The SCEA Advocacy Series, July 2012
Filing an Appeal or “Grievance” School district employees who have a serious concern about an employment matter can address their concerns by filing a formal complaint. This paper will explain how to use the school district’s Grievance Procedure and how The SCEA helps members.
I n t r od u ct i o n South Carolina requires that every school district have an employee grievance and complaint procedure. This procedure is located in the Personnel section of the school district's Board Policy manual and is sometimes included in an employee handbook. Filing a formal grievance should be considered only after the employee provided the supervisor or the district with an opportunity to address their concern informally.
Advantages of a Grievance
How Long Does a Grievance Take?
The deadline to file a grievance varies between 10, 15, 25, or 30 working or calendar days from the incident or from the date the employee became aware of the incident. This varies among districts, so employees should read the grievance procedure for this information. The most typical deadline is 10 working days. Be sure to check the definition of “day” and know whether it means “working day” or “calendar day”.
The grievance procedure provides a professional way for school employees to alert the district about mistreatment. When an employee uses the grievance procedure, he or she is following appropriate protocol. If the conflict occurred at the school level, a grievance alerts the district to what’s happening at the school. Grievance discussions can expose lack of clarity or other problems that exist with policies or procedures. The grievance procedure forces the district to respond to the concern, and within a certain number of days. The grievance procedure includes a statement that assures the employee that there will be no retaliation for filing a grievance. Filing a grievance creates a formal written record of what happened. This material may or may not be placed in the employee’s personnel file. If anything should happen in the future, there will be a record of what happened, the employee’s efforts to resolve it when it was “small” and the district’s actions. This history is important.
The grievance procedure establishes deadlines for every step in the process, such as: number of days to file a grievance number of days to schedule a meeting - at each step of the grievance number of days in which the administrator must respond, after each meeting number of days the teacher has to accept or refuse administration’s decision. If everyone involved in the grievance takes the max amount of time the procedure allows, to respond or act, the grievance could last two months.
Ev i d en ce o r P r oo f An employee grievance is not a legal action and there are virtually no rules that establish what kind of information will be accepted as “evidence”. One of the biggest emotional let-downs in the grievance process occurs when an employee has evidence but the district chooses to ignore it. The bottom line is that an employee can be “right” but still lose. Why? Simply put, common sense, logic and reason don’t always exist and gossip, rumor, and an argument that everyone else does “it” rarely work. A grievance meeting can pivot simply because the employee was able to make a persuasive argument that the administrator accepted. Other factors like personalities, office politics, and reputation can also influence the outcome. It is impossible to predict the outcome of a grievance. So, while The SCEA feels an obligation to prepare members for all possible outcomes, we do not want members to hesitate to file a grievance when they feel they have been mistreated. Even if the employee does not get the specific remedy they asked for in the grievance document, filing a grievance sometimes prevents future mistreatment. 1
The SCEA Advocacy Series, July 2012
T h e G r i eva n ce P r o ced u r e i s a S er i es o f S t ep s o r L evels First Step Informal Principal The employee meets with supervisor informally to present the concern (e.g. being recommended for formal evaluation) and what he/she wants as a resolution (e.g. stay on GBE). The employee makes the best argument to persuade the principal to see things his/her way. The SCEA can help the member prepare for this meeting. After the meeting, the supervisor has (__) days to respond in writing with a decision that gives the employee what he/ she asked for or denies the request.
Step / Level 1 Human Resources Director or Designee Then Step / Level 2 Superintendent or Designee
Step / Level 3 Board
If the employee is not satisfied with the response from the Superintendent, he/she can drop the grievance or request the grievance be heard at the next and last level, which is the Board. This request can be made by a simple letter or e-mail to the Superintendent or the Board Chair. Check the policy to make sure the proper procedure is followed. When the school board hears a grievance, it is sometimes just a paper review or it could be face to face. The procedure varies around the state.
