The procedure outlined in this section is intended to comply with the requirements of I.C. § 33-517(2). It is not intended to provide any more rights or remedies than are available under statute. To the extent that there is any ambiguity in this procedure or conflict with statute, it is the intent of the Board to follow statute, and this procedure should be construed to conform to the requirements of I.C. § 33-517(2).

Classified Employee Grievance Procedure

Classified employees may file a written grievance alleging a violation of current, written District approved policy, procedure, or employee handbook, a condition or conditions that jeopardize the health or safety of the employee or another, or tasks assigned outside of the employee’s essential job functions and for which the employee has no specialized training in strict accordance with the procedure set forth herein. For the purposes of this procedure current, written District policy means the policy in place and approved by the Board as of the date of the incident giving rise to the grievance and not any previous or subsequent policy.

Neither the rate of pay nor the decision to terminate an employee during the initial one hundred and eighty (180) days of employment shall be regarded as a proper grievable matter.

A classified employee filing a grievance pursuant to this procedure shall be entitled to a representative of their choosing at each step of the grievance process outlined herein. Additionally, the person against whom the grievance is filed and the Superintendent or the Superintendent’s designee shall be entitled to a representative at each step of the grievance process outlined herein. None of these individuals will be qualified to sit on the advisory grievance panel.

The time limits established herein may be waived or modified by mutual agreement only.

Level 1: Informal

A classified employee with a complaint is encouraged to first discuss it with their immediate supervisor, with the objective of resolving the matter promptly and informally. An exception is that complaints of sexual harassment should be discussed with the first line administrator that is not involved in the alleged harassment.

Level 2: Administrator

If the complaint is not resolved at Level 1, the grievant may file a written grievance stating: 1) the nature of the grievance and 2) the remedy requested. It must be signed and dated by the grievant. The Level 2 written grievance must be filed with the District’s human resources director within six (6) working days of the event or incident giving rise to the grievance.

Within six (6) working days of receipt of the grievance, the District’s human resources director shall schedule an informal grievance meeting with the grievant, the employee against whom the grievance is filed, any known advocates, and may include a building administrator or director who will not be involved in the statutory grievance process. The purpose of the meeting shall be to attempt to find a resolution to the employee grievance.

If the complaint alleges a violation of Title IX, Title II, Section 504 of the Rehabilitation Act, or sexual harassment, the person who received the written grievance shall turn the complaint over to the Nondiscrimination Coordinator who shall investigate the complaint The District has appointed Nondiscrimination Coordinators to assist in the handling of discrimination complaints. The Coordinator will complete the investigation and file the report with the Superintendent within thirty (30) days after receipt of the written grievance. The Coordinator may hire an outside investigator if necessary. If the Superintendent agrees with the recommendation of the Coordinator, the recommendation shall be implemented. If the Superintendent rejects the recommendation of the Coordinator, and/or either party is not satisfied with the recommendations from Level 2, either party may make a written appeal within fifteen (15) days of receiving the report of the Coordinator to the Board for a hearing.

Level 3: Superintendent

If a resolution is not reached during the informal grievance meeting, the individual against whom a grievance is filed shall file a written response to the grievance within six (6) working days after the conclusion of the informal grievance meeting. Thereafter, the employee who filed the grievance may appeal the grievance to the Superintendent or the Superintendent’s designee within six (6) working days of the receipt of the written response or within six (6) working days from the date the written response was due if the classified employee received no written response. Within six(6) working days of an appeal, the Superintendent or designee shall provide a written response to the employee.

Level 4: Hearing Panel

If the classified employee who filed the grievance is not satisfied with the decision of the Superintendent or the Superintendent’s designee or there is no response from the Superintendent or the Superintendent’s designee the employee may request a review of the grievance by a hearing panel within six (6) working days of the response or lack thereof. A written appeal must be submitted to the Board and, within ten (10) working days of receiving the appeal the Board shall convene a hearing panel consisting of three (3) persons; one (1) to be selected by the Board, one (1) to be selected by the employee and one (1) to be mutually agreed upon by the two (2) appointed members of the panel. The panel shall submit its decision in writing to the employee, the Superintendent and the Board within ten (10) working days of completing its review.

Level 5: The Board

The panel’s decision shall be final unless the Board overturns the panel’s decision by resolution at the Board’s next regularly scheduled public meeting. The decision of the Board will be final, unless appealed within forty-two (42) calendar days of the Board’s resolution to overturn the panel’s decision in the district court in the county in which the school District is located.

Cross Reference: 5800 Classified Employment, Assignment and Grievance

Legal Reference: I.C. § 33-517 Non-certificated personnel

Procedure History: Promulgated on: April 9, 2013
Revised on: October 14, 2014, 6-10-25