Classified Employee Grievance Procedure
Classified employees may file a written grievance alleging a violation of current, written RISE Charter School 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 RISE Charter School 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 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 Executive Director or his or her 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.
Neither the Board nor any member of the administration shall take reprisals affecting the employment status of any party in interest. The employee filing a grievance shall not take any reprisals regarding the course of the outcome of the grievance nor take any reprisals against any party or witness participating in the grievance.
Level 1: Informal
A classified employee with a complaint is encouraged to first discuss it with his or her immediate supervisor with the objective of resolving the matter promptly and informally addresses as described in Policy 3085 and Procedure 3085P.
Level 2: Administration
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 RISE Charter School’s human resources administrator within six working days of the event or incident giving rise to the grievance. Within six working days of receipt of the grievance, the RISE Charter School's human resources administrator shall schedule an informal grievance meeting with the grievant, the employee against whom the grievance is filed, any known advocates, as well as a RISE Charter School administrator 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, or Section 504 of the Rehabilitation Act, or sexual harassment that is found to not fall within the scope of Policy 3085 and Procedure 3085P, the person who received the written grievance shall turn the complaint over to the nondiscrimination coordinator who shall investigate the complaint. The RISE Charter School has appointed nondiscrimination coordinators to assist in the handling of discrimination complaints. The coordinator will complete the investigation and file the report with the Executive Director within 30 days after receipt of the written grievance. The coordinator may hire an outside investigator if necessary. If the Executive Director agrees with the recommendation of the coordinator, the recommendation shall be implemented. If the Executive Director 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 15 days of receiving the report of the coordinator to the Board for a hearing.
Level 3: Executive Director
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 employee grievance within six working days after the conclusion of the informal grievance meeting. Thereafter, the employee may appeal the grievance to the Executive Director or his or her designee within six working days of the receipt of the written response or within six working days from the date the written response was due if the classified employee received no written response. Within six working days of an appeal, the Executive Director or designee shall provide a written response to the employee.
Level 4: Hearing Panel
If the classified employee is not satisfied with the decision of the Executive Director or his or her designee or there is no response from the Executive Director or designee, the employee may request a review of the grievance by a hearing panel within six working days of the response or lack thereof. A written appeal must be submitted to the Board and within ten working days of receiving the appeal. The Board shall convene a hearing panel consisting of three persons; one to be selected by the Board, one to be selected by the employee and one to be mutually agreed upon by the two appointed members of the panel. The panel shall submit its decision in writing to the employee, the Executive Director, and the Board within ten 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 42 calendar days of the Board’s resolution to overturn the panel’s decision in the district court in the county in which the RISE Charter School is located.
Procedure History:
Promulgated on: July 12, 2021
Revised on:
Reviewed on: