File:  GBMA-R

 

PROCEDURE FOR ADJUSTING GRIEVANCES FOR SUPPORT STAFF

 

Introduction

 

The purpose of the grievance procedure for classified employees is to provide an orderly procedure of resolving disputes concerning the application, interpretation, or violation of any of the provisions of School Board policies, rules, and regulations as they affect the work of classified employees and to provide a procedure for dismissal or formal probation.  An equitable resolution of grievances should be secured at the most immediate administrative level.  The procedure should not be construed as limiting the right of any classified employee to discuss any matter of concern with any member of the school administration.  Nor should the procedure be construed to restrict any classified employee's right to seek, or the school division administration's right to provide, review of complaints that are not included within the definition of a grievance.  Nothing in this procedure shall be interpreted to limit a School Board's exclusive final authority over the management and operation of the school division which shall be preserved to the fullest extent permitted by law.

 

Part I - Definitions

 

The following words and terms, when used in these regulations, shall have the following meaning, unless the context clearly indicates otherwise:

 

"Days" means calendar days unless a different meaning is clearly expressed in this procedure.  Whenever any period of time fixed by this procedure expires on a Saturday, Sunday, or legal holiday, the period of time for taking action under this procedure shall be extended to the next day if it is not a Saturday, Sunday, or legal holiday.

 

"Dismissal" means the termination of any classified employee during the term of such classified employee's contract.

 

"Grievance" means, for the purpose of Part I, a complaint or a dispute by a classified employee relating to employment, including but not necessarily limited to the application or interpretation of personnel policies, rules and regulations, ordinances, and statutes; acts of reprisal as a result of utilization of this grievance procedure; and complaints of discrimination on the basis of race, color, national origin, religion, sex (including pregnancy), gender, marital or economic status, age, disability, genetics, or veteran status and retaliation against anyone who files a complaint of discrimination, participates in such a proceeding, or otherwise opposes discrimination.  The term "grievance" shall not include the following:

 

  1. A complaint or dispute by a classified employee relating to the establishment or revision of wages or salaries, position       classification, or general benefits.

 

  1. Suspension or nonrenewal of the contract of a classified employee.

 

  1. The establishment or contents of ordinances, statutes, personnel policies, procedures, rules, and regulations.

 

  1. The failure to obtain a promotion.

 

  1. Failure to promote, or the discharge, layoff, or suspension from duties because of decrease or change in enrollment, insufficient funding, or budget constraints.



(continued)



11/10 RCPS                                 ROCKINGHAM COUNTY SCHOOL BOARD


File: GBMA-R
                                                                                                                 (page 2)


6.       The hiring, transfer, assignment, evaluation, and retention of classified employees within the school division.                                 

 

7.       Suspension from duties in emergencies or under other exigent circumstances.

 

8.       The methods and means by which the school division's operations are to be implemented.

 

While these management rights are reserved exclusively to the School Board, failure to apply, when applicable, these rules, regulations, policies, or procedures as written or established by the School Board is grievable.

 

"Probation" means a period not to exceed two years during which time it shall be the duty of the classified employee to remedy satisfactorily those deficiencies which gave rise to the probationary status.

 

"Classified employee" means all school division employees who do not have a teaching certificate or who are employed by the school division in a noncertificated capacity.

 

Part II - Grievance Procedure for Other Than Dismissal or Probation

 

Recognizing that grievances should be begun and settled promptly, a grievance must be initiated within five days following either the event giving rise to the grievance or within five days following the time when the employee knew or reasonably should have known of its occurrence.  Grievances shall be processed as follows:

 

Step 1 - Informal

 

                                    The first step shall be an informal conference between the classified employee and the immediate supervisor (which may be the principal).  The classified employee shall state the nature of the grievance, and the immediate supervisor shall attempt to adjust the grievance informally.  It is mandatory that the classified employee present the grievance informally prior to proceeding to Step 2.

 

Step 2 - Supervisor or Principal

 

                                    If for any reason the grievance is not resolved informally in Step 1 to the satisfaction of the classified employee, the classified employee must perfect the grievance by filing the grievance in writing with the immediate supervisor within five days following the event giving rise to the grievance.

 

Step 3

 

                                    Within five working days of receipt of the written grievance by the immediate

                                    supervisor or principal, a meeting shall be held between the supervisor and the classified employee.

 

(continued) 

 

11/10 RCPS                                 ROCKINGHAM COUNTY SCHOOL BOARD


 

 

File: GBMA-R
                                                                                                               (page 3)

 

                                    A.     The classified employee can present witnesses and be accompanied by a representative other than an attorney.                                  


                                    B.     If a resolution is not otherwise reached at the meeting, the supervisor shall respond in writing within five working days following such meeting.

 

Step 4

 

                  If the grievance is not resolved at Step 3, the classified employee can file a written notice of appeal with the Superintendent or designee.  This written appeal must be filed within five working days after receipt of the Step 3 written response and must be accompanied by a copy of the original grievance and the Step 3 written response.

 

                                    A.     A meeting shall be held between the employee and the Superintendent/designee at a mutually agreeable time within five working days.

 

                                    B.     The classified employee can present witnesses and be accompanied by a representative other than an attorney.

 

                                    C.     If a resolution is not otherwise reached at the meeting, the Superintendent/designee shall respond in writing within five working days following this meeting.

