4340 - GRIEVANCE PROCEDURE

Hartford Union High School District

Bylaws & Policies

4340 - GRIEVANCE PROCEDURE
Purpose

The purpose of this procedure is to provide employees with a method by which they can appeal their termination or discipline, or a decision concerning workplace safety.

A grievance will be sustained if it is determined that the discipline was arbitrary and capricious. A grievance will be denied if it is determined that the District had a rational basis for the employee’s termination or discipline, or decision concerning workplace safety.

	1.01– Definition

	"Grievance" is defined as any disagreement between the District and an employee arising out of the employee’s termination or discipline, or arising out of a decision concerning workplace safety. A grievance is not valid for any other purpose.

	"Discipline" is defined as a written warning, suspension with or without pay, docking of pay or benefits, or termination of employment.

	1.02– Initiating a Grievance

	The grievance must be mailed and postmarked to the Human Resources Coordinator within ten (10) Working Days of the event that caused the grievance or the date the employee knew, or should have known, of the event that caused the grievance.

	1.03– Form of Grievance

	The grievance must be in writing and signed and dated by the employee. The grievance must contain a description of the pertinent facts which gave rise to the grievance which should typically include any and all known events, actions, dates and witnesses underlying the employee’s termination or discipline, or decision concerning workplace safety. The grievance must specify the remedy requested to satisfy the grievance.


	1.04– Grievance Procedure

A.		Burdens: The employee must establish, by a preponderance of the evidence, that the District acted arbitrarily and capriciously in terminating or disciplining the employee or in regard to workplace safety. If the employee is successful in such a showing, a rebuttable presumption arises that the grievance is sustained. The burden then shifts to the District to show, by a preponderance of the evidence, that it had a rational basis for any termination, discipline, or decision concerning workplace safety. If the District is successful in such a showing, the burden then shifts back to the employee to establish, by a preponderance of the evidence, that the rational basis established by the District is merely pretext for acting arbitrarily and capriciously.

B.		Level 1: Within ten (10) Working Days of the receipt of the grievance by the Human Resources Coordinator , he/she shall meet with the aggrieved employee regarding the grievance. The Human Resources Coordinator must respond in writing within ten (10) Working Days of this meeting providing a decision concerning the grievance. A copy of the written response must be mailed to the employee.

C.		Level 2: If the grievance is not resolved by the Human Resources Coordinator’s decision, the employee shall have the right to appeal the decision to the District Administrator. Within ten (10) Working Days of receipt of the Human Resources Coordinator’s decision, the employee must provide written notice of his/her intent to appeal the decision by mailing and postmarking such written notice to the District Administrator.

		Within ten (10) Working Days of the receipt of the District Administrator hall meet with the aggrieved employee regarding the grievance. The District Administrator must respond in writing within ten (10) Working Days of this meeting providing a decision concerning the grievance. A copy of the written response must be mailed to the employee.


	D.	Level 3: If the grievance is not resolved by the District Administrator’s decision, the employee shall have the right to appeal the District Administrator’s decision to an impartial hearing officer. Within ten (10) Working Days of receipt of the District Administrator’s decision, the employee must provide written notice of his/her intent to appeal the decision by mailing and postmarking such written notice to the District Administrator.

		The impartial hearing officer will be selected by the District. The hearing shall be conducted in a manner prescribed by the impartial hearing officer. The impartial hearing officer shall hold the hearing at a time and place convenient for the District and the employee. The impartial hearing officer shall take such evidence as in his or her judgment is appropriate for the disposition of the dispute. Witnesses may be called by the District or the employee and oral or written statements of position may be made by the parties.

		The impartial hearing officer shall render a written decision as soon as possible to both the District and the employee. The impartial hearing officer shall be strictly confined to determining whether the District had a rational basis for the termination, discipline, or decision concerning workplace safety. If the impartial hearing officer determines that the District acted arbitrarily and capriciously in regard to an employee’s termination or discipline, or decision concerning workplace safety, the hearing officer will communicate with the parties to engage in conciliation concerning what remedy is appropriate, or, if such fails, will order a remedy for the termination, discipline, or decision concerning workplace safety.

	E.	Level 4: Either the District or the employee can appeal the decision of the impartial hearing officer to the Board of Education. Within (10) Working Days of receipt of the impartial hearing officer’s decision, the party wishing to appeal the decision must provide written notice of their intent to appeal the decision by mailing and postmarking such written notice to the opposing party (the employee or the District Administrator.)


		The District Administrator will arrange for an appeal hearing before the Board of Education at a time and place convenient for the Board, the District Administrator, and the employee. The Board of Education shall receive copies of any written submissions made by the parties to the impartial hearing officer and a copy of the transcript of the proceedings from the hearing before the impartial hearing officer. An appeal hearing will be held before the Board of Education in open session. The employee and the District Administrator will each be provided with an opportunity to argue why the hearing officer’s decision is valid or invalid. The hearing shall be conducted in a manner prescribed by the Board of Education, but no new evidence shall be taken. After conducting the appeal hearing, the Board of Education will meet in closed session to deliberate. A written decision on whether the District had a rational basis for the termination, discipline, or decision concerning workplace safety will be issued within 5 days. The Board’s decision is final and cannot be appealed.

	1.05– Costs

	A.	Any fees, costs, or expenses charged by the impartial hearing officer, if any, shall be borne equally by the District and the employee. Either the District or the employee may request a transcript of any proceedings and shall bear such cost individually. However, if both the District and the employee desire a transcript of any proceeding, the cost shall be borne equally.

	B.	The expenses relating to the use of employee and non-employee witnesses shall be borne by the party at whose request such witnesses or depositions are required. Any aggrieved employee time spent on the hearing or any proceeding shall be unpaid. To the greatest extent practical, the employee must provide at least three (3) weeks notice of his/her intent to utilize a current employee at a proceeding so that the District and current employee can make the appropriate scheduling arrangements.


	C.	Any and all attorneys’ fees which may result from proceedings held under this written procedure shall be borne exclusively by the party retaining the attorney. Either the District or the employee may retain the services of an attorney at any stage of the proceedings.

	1.06– Remedies

	If it is determined that the District had a rational basis for the employee’s termination or discipline, or decision concerning workplace safety, the termination, discipline, or decision concerning workplace safety must be upheld or modified.

	If it is determined that the District acted arbitrarily and capriciously concerning the employee’s termination or discipline, or decision concerning workplace safety, the termination, discipline, or decision concerning workplace safety will be reversed, modified, and/or an award of any lost wages may be ordered.

	1.07– Time Limitations

	A "Working Day" does not include Saturdays, Sundays, or holidays. While any time period may be extended by mutual agreement of the parties, such agreement must be in writing.

	The time limitations shall be strictly construed and any grievance or appeal not filed within the time limitations provided for in this procedure shall be deemed waived and not be subject to the grievance procedure or the appellate procedure on its merits.

Adopted 8/24/11