A "Grievance" is defined as a claim that there has been a violation, misinterpretation, or misapplication of the terms and conditions or any provision of this agreement, or any complaint alleging improper, arbitrary, capricious, or discriminatory enforcement or application of Board policy, practices, and/or administrative guidelines, and fair treatment affecting members of the bargaining unit.

The term "grievant" or "aggrieved" shall be taken to mean any member of the bargaining unit, any group of members acting as a class, the Association itself acting on behalf of itself or for any member or group of members of the bargaining unit.

"Days" as used in this procedure shall be any day Monday through Friday exclusive of calamity days, negotiated, school observed or federally recognized holidays.

"Representation or representative" as provided for in this section shall be: any member of the Association or its affiliates, any consultant or employee of the affiliate, or legal counsel of the Association or its affiliates.

The time limits provided for in this Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15th of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as reasonably possible.

All written requests, grievances, relief sought, and grievance dispositions as called for in the procedure shall be sent to the receiving party by letter or personal service at each step of the procedure. If the service is personal service, the individual making such service shall indicate the time and date of service and the person receiving same shall affix his/her signature thereto.

The Association may bring a grievance on behalf of a teacher and all other teachers similarly situated if the facts and circumstances giving rise to the class grievance are substantially the same for teacher in the class. The Association may bring a grievance on behalf of itself.

The grievant may be represented at all stages of the grievance procedure by any representative as defined above.

When any member of the bargaining unit brings a complaint or "grievance" as defined by R.C. 4117.03 and is not represented by the Association, the Association shall have the right to have its representative present, to state the views of the Association and offer testimony at all stages of such a hearing process or procedure.

Except when there is a mutual agreement otherwise, the president of the Association or his/her designee and the grievant shall receive prior notice at least twenty-four (24) hours in advance of each meeting/hearing held with a grievant after the grievance has been formally filed.

Nothing contained herein shall limit or otherwise exclude any grievant from seeking redress from any government agency, regulatory body, or any court of law with jurisdiction in this School District.

No reprisal of any kind shall be taken by or against any participant in the grievance procedure by reason of participation or use of this grievance procedure.

If a grievance appears to arise from the actions of an authority higher than the principal and/or affects a group of members of the Association, it may be submitted at Step II described herein and the processing of such grievance shall commence at Level II. Class grievances involving more than one principal and/or grievances involving the Superintendent may be filed by the Association at Step II. In matters dealing with alleged violations of Association rights, the grievance shall be initiated at Step II.

Grievances shall be presented and handled during regular working hours. Other times for hearings and meetings shall be set by mutual agreement of the parties. No reduction in compensation shall occur for any teacher as a result of participation in any grievance proceeding.

The Board, the administration, and the Association will cooperate with the investigation of any grievance and further, the parties will furnish each other such information as is requested for the processing of any grievance. Should the investigation and/or processing of any grievance require that a teacher and/or an Association representative be released from his/her regular assignment, s/he shall be released without loss of pay or benefits.

Hearings held under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled or required to be present to attend. Formal hearings held under this procedure shall be structured so that due process under the circumstances is accorded to both sides. Each hearing shall have provision for: initial presentation of the grievant's case, presentation of the administration's response/case, questioning of witnesses or representatives, and final summaries, with either party having the right at its option to waive any or all of the foregoing.

Nothing in this contract shall bind the Association from exercising discretion in resolving to pursue or not to pursue a grievance at any level.

The Association may continue and submit to arbitration any grievances filed by an individual and later dropped provided the grievance involves the application or interpretation of this Agreement.

A grievance may be withdrawn at any level without prejudice or record.

In the event that the grievant believes there is a basis for a grievance, s/he may first discuss the alleged grievance with the immediate administrative person who has the authority to bring about a resolution of the alleged problem.

