Policy 3.31

Grievance Procedure for Employees

1. Purpose.-- The purpose of this procedure is to secure, at the lowest administrative level, equitable solutions to claim(s) arising from a violation, misapplication, or misinterpretation of School Board Policies or Administrative Directives, and to establish an orderly succession of procedures wherein these solutions may be pursued. The provisions of this policy do not apply to employees covered by a collective bargaining agreement. No employees, including probationary employees, may use the grievance procedure in any way to appeal:

   1. A suspension or termination of employment;

   2. A non-renewal of a contract and/or a nonreappointment;

   3. The professional judgments and conclusions of the supervisor in conducting a performance evaluation; and/or

   4. The procedures and decisions made pursuant to this Policy.

   No grievance shall be processed anonymously.

2. Definitions.-- As used herein, the following terms have these meanings:

   1. A "grievance" is a written complaint which alleges a violation, misinterpretation, or misapplication of School Board Policy or Administrative Directives, excluding discrimination or harassment prohibited by and addressed in Policies 3.05 and 3.19.

   2. The term "employee" includes every employee, instructional or non-instructional, of the School Board of Palm Beach County.

   3. The terms "grievant" and "complainant" refer to an employee who alleges in writing that he/she has been subjected to a violation, misapplication, or misinterpretation of School Board Policies or Administrative Directives.

   4. "Accused/employee" refers to an employee who is alleged to have subjected another employee to a violation, misapplication, or misinterpretation of School Board Policies or Administrative Directives.

   5. The term "supervisor" means the principal, director, area superintendent, Assistant Superintendent, Superintendent of Schools or other department administrator who has the direct responsibility of supervising or managing the aggrieved employee and who has the authority to take action necessary to resolve the grievance. For purposes of this Policy, this term may also include a consultant retained by the Board to provide interim management assistance.

   6. The term "superior" as used herein refers to the supervisor of the aggrieved employee's immediate supervisor.

   7. A "chief officer" is the Chief of Staff, Chief Academic Officer or the Chief Operating Officer.

   8. The term "days" in this Policy shall mean work days unless calendar days are specified.

3. Procedure for Grievances -- The following grievance procedure applies when the grievance is based on an allegation of a violation, misapplication, or misinterpretation of School Board Policies or Administrative Directives. Failure of the grievant to appeal the grievance to the next level within the timeline set forth herein shall be deemed to be acceptance of the decisions rendered at that level. Failure at any step of this procedure to communicate the decision on a grievance within the specified timelines shall permit the grievant to appeal to the next level. The timelines specified at each level shall be considered a maximum except when extended in writing by mutual consent.

   1. Level One : Informal Conference

      Within ten (10) work days after the employee first knows or reasonably should have known of the grievable incident, the employee shall initially discuss the matter with the immediate supervisor with the objective of informally resolving the matter. The grievant shall inform the supervisor that he/she is availing himself/herself of the grievance process. The supervisor shall summarize the conversation in writing within ten (10) work days of the discussion, and that writing must be signed by the employee making the informal complaint or marked as “refused to sign”, if appropriate.

   2. Level Two : Filing a Written Grievance

      1. Within fifteen (15) work days after the informal conference described in Level One, if no satisfactory disposition is made, the employee may file a written grievance with the supervisor. The written grievance shall set forth specifically the event(s) upon which the grievance is based, citing the Policy and/or Directive alleged to be violated, the date the alleged infraction took place, and grounds upon which the grievance is made. The employee must sign and date the grievance.

      2. Within fifteen (15) work days after receiving the written grievance, the supervisor shall schedule another meeting with the employee. Within fifteen (15) work days of the second meeting, and after investigating the allegations, the supervisor shall issue a written decision to the employee.

   3. Level Three : Review by the Supervisor's Superior

      1. Within fifteen (15) work days after the supervisor's decision, if the employee is not satisfied with the supervisor's decision or if no decision has been issued, the employee may forward the written grievance and the supervisor's decision to the supervisor's superior or to the applicable chief officer. The written grievance shall set forth specifically the event(s) upon which the grievance is based, citing the Policy and/or Directive alleged to be violated, the date the alleged infraction took place, and grounds upon which the grievance is made. The employee must sign and date the grievance. If the grievance is not forwarded to the superior or chief officer within the designated time, the grievance is considered withdrawn from the grievance process and shall be so noted in the grievance file.

      2. Within fifteen (15) work days after receiving the grievance, the superior or chief officer will schedule a meeting with the employee. Within fifteen (15) work days of that meeting, and after further investigating the allegations as appropriate, the superior or chief officer shall issue a written decision to the employee. A copy shall be provided to the supervisor.

   4. Level Four : Appeal to the Applicable Chief Officer

      1. Within fifteen (15) work days after the superior issues a written decision, if the employee is not satisfied with the decision (or if no decision has been issued within fifteen (15) work days of the meeting), the employee may appeal the decision, in writing, to the Applicable Chief Officer. If the grievance is not forwarded to the Applicable Chief Officer within the designated time, the grievance is considered withdrawn from the grievance process and shall be so noted in the grievance file.

      2. The Applicable Chief Officer/designee may appoint an ad hoc grievance review committee. The chair of the committee will be the highest-ranking District official on the committee. The committee will consist of:

         1. one (1) member from District management, selected by the Superintendent;

         2. one (1) member selected by the grievant; and

         3. a third member selected by agreement of the first two (2) members. If the third member is not selected by the other committee members within seven (7) calendar days, the Superintendent/designee shall appoint a third member to serve on the committee.

