4340 - GRIEVANCE PROCEDURE

School District of Colfax

Bylaws & Policies

4340 - GRIEVANCE PROCEDURE

Policy

To provide a timely and orderly review of decisions concerning: a) employee terminations; b) employee discipline; and c) workplace safety.

Purpose and Applicability

This procedure provides an employee with the individual opportunity to address concerns regarding discipline, termination, or workplace safety matters, to have those matters reviewed by an Impartial Hearing Officer, and to appeal to the Board of Education, where appropriate. The District expects employees and management to exercise reasonable efforts to resolve any questions, problems, or misunderstandings prior to utilizing the grievance procedure.

If an employee is subject to a contractual grievance procedure, the contractual grievance procedure must be followed as applicable. This procedure does not replace or supersede any statutory provision which may be applicable to an employee's employment with the District. Any grievance, or part of a grievance, that is subject to the jurisdiction of a different governmental body or Wisconsin statute, or subject to a different dispute resolution process, is excluded from this grievance procedure. This grievance procedure does not create a legally binding contract or a contract of employment.

Definitions

A.	Definition of "Employee"

	1.	For purposes of discipline and termination under this grievance procedure, an employee shall be defined to include regular full-time, part-time, and limited term employees. All other individuals employed by the District, such as casual employees, temporary employees, and short-term substitutes as well as independent contractors are specifically excluded from the definition of employee and, therefore, this grievance procedure is not available to them.

	2.	For purposes of workplace safety under this grievance procedure, an employee shall be defined to include regular full-time, part-time, limited term, casual, and temporary employees. All other individuals employed by the District are specifically excluded from the definition of employee and, therefore, this grievance procedure is not available to them.

B.	Definition of "Discipline

	For purposes of this procedure, "discipline" means an employment action that results in a disciplinary suspension or disciplinary demotion. "Discipline" for purposes of access to this grievance procedure does not include any written or verbal notices, warnings, reprimands, or reminders; verbal disciplines will be documented, but not subject to the grievance procedure. The purpose of written and verbal notices, warnings, reprimands, or reminders is to alert the employee that failure to correct the behavior may result in disciplinary suspension, without pay, disciplinary termination, or disciplinary demotion.

C.	Definition of "Termination"

	For purposes of this procedure, "termination" means a separation from employment by the employer for disciplinary or quality of performance reasons. "Termination" does not include layoff, reduction in workday, furlough, non-renewal, reduction in workforce, job transfer or reassignment, or the end or completion of temporary employment, which are not subject to the grievance procedure.

D.	Definition of "Workplace Safety"

	For purposes of this procedure, "workplace safety" includes any conditions of employment related to the physical health and safety of employees, including the safety of the physical work environment, the safe operation of workplace equipment and tools, provision of personal protective equipment, and accident risks. "Workplace Safety" does not include conditions of employment unrelated to physical health and safety matters, including, but not limited to, hours, overtime, assignments and work schedules.

General Provisions

	A.	Role and Appointment of "Impartial Hearing Officer"

		For purposes of this procedure, the role of the "Impartial Hearing Officer" will be to define the issues, identifying areas of agreement between the parties and identifying the issues in dispute, and to hear the parties' respective arguments. The Impartial Hearing Officer shall be appointed by Superintendent based upon the nature of the matter in dispute.

	B.	Time Limits

		Failure to submit or process a grievance by the employee within the time limits specified below, or agreed upon extensions, shall constitute waiver of the grievance and it will be considered resolved on the basis of the District's last answer. Failure of a District representative to meet the time limits specified below shall cause the grievance to move automatically to the next step in the procedure within seven (7) days of such failure. A grievance or decision or appeal is considered timely if received by the employer during normal business hours or if postmarked by 12:00 midnight on the due date. The time limits contained in this procedure are to be strictly observed and can only be extended upon the express written consent of the parties.

	C.	Days

		The term "days" as used in this provision means calendar days, excluding holidays as defined in the Handbook. If the last day on which a grievance is to be filed or a decision is to be appealed is a Saturday, Sunday, or holiday as defined in the Handbook, the time limit is the next day which is not a Saturday, Sunday, or holiday.

	D.	Scheduling

		Grievance meetings and hearings will typically be held during the employee's off-duty hours. Time spent in grievance meetings and hearings shall not be considered as compensable work time.

	E.	Representation

		The employee shall have the right to representation during the grievance procedure at the employee's expense.

Procedure for Grievances Concerning Employee Terminations and Employee Discipline
The employer and employee may mutually agree, in writing, to waive any step to facilitate or expedite resolution of the grievance.

	Step 1	An earnest effort shall be made to settle the matter informally between the aggrieved employee and the employee's immediate principal. If the grievance is not resolved informally, then it shall be reduced to writing by the employee who shall submit it to the employee's immediate principal within fourteen (14) days after the facts upon which the grievance is based first became known, or should have become known, to the employee.

		The written grievance shall give a detailed statement concerning the subject of the grievance, the facts upon which the grievance is based, and indicate the specific relief being sought.

		The principal will reply in writing to the employee within fourteen (14) days after receipt of the written grievance.

