this limitation.

 

            b.         All documentary evidence, including any affidavits that may be submitted in lieu of live testimony that will be offered in support of a party's position, will be appended to the Statement of Position. Such evidence will be admitted into evidence at the hearing unless a specific objection thereto is made.

 

3.         Each party will be allowed ten (10) minutes to make opening statements.

 

4.         Each party shall be limited to 60 minutes to present its evidence at the hearing. Each party shall also be limited to calling no more than three (3) witnesses to provide live testimony at the hearing. Any cross-examination of witnesses shall not be counted against the party's allotted time to present the party's evidence at the hearing.

 

There may be cases that, because of the complexity of issues involved, may not lend themselves to strict adherence to the limitations prescribed in the above process. In those cases, the process shall not limit a party's ability to request from the superintendent additional time to allow a full and fair presentation of each party's case.

 

5.         The decision of the superintendent is final unless a hearing before the Board of Directors is available pursuant to state law and the employee requests such a hearing within ten (10) days of receiving the superintendent’s decision.


Step Four: Board Hearing


A hearing before the Board of Directors shall only be available as provided by state law.


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Note:  The reader is encouraged to check the index located at the beginning of this section and to review administrative procedures and/or forms for related information.

 

Implemented: 07/01/2011

 

Cross Refs:     AC, Prohibition Against Discrimination and Harassment

KL, Public Complaints


Kansas City 33 School District, Kansas City, Missouri

 

Link to Missouri Statutes

Link to Missouri Regulations

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For Office Use Only: GBM-C.KCY (08/01)

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