 

Step 5

 

                  If the grievance is not resolved at Step 4, the classified employee can file a written notice of appeal with the School Board.  This appeal must be filed with the Superintendent within five working days of receipt of the Superintendent's/designee's written response and accompanied by a copy of the original grievance and previous administrative responses.

 

                                    A.     The School Board has 30 days in which to schedule and hold an informal hearing which will be at the School Board's convenience.

 

                                    B.     The School Board shall consider the appeal based on the record submitted by the employee and Superintendent.

 

                                    C.     The School Board shall give the grievant its written decision within 30 days after the School Board receives the record.  The decision of the School Board shall be reached after considering the record and such further evidence as the board may receive should it so elect.

 

                                    D.     The School Board shall retain sole discretionary authority regarding granting a hearing to the employee or considering the written record.

 

                                    E.     The action of the School Board will be final.

   

           (continued)

 

11/10 RCPS                                                ROCKINGHAM COUNTY SCHOOL BOARD

 

 

File:  GBMA-R

(page 4)

 

Part III - Grievance Procedure for Dismissal or Formal Probation

 

          Step 1 - Review Process

 

                                    A.     If the classified employee's immediate supervisor decides to recommend dismissal or formal probation, the immediate supervisor will contact the Director of Human Resources.

 

                                    B.     The classified employee's immediate supervisor and the Director of Human Resources will meet with the classified employee and discuss the issues involved.

 

                                                      i.    A meeting will be held with the classified employee, the immediate supervisor, and the Director of Human Resources to review the charges and formulate a recommendation on the employment status of the classified employee.

 

                                                      ii.   After this meeting, the Director of Human Resources will determine what recommendation will be made on the employee's status and communicate that recommendation in writing to the Superintendent, with a copy to the employee.

 

                                    C.     If the Director of Human Resources recommends formal probation or dismissal, the classified employee may appeal to the Superintendent in writing within five working days, stating in detail why the recommendation is in error.

 

                                                      i.  The Superintendent/designee will meet with the classified employee
         to review the case.

 

                                                                        a.   The employee may be accompanied by a non-attorney

                                                      representative and may present information.

 

                                                                        b.   The Superintendent will make a decision based on the
                       available information and advise the employee in writing.

 

              Step 2 - The School Board Meeting

 

                                A.                If the Superintendent/designee decides to place on probation or dismiss the employee, the Superintendent/designee shall notify the employee in writing and submit to the School Board his/her rationale for this decision.  The classified employee may appeal this decision to the School Board.  The School Board's hearing may be limited to the written record developed through the decision by the Superintendent/designee; however, the employee may request a hearing before the School Board within five working days of receipt of the Superintendent's written response in Step 1.  The School Board shall retain sole discretionary authority regarding granting a hearing to the employee or considering the written record.

 

                               
                                                                              (continued)

 

 


11/10 RCPS                             ROCKINGHAM COUNTY SCHOOL BOARD

 

 

 

File: GBMA-R

(page 5)

 

                                B.                The decision of the board will be final.

 

                                C.                A letter will be sent to the classified employee communicating the
     School Board's decision.

 


Eligibility

 

                                Only full-time classified employees may avail themselves of the foregoing grievance procedure.  Substitutes, consultants, and individuals contracted for services are excluded from this procedure.

 

 

Time Limitations

 

                                Failure of the covered employee to comply with all substantial procedural requirements without just cause shall eliminate the employee's right to any further proceedings on the grievance.  Failure of the School Board or any managerial personnel to comply with all substantial procedural requirements without just cause shall entitle the grievant to advance to the next step in the procedure, or, at the final step to a decision in his/her favor.

 

                                The determination of compliance with substantial procedural requirements and just cause shall be solely made by the School Board.

 

 

Grievability

 

Decisions regarding whether a particular matter is grievable will be made by the Superintendent of schools.  In instances in which the Superintendent has made the recommendation giving rise to the grievance, the determination of grievability will be made by the School Board.  The

School BoardÕs decision shall be final. 

 

                                                                                                           

 

 

Adopted:

___________________________________________________________________________

___________________________________________________________________________

 

 

Legal Ref.:      Code of Virginia, 1950, as amended, ¤ 22.1-78.

 

Cross Ref.:    GBM       Professional Staff Grievances

 

 

 

 

 

 

 

 

 

 

 

11/10 RCPS                                                ROCKINGHAM COUNTY SCHOOL BOARD

 

ROCKINGHAM COUNTY PUBLIC SCHOOLS

 

STATEMENT OF GRIEVANCE

 

Part II

 

STEP 2 - TO BE PRESENTED TO PRINCIPAL/SUPERVISOR

 

Name of grievant                                                                                    Date filed

 

_________________________________________________________________

School department of assignment                                              Job title

 

_________________________________________________________________

Immediate superior and/or principal                  Grievant's representative

 

_________________________________________________________________

Suspension, Written Reprimand, Demotion, Probation, Act of Reprisal or Discrimination being grieved, and date you knew or reasonably should have known of its occurrence:

 

 

 

 

 

_________________________________________________________________

Statement of grievance:

 

 

 

_________________________________________________________________

Specific relief requested:

 

1.             Relief requested:

 

 

 

2.             Why do you disagree with the action taken and previous response?

 

 

 

_________________________________________________________________

                  Grievant's Signature                            Representative's Signature

                                    and Date                                                                    and Date

 

 

_________________________________________________________________