Step I

No later than thirty (30) working days after the grievant knew about the occurrence of the alleged violation giving rise to the grievance, the grievant may submit a completed and signed Step I grievance form to the administrator who has the authority to bring about a resolution of the alleged problem. Said administrator will acknowledge receipt of the grievance form by initialing two (2) copies of such completed form. Once the form has been initialed, a copy of the completed form shall be given to the grievant and to the Association representative. Such administrator shall meet with the grievant and his/her Association representative, in an effort to resolve the grievance. After such meeting but within seven (7) days of receipt of the Grievance form, the administrator shall indicate his/her disposition of the grievance in writing, and forward a copy thereof to the grievant and the Association. If such disposition is not timely filed, the grievance will be automatically forwarded to the next step.

Step II

If the grievant or the Association is not satisfied with the disposition of the grievance at Step I, the grievant, through the Association, or the Association may initiate step II by completing a written Grievance Report Form Step II and submitting it to the Superintendent. The Superintendent and/or his/her designee shall meet with the grievant and his/her Association representative for the purpose of resolving the grievance. After such meeting but within seven (7) days after the receipt of the completed grievance form, the Superintendent shall indicate this disposition of the grievance in writing, and forward a copy thereof to the grievant, the Association, and Administrator(s) involved. If such disposition is not timely filed, the grievance will be automatically forwarded to the next step.

Step III

If the grievant or the Association is not satisfied with the disposition made by the Superintendent, the grievant through the Association, or the Association may initiate Step III by completing a proper Grievance Report Form and submitting it to the Board. The completed forms will be filed with the Treasurer of the Board and the Superintendent. The Board shall meet with the grievant, the Association representative, and the Superintendent or his/her designee, to review the grievance and attempt to resolve same. After such meeting but within three (3) weeks of the receipt of the grievance form, the Board shall reduce its disposition of the grievance to writing and forward a copy thereof to the grievant, the Association and the Superintendent. If such disposition is not timely filed, the grievance will be automatically advanced to the next step. Upon mutual agreement of the parties to the grievance, the grievance may be submitted to Step IV without a hearing before the Board.

Step IV

If the grievant or the Association is not satisfied with the disposition of the grievance by the Board, the grievant through the Association or the Association may submit the grievance to an impartial arbitrator by filing a request for arbitration with the Treasurer of the Board and the Superintendent. Within three (3) school days after the submission of the request, the Association representative and the Superintendent shall meet to select the arbitrator. If no arbitrator is selected within seven (7) days, the demand for arbitration and the request for an arbitrator shall be submitted to the American Arbitration Association in accordance with its rules, which rules (American Arbitration Association rules for voluntary labor arbitration or the American Arbitration Association rules for expedited labor arbitration) shall likewise govern the arbitration proceeding. Both parties may be represented at the arbitration hearing.

The jurisdiction and authority of the arbitrator and his/her opinion and award shall be limited to the interpretation of the written provisions of this agreement and to Board policy, guidelines, practices and/or procedures affecting bargaining unit members. The arbitrator shall have no power to alter, add to, or subtract from or in any way modify the terms and conditions of this Agreement or Board policy, guidelines, practices and/or procedures affecting members of the bargaining unit. A court of competent jurisdiction shall be the appropriate forum for the resolution of disputes over whether or not any written provisions of said Agreement and Board policy, guidelines, practices and/or procedures affecting members of the bargaining unit are contrary to law.

In any arbitration proceeding where a question concerning the arbitrator's jurisdiction over the grievance is raised, the arbitrator shall make a separate decision on the question of his/her jurisdiction. In his/her decision the arbitrator shall first rule upon the jurisdictional issues and, if s/he determines that s/he has no jurisdiction, s/he shall make no decision or recommendation concerning the merits of the grievance. Nothing contained herein shall prohibit the arbitrator from taking all evidence of the jurisdictional issues and the merits of the grievance in a single hearing.

The arbitrator will render his/her decision in writing within thirty (30) days, or such additional time as the parties may in writing agree, after any grievance has been submitted to him/her. His/Her decision, when so rendered as required by law, will be binding upon the parties and may be enforced in any court of competent jurisdiction.

The fees and expenses for the services of the arbitrator will be borne equally by the Board of Education and the Association.