STAFF CONCERNS/COMPLAINTS/GRIEVANCE / Descriptor Code:
GBK
"Grievance", as used in this policy, is hereby defined as a complaint or dispute of an individual employee or a group of employees related to personnel policy, salary, federal or state laws and regulations, or terms or conditions of employment.
STEP 1*
An employee who feels that he/she has a grievance should present the matter in writing to his/her immediate supervisor or principal, whomever has the authority and responsibility to deal most effectively with the grievance. The written grievance should specify what policy or statute is alleged to have been broken, and the details of the incident. If the problem is resolved, or no further action is necessary, the matter is considered closed. NOTE: In cases of group grievances, any appeal at each or any level must be newly signed only by original grievants who wish to continue with the appeal process.
STEP 2*
If the grievance is unresolved after Step 1, the grievant may, within five (5) working days after the completion of Step 1, present an appeal in writing to the next administrative level. Depending on the nature of the grievance, the administrator may choose to meet with the grievant within ten (10) working days of receipt of the grievance or he/she may simply respond in writing. A written response must be hand-delivered to the grievant or postmarked within five (5) working days of the receipt of the appeal from the employee if a meeting is not held, or within five (5) working days of the meeting, if one is held.
STEP 3*
If the grievance is unresolved after Step 2, the grievant may, within five (5) working days after the completion of Step 2, request an appeal to the superintendent or his or her designee. Depending on the nature of the grievance, the superintendent or designee may choose to meet with the grievant within ten (10) working days of receipt of the grievance or he/she may simply respond in writing. A written response must be mailed to the grievant and postmarked within five (5) working days of the receipt of the appeal from the employee if a meeting is not held, or within five (5) working days of the meeting, if one is held.
STEP 4
If the grievance is unresolved after Step 3, the grievant may submit to the superintendent a written request for a hearing before the Rogers Board of Education at the next regularly scheduled board meeting, unless both parties have agreed to a different date. The hearing shall be open to the public unless the employee requests a closed hearing. If the hearing is open, the parent or guardian of any student under the age of eighteen (18) years who gives testimony may elect to have the student’s testimony given in a closed session. The employee shall have an adequate opportunity to present the grievance but no less than (90) minutes unless a shorter period is agreed to by the employee, and both parties shall have the opportunity to present and question witnesses. The decision of the board shall be final.
An employee shall be entitled to and shall be offered the opportunity to have a witness or representative of the employee’s choice present during any disciplinary or grievance matter with any administrator. However, the representative may not be a member of the employee’s immediate family at any level in the disciplinary or grievance process.
*The determination by the principal, superintendent, or their designees that the concern expressed by the employee is not a grievance may be appealed to the board for a final decision.
Legal reference: Ark. Ann. Code 6-17-208 through 6-17-210
Policy Adopted
Revised 10/28/81, 3/14/95, 4/14/98, 1/18/00, 9/20/05, 4/15/08, 6/17/08, 5/19/09, 3/15/16
Reviewed 4/16/13
Rogers School District No. 30