FILE:  GAE

COMPLAINTS AND GRIEVANCES
The Board shall encourage administrators to: discover and practice effective means of resolving differences that may arise among employees or between staff and administrators; reduce potential areas of grievances; and establish and maintain recognized channels of communication between staff, administration, and the Board.

It is the Board's desire that grievance procedures provide for prompt and equitable adjustment of differences at the lowest possible administrative level.

Channels established shall provide for the following:

1. Employees may appeal a ruling of a principal or other administrator to the Superintendent.
2. Employees may appeal a ruling of the Superintendent to the Board.
3. All hearings of complaints before the Superintendent or Board shall be conducted in the presence of the administrator who made the ruling which is the subject of the grievance.
4. All employees shall be assured of an opportunity for an orderly presentation and review of complaints and concerns without fear of reprisal as the result of having presented a grievance for review.

Any collective bargaining unit agreement or procedure supercedes this policy.

Non-Bargaining Unit Employee Grievance Procedures
Any non-bargaining unit employee who has a complaint must submit that complaint orally to the immediate supervisor within three school days after the occurrence of the event, or after the employee has knowledge, or should have had knowledge of the event upon which the complaint is based.

The immediate supervisor shall give the grievant an oral answer to the complaint within three school days after the complaint has been submitted.

In the event the complaint is not settled as provided above, the complaint shall be reduced to writing and submitted with all pertinent facts to the Assistant Superintendent for Human Resources and Labor Relations with a copy being sent to the immediate supervisor of the grievant within five days after receipt of the oral answer.

The Assistant Superintendent for Human Resources & Labor Relations shall schedule a conference with the grievant and the supervisor within five working days after the complaint has been received. The Assistant Superintendent for Human Resources & Labor Relations shall give a written decision to the grievant and the supervisor within five working days after the conference.

In the event the complaint is still not resolved, the grievant shall, within five working days after receipt of the written decision, file a written appeal with the Superintendent.  The Superintendent, after consultation with the Board's labor attorney, shall schedule a conference with the grievant, the supervisor, and the Assistant Superintendent for Human Resources & Labor Relations within five working days after the appeal has been received. The Superintendent shall give a written decision to the parties within five working days after the conference.

If the matter remains unresolved, the grievant may within ten working days after receipt of the written decision request a hearing before the Board. Such a hearing shall be open to the public unless the grievant requests in writing a private hearing.

Prior to this hearing, the grievant shall receive:

1. A written notice of the time and place of the hearing.
2. A written statement of the charges with sufficient details so that the grievant may prepare a defense.
3. A written notice of the names of witnesses.

At the hearing the grievant may:

1. Appear in person and/or by counsel.
2. Present a defense, including calling witnesses.
3. Cross-examine witnesses.
4. Testify or remain silent.
5. Request a transcript of the hearing, at grievant’s expense.

Following the hearing such grievant shall receive:

1. Within ten working days, a written decision setting forth the reasons for the disposition reached.
2. A written notice that this decision constitutes final action by the district on this matter with further recourse lying in the State and/or federal courts.

The Benton Harbor Area Schools, Berrien County, Michigan