3139.01 - JUST CAUSE AND APPEAL

Nettle Creek School Corporation

Bylaws & Policies

3139.01 - JUST CAUSE AND APPEAL

A teacher shall not be reprimanded, suspended with or without pay, or discharged without just cause. Teacher is defined in this policy as a permanent teacher or semi-permanent teacher as defined by I.C. 20-6.1-4-9.5.

Appeal Process

	A.	This provision stipulates the conditions under and procedures by which a certificated school employee or employees in the event of a group grievance, who alleges that s/he/they was/were reprimanded, suspended with or without pay, or discharged without just cause, may proceed.
	B.	As used in this provision, "day" means school employer assigned duty day of the teacher which occurs during the term of a teacher’s individual contract, provided, however, that at all other times, "day" shall mean week day.
	C.	Structure:

		1.	The teacher may be represented in this process by any Association representative(s) of his/her choice.
		2.	Time limits provided in this procedure shall be strictly observed and adhered to, but may be extended by written agreement of the parties.
		3.	Hearings shall be conducted during non-school hours, unless there is a mutual written agreement for other arrangements.
		4.	All documents, communications, and records dealing with the processing of an appeal under this provision shall be filed separately from the official personnel file of the teacher(s) involved. At the conclusion of the appeal process, the final ruling shall be placed in the teacher(s)’ employee file(s).

Procedure:

		1.	Within ten (10) days of the time that a teacher knew or should have known of the reprimand, suspension with or without pay, or discharge giving rise to these appeal procedures, the association must, in order to appeal said action under this provision, submit to the Board in writing, a statement of intent to appeal said action to binding arbitration as specified herein.
		2.	Within fifteen (15) days after written notification to the Board of intent to appeal the issue to binding arbitration, the Association may request in writing a pre-arbitration conference to be held within ten (10) days of said written request. At said conference, the parties shall exchange witness lists and documentary evidence available by said conference date, and shall attempt to reach agreement on the issue(s).
		3.	If agreement is not reached on the issue(s) at the pre-arbitration conference, the Association may submit the issue(s) to binding arbitration within ten (10) days following the conclusion of the pre-arbitration conference. The selection of the arbitrator and the arbitration proceedings shall be governed by the rules of the American Arbitration Association.
		4.	The arbitrator shall hold a hearing as soon as possible. The arbitrator shall make every effort to render his/her award within thirty (30) days of the date on which the record is closed. The arbitrator shall submit to both parties his/her decision and award which shall be final and binding on both parties, it being understood that an appeal of said decision and award may be made to a court of competent jurisdiction under applicable statutory provisions.
		5.	The award of the arbitrator shall be in writing and shall be signed by the arbitrator.
		6.	The arbitrator shall have no power to amend, add to, modify, subtract from, disregard, or supplement any of the terms of the just cause provision or appeal process, the negotiated agreement between the parties, or School Board policies. His/Her powers shall be limited to deciding whether the Board had just cause for its action in reprimanding, suspending with or without pay, or discharging the teacher(s), whichever is applicable, under this procedure, and directing where appropriate, a remedy.

Costs of Arbitration:

The fees and expenses of the Arbitrator shall be shared equally by the Board and Association, and all other expenses shall be borne by the party incurring them.