A. Purpose
The purpose of the appeals procedure is to provide those eligible employees with a uniform and equitable method of resolving actions taken while employed by the School. This procedure is intended to ensure that any eligible employee will be treated fairly and within the policies and procedures of this Manual and any other applicable federal laws.
B. Application
This procedure shall be used for actions regarding reprimands, suspension, demotion.
C. Eligibility
All regular, full-time and part-time employees are eligible. Temporary and probationary employees are not entitled to appeal procedure.
D. Procedure
- Appeals must be filed with the Principal as set forth below. The appeal must state with specificity the action being appealed and include specific grounds for the appeal including, but not limited to, all relevant facts, circumstances, dates, times, places, statements and witnesses.
- Any employee desiring to file an appeal must do so within five (5) working days after being notified that they have been warned/reprimanded, suspended or demoted. Appeals not filed within the designated time frames shall not be considered.
- The Principal may within five (5) working days of receiving the appeal elect to resolve the appeal in writing or refer it to a hearing before the Principal or designee with recommendations.
- If the Principal issues a written decision on the appeal and the subject of an appeal is a reprimand not initially imposed by the Principal, the Principal’s decision is final. There is no further appeal. If the subject of the appeal is other than a reprimand or if the Principal initiates the reprimand, then the appellant may proceed to level 6.
- If the Principal refers the appeal to the Principal or designee, Principal or designee shall hold a hearing within ten (10) working days after the appeal or referral and render a decision that either supports or dismisses the appeal within ten (10) days of the hearing. Written notice of the time and place of the hearing shall be communicated to the employee five (5) days before the hearing, Principal may allow the appellant or other parties the opportunity to address the appeal. If the subject of an appeal is a warning/reprimand not initially imposed by the Principal, the Principal’s decision is final. There is no further appeal. If the subject of the appeal is other than a reprimand/warning or if the Principal initiates the reprimand/warning, then the appellant may proceed to the next appeal level.
If the appeal is other than a reprimand or if the Principal initiates the reprimand and the appeal is not satisfactorily resolved by the Principal, in writing or by hearing, the employee may request the Board to add the complaint to the next regular Board meeting. This request must be made within ten (10) working days and through the Principal. The Board may decide to affirm, modify or dismiss the decision or schedule a hearing before the Board or a hearing officer. The Board shall determine who will hear the appeal. The Board’s decision shall be provided to the appellant and Principal in writing within ten (10) business days of the regular Board meeting at which the appeal was submitted. If the Board elects to hold a hearing, it shall provide written notice of the hearing, including the time and place of the hearing, to the appellant within ten (10) business days of the regular Board meeting at which the appeal was submitted. Any such hearing shall be scheduled within fifteen (15) business days of the regular Board meeting at which the appeal was submitted. At any such hearing the parties may submit evidence in the form of exhibits or testimony. The procedure shall be informal and as determined by the Board or hearing officer.
All decisions by the Board shall be final.