The purpose of this procedure is to secure, at the lowest administrative level, the resolution of claims arising from a violation, application, or misinterpretation of School Board policies or administrative action. The provisions of this policy do not apply to employees covered by a collective bargaining agreement. No employees may use the grievance procedure to appeal:
|A.||a suspension or termination of employment;
|B.||a non-renewal of a contract and/or nonreappointment; or,
|C.||the professional judgments and conclusions of the supervisor in concluding a performance evaluation.
As used in this policy, the following terms have these meanings:
grievance is a written and signed complaint by one or more employees
that alleges a violation, misinterpretation, or misapplication of Board
policy or complains of an adverse administrative action, excluding a
complaint of discrimination or harassment prohibited by any Board policy
for which a complaint procedure is established.
|B.||The term "employee" means every employee of the Board not covered by a collective bargaining agreement.
term "grievant" or "grievants" means an employee or group of employees
who allege a violation, misinterpretation, or misapplication of Board
policy or complain of an adverse administrative action. No grievance
may be processed anonymously.
term "supervisor" means the principal, director, area superintendent,
assistant superintendent, superintendent or other administrative who has
the direct responsibility of supervising or managing the grievant and
who has the authority to take action necessary to resolve the grievance.
|E.||The term "days" will mean work days unless a calendar day is specified.
The following procedure will apply to all grievances not otherwise excluded above. The failure of the grievant to appeal the grievance to the next level will be deemed to be acceptance of the decision rendered at the decision rendered at the last level. The failure of the administration to render a decision within the time limits set forth herein will allow the grievant to appeal to the next highest level above the level at which the decision was not timely filed. The time limits specified herein will be considered a maximum unless the time is extended by mutual consent.
|A.||Level One - Informal Conference
ten days after the employee knows or reasonably should have known of
the grievable incident, the employee will discuss the matter with the
immediate supervisor with the objective of informally resolving the
matter. The grievant shall inform the supervisor that she/he is
availing himself/herself of the grievance process. The supervisor shall
summarize the conversation in writing within ten work days of the
discussion, and that writing must be signed by the employee making the
informal complaint or marked as "refused to sign", if appropriate.
|B.||Level Two – Filing a Written Grievance
15 work days after the informal conference described in Level One, if
no satisfactory disposition is made, the employee may file a written
grievance with the supervisor. The written grievance shall set forth
specifically the event(s) upon which the grievance is based, citing the
policy and/or directive alleged to be violated, the date the alleged
infraction took place, and grounds upon which the grievance is made.
The employee must sign and date the grievance.
15 work days after receiving the written grievance, the supervisor
shall schedule another meeting with the employee. Within 15 work days
of the second meeting, and after investigating the allegations, the
supervisor shall issue a written decision to the employee.
|C.||Level Three – Review by the Supervisor’s Superior
15 work days after the supervisor’s decision, if the employee is not
satisfied with the supervisor’s decision or if no decision has been
issued, the employee may forward the written grievance and the
supervisor’s decision to the supervisor’s superior or to the applicable
chief officer. The written grievance shall set forth specifically the
event(s) upon which the grievance is based, citing the policy and/or
directive alleged to be violated, the date the alleged infraction took
place, and grounds upon which the grievance is made. The employee must
sign and date the grievance. If the grievance is not forwarded to the
superior or chief officer within the designated time, the grievance is
considered withdrawn from the grievance process and shall be so noted in
the grievance file.
15 work days after receiving the grievance, the superior or chief
officer will schedule a meeting with the employee. Within 15 work days
of that meeting, and after further investigating the allegations as
appropriate, the superior or chief officer shall issue a written
decision to the employee. A copy shall be provided to the supervisor.
|D.||Level Four – Appeal to the Applicable Chief Officer
15 work days after the superior issues a written decision, if the
employee is not satisfied with the decision (or if no decision has been
issued within 15 work days of the meeting), the employee may appeal the
decision, in writing, to the applicable chief officer. If the grievance
is not forwarded to the applicable chief officer within the designated
time, the grievance is considered withdrawn from the grievance process
and shall be so noted in the grievance file.
appropriate chief officer/designee may appoint an ad hoc grievance
review committee. The chair of the committee will be the
highest-ranking District official on the committee. The committee will
|a.||one member from District management, selected by the Superintendent;
|b.||one member selected by the grievant, and
third member selected by agreement of the first two members. If the
third member is not selected by the other committee members within seven
calendar days, the Superintendent/designee shall appoint a third member
to serve on the committee.
an effort to resolve the grievance, within 15 work days after the
committee is designated, the committee shall meet with the grievant and
the supervisor or superior of the person alleged to have violated,
misinterpreted, or misapplied a policy or directive. Other persons may
be presented as witnesses at the meeting by either the grievant or the
supervisor/superior. The committee shall issue a written recommendation
within 15 work days after the meeting, determining whether any
violation has occurred, and if so, an appropriate remedy. A copy of the
recommendation shall be provided to the grievant, supervisor or
superior, the General Manager of Employee Relations, and the
recommendation of the committee shall be forwarded to the
Superintendent for review. The Superintendent/designee shall review the
recommendation of the committee and the record of the grievance. If
the Superintendent/designee finds that a meeting with the grievant would
assist in the final determination, the Superintendent/designee may
schedule a meeting for the purposes of this review. The
Superintendent/designee’s decision is the final and binding decision of
Rights of Employees
any of the grievance levels, the employee may be represented by a
person of the employee’s choice once the grievance is filed with the
supervisor. For grievances that are filed by employees who choose to be
represented by legal counsel, the process will begin at the chief
officer phase of Level 3 of the grievance process.
retaliation or reprisals of any kind shall be taken by any member of
administration or other employee against the employee, representative,
or any other participant in the grievance procedure by reason of such
report forms for filing a grievance will be available on the Board
website. Employees are to be notified of the procedures in this policy
through its posting on the Board policies website.
of the employee to advance the grievance through the procedure within
the time lines designated will result in immediate dismissal of the
a preliminary investigation is begun regarding a complaint, the written
complaint and documents relating to the investigation are confidential,
pursuant to F.S. 119.07(3)(p) & (u), 1012.33, and 1012.796, until
the investigation is either concluded or ceases to be active.
records pertaining to a grievance may be filed in a separate grievance
file and may not be kept in the official "personnel file" of the
employee/applicant, but this grievance file will be treated as provided
by F.S. 119.07 and 1012.31. All decisions of management are to be
forwarded to the labor relations department, which shall be designated
as the custodian of those records for grievances. The grievance file is
subject to disclosure pursuant to the Public Records law and F.S.
a grievance is filed under the grievance procedure in a collective
bargaining agreement, the employee shall not pursue the grievance under
filing of a grievance shall not interfere with the right of the Board
to carry out its responsibilities, subject to the final decision on the
F.S. 119.07(3)(p) & (u), 1001.41, 1001.42, 1001.43, 1012.23, 1012.31
F.A.C. Chapter 6A-19
34 C.F.R. 104.7
© Hillsborough 2014