	Step 2	If the grievance is not settled in Step 1, and the employee wishes to appeal the decision of the principal, the employee shall submit the written grievance to the Superintendent or designee within seven (7) days after receipt of the principal's written answer to request a hearing before an Impartial Hearing Officer. The Impartial Hearing Officer will be appointed by the Superintendent or designee.

		If timely requested, the hearing will normally be scheduled within thirty (30) days of receipt of the request for hearing. The Impartial Hearing Officer may require the parties to submit documents and witness lists in advance of the hearing in order to expedite the hearing. The Impartial Hearing Officer will have the authority to administer oaths, issue subpoenas at the request of either party, and decide if a transcript is necessary. At the conclusion of the hearing, the Impartial Hearing Officer shall render a written decision indicating the reasons for one of four decisions: 1) sustaining the discipline/termination, 2) modifying the discipline/termination, 3) denying the discipline/termination, or 4) recommending additional investigation prior to final determination. The Impartial Hearing Officer shall issue the written decision to the employee and employer within thirty (30) calendar days from the date of the hearing or submittal of post-hearing briefs. In cases where the Impartial Hearing Officer recommends additional investigation, at the conclusion of the additional investigation, a second, follow-up hearing shall be scheduled. The Impartial Hearing Officer may apply relaxed standards for the admission of evidence and may request oral or written arguments and replies.

	Step 3	The employer or employee may appeal the decision of the Impartial Hearing Officer to the Board in writing within seven (7) days of receipt of the written decision of the Impartial Hearing Officer. The decision of the governing body shall be final and binding upon the parties.

Level of Review

The role of the Board, in reviewing the decision of the Impartial Hearing Officer, is to solely address the following questions:

	A.	Did the Impartial Hearing Officer follow a fair and impartial process?

	B.	Is there evidence of corruption, fraud, or misconduct by the Impartial Hearing Officer?

	C.	Did the Impartial Hearing Officer make an error of law which makes his/her award invalid?

	D.	Did the Impartial Hearing Officer make an error of fact which makes his/her award invalid?

After answering the above questions, the Board will decide to uphold, modify, or reverse the decision of the Impartial Hearing Officer. The Board will issue its written decision within sixty (60) days from receipt of the appeal.

Procedure for Grievances Concerning Employee Workplace Safety
The employer and employee may mutually agree, in writing, to waive any step to facilitate or expedite resolution of the grievance.

	Step 1	Any employee who personally identifies, or is given information about, a workplace safety issue or incident must notify his/her immediate principal of the issue or incident as soon as reasonably practicable. All workplace safety issues and incidents, no matter how insignificant the situation may appear to be, must be reported by an employee to their immediate principal within twenty-four (24) hours after the incident or issue was raised in order to be addressed as part of the grievance procedure.

		A written report of the incident or issue, outlining the events that transpired and proposed resolution, if any, shall be submitted to the Building Principal for review and consideration within seven (7) days of the incident or issue.

	Step 2	After receipt of the written report, the Building Principal or designee will conduct additional investigation, as required, and normally issue a final report on findings and conclusions within thirty (30) days of receipt of the written reports. Copies of the report will be given to the persons who signed the written report as well as to the Superintendent or designee.

	Step 3	The employee may appeal the findings and conclusions of the Building Principal and request the appointment of an Impartial Hearing Officer within seven (7) days after receipt of the Building Principal's reports. The Impartial Hearing Officer will be appointed by the Superintendent or designee.

		If timely requested, the hearing will normally be scheduled within thirty (30) days of receipt of the request for hearing. The Impartial Hearing Officer may require the parties to submit documents and witness lists in advance of the hearing in order to expedite the hearing. The Impartial Hearing Officer will have the authority to administer oaths, issue subpoenas at the request of either party, and decide if a transcript is necessary. At the conclusion of the hearing, the Impartial Hearing Officer shall render a written decision indicating one of three outcomes: 1) sustaining the conclusions of the Building Principal, 2) denying the conclusions of the Building Principal and ordering additional or alternative remedial measures, or 3) recommending additional investigation prior to final determination. The Impartial Hearing Officer shall issue the written decision to the employee and employer within thirty (30) calendar days from the date of the hearing or submittal of post-hearing briefs. In cases where the Impartial Hearing Officer recommends additional investigation, at the conclusion of the additional investigation, a second, follow-up hearing shall be scheduled. The impartial Hearing Officer may apply relaxed standards for the admission of evidence and may request oral or written arguments and replies.

	Step 4	The employer or employee may appeal the decision of the Impartial Hearing Officer to the Board in writing within seven (7) days of receipt of the written decision of the Impartial Hearing Officer. The decision of the governing body shall be final and binding upon the parties.

Level of Review

The role of the Board, in reviewing the decision of the Impartial Hearing Officer, is to address the following questions:

	A.	Did the Impartial Hearing Officer follow a fair and impartial process?

	B.	If further evidence of corruption, fraud, or misconduct by the Impartial Hearing Officer?

	C.	Did the Impartial Hearing Officer make an error of law which makes his/her award invalid?

	D.	Did the Impartial Hearing Officer make an error of fact which makes his/her award invalid?