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BASIC

 

STAFF GRIEVANCES

 


The North Kansas City School District is interested in employee concerns and ideas for improving the district. District employees are encouraged to discuss concerns with supervisors and the administrative staff so that issues may be addressed in a timely fashion.


Grievance


Because violations of Board policies, regulations and collective bargaining agreements are particularly problematic, the Board has developed this formal process for addressing these grievances.


Grievance processing should be viewed as a positive and constructive effort to establish the facts upon which the grievance is based and to accurately implement Board policies, regulations or collective bargaining agreements. The Board strictly prohibits discrimination or retaliation against an employee for filing a grievance and directs all district employees to cooperate in the grievance process.If more than one (1) district grievance process might apply to a particular concern, the superintendent or designee will decide which process will govern. If any part of a grievance includes allegations of illegal discrimination or harassment, or if the grievance is factually similar to a complaint filed by the same employee regarding illegal discrimination or harassment, the entire grievance will be resolved in accordance with policy AC.


Definitions


Grievance – An allegation by an individual employee that a collective bargaining agreement or a specific, written, Board-adopted policy or regulation has been violated or misinterpreted. A grievance does not include concerns regarding performance evaluations or remedial documents, nonrenewal of contracts, employee discipline, reduction in force or termination. This policy does not apply if another Board policy or regulation or state or federal law provides due process, a hearing or a different method for addressing the issue.


Grievant – A district employee who has filed a grievance.


Performance Evaluations or Remedial Documents – Any assessment of employee performance including, but not limited to, notice of deficiencies, job targets, professional development plans and professional improvement plans.


Days – Calendar days, whether occurring during the regular school year or during the summer, but excluding: weekends; district-designated holidays (whether on the original school calendar or designated thereafter); winter and spring breaks and other Board-designated breaks; and closings due to inclement weather, illness, natural disaster, or other emergencies.


Grievance Process

 

1.         Grievances must be filed within ten (10) days of the occurrence that is the basis of the grievance. However, if the staff member is employed on less than a 12-month basis and the incident that is the subject of the grievance occurs while the employee is on summer break, the staff member will have ten (10) days from the start of the school year to file the grievance. The grievance must be in writing, on the forms provided by the district, and include a copy of the provision of the collective bargaining agreement, policy or regulation alleged to be violated or misinterpreted, as well as a statement of the relief requested.

 

2.         Grievances will be processed according to the step-by-step process outlined below, with the following exceptions. If a person designated to hear a grievance is the subject of the grievance, the grievance process will begin at the next highest step. If a grievance is directly based on official Board action, the grievance shall be directed to the Board secretary. The grievance may be heard by the Board at the sole discretion of the Board.

 

3.         No new information may be added and no new claims may be made after Step 1. Each subsequent appeal will address only the facts and issues presented at Step 1.

 

4.         The deadlines established under this policy may be extended upon the written request of the grievant or the supervisor, but the final decision regarding any extension shall be made by the superintendent at his or her sole discretion. Investigation and reporting deadlines will be extended when more time is necessary to adequately conduct an investigation and to render a decision. The grievant will be notified when deadlines are extended.

 

5.         Failure of the grievant to appeal within the timelines given will be considered acceptance of the findings and remedial action taken. The district will not consider late appeals.

 

6.         Once a decision is rendered under this grievance process, the decision is final. Grievance decisions cannot be the subject of a new grievance.

 

7.         Because the point of a grievance is to provide resolution outside the court system, an employee is not entitled to bring an attorney to grievance proceedings. Once an attorney becomes involved in the process, the superintendent or designee will refer the matter to the district's private attorney and the grievance process will end.


Immediate Supervisor or Building Principal or Designee (Step 1)

 

1.         Employees are encouraged to informally notify their immediate supervisor of a grievance. If the issue is not resolved, the employee should submit a written grievance, on forms provided by the district, to the immediate supervisor or building principal or designee within ten (10) days of the occurrence of the event giving rise to the grievance. The written grievance must clearly indicate that it is a grievance and specify which provision(s) of policy, regulation or collective bargaining agreement were allegedly violated. If the grievance is not filed within ten (10) days of the incident, the grievance will be deemed to have been waived.

 

2.         Unless the time is extended with the permission of the employee filing the grievance, the immediate supervisor or building principal or designee will investigate the matter and render a decision in writing within ten (10) workdays of receiving the written grievance. A copy of the decision will be provided to the grievant.


Associate Superintendent (Step 2)


This step may be omitted if the district director of elementary or secondary education serves as the immediate supervisor at Step 1 or if the employee's supervisor is not under the direct supervision of the district director of elementary or secondary education.

 

1.         Within five (5) days after receiving the decision at Step 1, the grievant may appeal the decision in writing, using forms provided by the district, to the associate superintendent. The appeal must clearly state why the previous decision is erroneous.

 

2.         The associate superintendent will, within ten (10) workdays of receipt of the appeal, review the investigation and render a decision in writing to the grievant and the grievant's immediate supervisor or building principal or designee.


Superintendent or Designee (Step 3)

 

1.         Within five (5) days after receiving the decision at Step 2, the grievant may appeal the decision in writing, using forms provided by the district, to the superintendent or designee. The appeal must clearly state why the previous decision is erroneous.

 

2.         The superintendent or designee will, within ten (10) days of receipt of the appeal, review the investigation and render a decision in writing to the grievant, the district director of elementary or secondary education, the principal or designee and the grievant's immediate supervisor.


School Board or Board Committee (Step 4)

 

1.         Within five (5) days after receiving the decision at Step 3, the grievant may appeal the decision in writing, using forms provided by the district, to the Board of Education. The Board of Education, at its sole discretion, may decide to hear the grievance. The Board will investigate the grievance and render its decision within 30 workdays after receiving the appeal. The ultimate decision of the grievance by the Board shall be final.

 

2.         At the discretion of the Board president, a subcommittee of the Board of Education, consisting of three (3) members that may include the officers of the Board, will be appointed to investigate their grievance and render a decision. The Board subcommittee will review the grievance documents and either render a final decision regarding the matter or decide to hear the grievance with all parties present. The decision of the Board subcommittee shall be final unless it is determined by the subcommittee that the grievance should be formally heard by the entire Board.


Documentation


A grievant will receive a written response or report regarding his or her grievance, but the grievant and persons investigated in the course of the grievance are not entitled to view or receive copies of the investigation file or notes taken during the investigation, unless required by law. If an employee is disciplined as a result of the grievance, the discipline may be recorded in the employee's personnel file and discussed with the employee. Information recorded in an employee's personnel file will not be shared except as provided in Board policy or required by law.


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

 

Adopted:         02/11/2003

 

Revised:          03/08/2011; 10/18/2011

 

Cross Refs:     BDDH, Public Participation at Board Meetings

HA, Negotiations with Employee Representatives

KL, Public Complaints


North Kansas City School District, Kansas City, Missouri

 

Link to Missouri Statutes

Link to Missouri Regulations

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For Office Use Only: GBM-C.NKC (11/10)

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