5245 -EMPLOYEE GRIEVANCES

The intent of this policy is to secure, at the lowest possible level, equitable solutions to problems affecting employees. These grievance proceedings shall be kept as informal and confidential as possible at all levels of the procedure.

An employee grievance is defined as the formal written claim by a Durham Public Schools employee or group of employees that there has been a violation, misinterpretation, or misapplication of federal or state law or regulation, or Durham Public Schools policies. A grievance also includes any matter subject to appeal under

Legal Reference: G.S.115C-45(c) or

Legal Reference: G.S.115C-305. A grievance does not include appeals from decisions of school employees for which other avenues of appeal to the Board exist.

It is desirable for grievances to be resolved through free and informal communications. An employee should first attempt to resolve any grievance through discussion with the employee's supervisor. If a grievance cannot be resolved at this level, the aggrieved employee may request a grievance conference with the supervisor.

Failure of an employee to comply with timelines listed below will result in denial of the grievance or appeal.

The Board prohibits retaliation against an employee who files a grievance under this policy.

Failure of the school administration to comply with these timelines will result in automatic right of appeal to the next level.

5245.1 Step I -- Supervisor Conference An employee wishing to invoke the grievance procedure shall make a written request for a conference with the supervisor. The request shall describe the grievance and name the specific policy, rule or law believed to have been violated. The following additional guidelines shall be observed in Step I:
A. A grievance shall be filed as soon as possible but not longer than thirty (30) calendar days after disclosure of the facts giving rise to the grievance.

B. The supervisor shall grant the conference within five (5) work days following receipt of the request. The supervisor will state in writing his/her position on the question to the employee within five (5) work days following the conference.

C. The supervisor conference should involve the supervisor and employee only, unless they both agree to include other participants. 5245.2 Step II -- Appeal to the Superintendent If the grievance is not resolved at Step I, the employee may appeal the supervisor's decision in writing to the Superintendent. The appeal must be made within five (5) work days following receipt of the supervisor's written response (see guideline B of Step I above). The Superintendent or designee shall review the grievance and conduct an informal hearing within ten (10) work days following receipt of the appeal. A written response shall be made to the employee and supervisor from the Superintendent or designee within five (5) work days following the review.

The aggrieved party may appeal the Superintendent's decision to the Board of Education as provided by

Legal Reference: G.S.115C-45. The appeal must be made within five (5) work days following receipt of the Superintendent's response.

5245.3 Step III -- Appeal to the Board of Education A panel of the Board consisting of three (3) members shall hear the grievance. Any appeal to the Board panel shall be on the record unless the panel determines that additional information may be presented. At the appeal hearing, each side normally shall be allotted 30 minutes to present oral argument. The aggrieved party will be informed in writing of the panel's decision within five (5) work days. The Board panel may affirm, disaffirm, or modify the decision of the Superintendent. The Superintendent will develop a grievance form to assist in recording each step of the grievance process. If the Board panel fails to reach a unanimous decision on the grievance, the matter will be reviewed by the full Board for a final decision.

Legal Reference: G.S.115C-45; Title IX of the Education Amendments of 1972 Cross Reference: Policy 5000 - Equal Employment Opportunities Policy 1230 - Board Committees
Adopted Effective: July 1, 1999