Jerome Joint School District No. 261

PERSONNEL 5800P

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 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 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. An exception is that complaints of sexual

harassment should be addressed 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 District’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 District'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 District 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, 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 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 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 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 employee grievance within six working days after the conclusion of the

informal grievance meeting. Thereafter, the employee may appeal the grievance to the Superintendent 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 Superintendent 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 Superintendent or his or her designee or there

is no response from the Superintendent 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 Superintendent, 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 School District is located.

Cross Reference: Policy 5800 Grievance Procedure for Classified Employee

Policy History:

Adopted on: 03/25/2008

Revised on: 10/28/2014

Revised on: 07/25/2017

Revised on: 12/15/2020