      3. In an effort to resolve the grievance, within fifteen (15) work days after the committee is designated, the committee shall meet with the grievant and the supervisor or superior of the person alleged to have violated, misinterpreted, or misapplied a Policy or Directive. Other persons may be presented as witnesses at the meeting by either the grievant or the supervisor/superior. The committee shall issue a written recommendation within fifteen (15) work days after the meeting, determining whether any violation has occurred, and if so, an appropriate remedy. A copy of the recommendation shall be provided to the grievant, supervisor or superior, the Director of Labor Relations, and the Superintendent.

      4. The recommendation of the committee shall be forwarded to the Superintendent for review. The Superintendent/designee shall review the recommendation of the committee and the record of the grievance. If the Superintendent/designee finds that a meeting with the grievant would assist in the final determination, the Superintendent/designee may schedule a meeting for the purposes of this review. The Superintendent/designee's decision is the final and binding decision of the District.

4. Rights of Employees

   1. During any of the grievance levels, the employee may be represented by a person of the employee's choice once the grievance is filed with the supervisor. For grievances that are filed by employees who choose to be represented by legal counsel, the process will begin at the chief officer phase of Level 3 of the grievance process.

   2. No retaliation or reprisals of any kind shall be taken by any member of the administration or other employee against the employee, representative, or any other participant in the grievance procedure by reason of such participation.

5. General Provisions

   1. Grievance report forms for filing a grievance (PBSC 0114) shall be available on the School Board website. Employees are to be notified of the procedures in this Policy through its posting on the School Board Policies website.

   2. Failure of the employee to advance the grievance through the procedure within the time lines designated will result in immediate dismissal of the grievance.

   3. If a preliminary investigation is begun regarding a complaint, the written complaint and documents relating to the investigation are confidential, pursuant to Fla. Stat. §§ 119.07 (3) (p) & (u), 1012.33, and 1012.796, until the investigation is either concluded or ceases to be active.

   4. All records pertaining to a grievance may be filed in a separate grievance file and may not be kept in the official "personnel file" of the employee/applicant, but this grievance file will be treated as provided by Fla. Stat. §§ 119.07 and 1012.31. All decisions of management are to be forwarded to the labor relations department, which shall be designated as the custodian of those records for grievances. The grievance file is subject to disclosure pursuant to the Public Records law and Fla. Stat. § 1012.31.

   5. If a grievance is filed under the grievance procedure in a collective bargaining agreement, the employee shall not pursue the grievance under this procedure.

   6. The filing of a grievance shall not interfere with the right of the School Board to carry out its responsibilities, subject to the final decision on a grievance.

6. Superintendent, Chief Counsel, and District Auditor

   1. When the Grievant is a Direct Board Report.-- Employees who report directly to the Board (Superintendent, Chief Counsel, and District Auditor) shall file any grievance in writing with the Board Chair. The Chair should request appropriate District personnel to begin the investigation/ resolution process set forth in Section (3).

   2. When the Grievant is an Employee in the Office of a Direct Board Report.-- Employees of the Office of Superintendent, Office of District Auditor, and Office of Chief Counsel should file any initial grievance with their direct supervisor pursuant to Section (3) (unless the grievance is against a direct Board report, in which case subsection (c) below shall apply). If the grievance is not resolved at this level, the grievance may be appealed as set forth under Section (3).

   3. When the Accused is a Direct Board Report.-- When a direct Board report (the Superintendent, Chief Counsel, or District Auditor) is the accused, the grievant shall file the complaint in writing with the Board Chair, who shall take prompt action as specified below:

      1. First, the Chair shall notify the accused of the complaint.

      2. Second, the Chair shall notify the Board of the complaint. The Board shall determine if the complaint appears to merit formal investigation.

      3. If the Board deems the complaint to merit formal investigation, the Board shall set the parameters for the investigation. The investigation should seek the accused/employee's response as well as the statements of the grievant and witnesses.

      4. If a preliminary investigation is begun, the written complaint and documents relating to the investigation are confidential, pursuant to Fla. Stat. §§ 119.07 (3) (p) & (u), 1012.33, and 1012.796, until the investigation is either concluded or ceases to be active.

      5. To conduct the investigation, the Board may consider:

         1. retaining outside special counsel (which should be an attorney or law firm that is not currently retained by the Board and has not handled any matters for or against the Board within the past five years);

         2. requesting the personnel-investigation department of another Florida school district to conduct the inquiry;

         3. contracting with the DOE Office of Inspector General; or

         4. if applicable, referring the matter to the State Attorney's Office, the Commission on Ethics, or other applicable state agency.

      6. The Board and the employee should receive the final investigative report at the same time.

      7. Upon receiving the report, the Board shall determine whether any action is required. The accused/employee and/or the employee's representative shall have a right to address the Board at the meeting where the decision will be made.

      8. Consistent with the employment contract, if informal action such as a reprimand is deemed necessary, such action may be reflected in the employee's evaluation and personnel file. In accordance with the employment contract, if formal action such as demotion, suspension, or termination is deemed necessary, the employee shall receive appropriate notice and opportunity for a hearing under Fla. Stat. §§ 120.569 and 120.57, and the Board's final order may be appealable pursuant to Fla. Stat. § 120.68.