If the employee is satisfied with the principal’s decision, he or she does not have to do anything else. No further response or communication is needed. By not moving the grievance to the next level, it is understood that the matter has been dropped. However, the employee may want to write a formal response, rebuttal or closure letter to be placed in his/her file. If the employee is not satisfied with the principal’s decision from the informal meeting, he/she has the option of formalizing the grievance. To file a formal grievance, the employee must fill out the required grievance form or write a grievance letter (as set forth in the grievance policy) and submit it to the principal. If a special form is required and it is not included in the Board policy, the employee can get one from the HR department or call The SCEA. The employee should hand deliver the grievance document to the principal’s office, or scan it and send by e-mail. The principal is responsible for forwarding the grievance on to the next supervisor, who is normally the HR Director. The HR Director is responsible for meeting with the employee, hearing the concerns and then providing a written decision, all within the timeframe established by the procedure. At this meeting, the employee presents the same information and evidence as previously presented to the principal. If the grievance is denied by HR and the employee wants to move the grievance to the next level - the Superintendent - the same steps are followed.
The above chart is presented for illustration only. This chart may not accurately illustrate every school district grievance procedure. Members should refer to their school district board policy. Pay close attention to deadlines.
Rep r es en t a t i o n i n G ri eva n ce Meet i n gs School employees do not have an automatic right to have a representative with them in meetings, unless there is a written district policy that provides that right. Some districts may allow a representative or witnesses at all of, some of, or none of these meetings. This most often also includes spouses and parents. Check the grievance procedure for information about representation. School employees who refuse to attend a meeting - without a representative - may be charged with insubordination. School employees are required to meet with their employer. Teachers who worked in another state, where teachers had a right to representation, need to know that each state makes its own laws. The good news is that most school districts in SC allow The SCEA in these meetings. 2
The SCEA Advocacy Series, July 2012
T h e Ro le o f T h e S CEA in G ri eva n ces The SCEA is not an employee of the district. We are an outside third party; therefore, the grievance must be filed by the employee. What we do for members:
We help the member identify what Board policies are applicable. We help the member write the grievance statement and complete the grievance form. We help the member sort through his/her documents and create the grievance document for administration. We coach the member on what to say and do in the meeting. We attend the meeting with our member. After the grievance process is complete, we assist the member in doing whatever is needed to bring closure.
Winning Strategies Sometimes, being “right” or having convincing evidence isn’t enough. Here are tips:
Grievance procedures require the grievant identify a specific board policy, regulation or law that has been violated. If no policy, regulation or law can be identified, a grievance may not be possible. The SCEA can help members do this research. A school district may not feel obligated to care about someone’s feelings. This means that in preparing a grievance, it’s important to give the district a reason to care about the concerns raised. For example, if it can be demonstrated that the concerns impact students or the school, the district will be more attentive. The goal in a grievance meeting is to make a good impression and convince the district to see things your way. In other words, you need to sell yourself as well as your point of view. Talk about your accomplishments and anything that demonstrates your credibility. For example, if your grievance relates to teaching competence and your students did well, showing them your student’s test scores is a smart move. Dress professionally and appropriately for the situation. If you are meeting with the Superintendent, dress at the same level. Avoid sundresses, low cut tops, tops with cut-outs that expose skin, short dresses or skirts, hats, or any attire that one wouldn’t normally see a school employee wear in a professional meeting. Remember, this is a high stakes meeting with your employer and you want to look your best. If you will likely want a mint, cough drop, or drink in the meeting, take this with you, but be discreet. Tuck a small size bottle of water in your purse and use it only if needed. Insulated containers and other such sport containers are not professional and can appear out of place. Practice your presentation so you appear knowledgeable and feel confident. Evidence - It is your responsibility to prove your point and have the evidence that will do that. For example, do not claim that you were never given any indication that a performance weakness existed unless you are absolutely sure that is true. Many times, a teacher will make this claim but in the meeting, the principal will present evidence that performance concerns were indeed presented in some form, such as an e-mail. Sometimes, a teacher believes that because they corrected the problem, there shouldn’t be any record in the file. The SCEA can help you wade through these issues to prepare the best arguments for your meeting. Avoid comments about lawyers, lawsuits and so forth. This will sound like a threat and work against you. Have enough handouts for everyone in the meeting and hold on to your originals. Take all information, evidence, and documents. You may not be able to add something later. If you have an interest in taping the meeting, you will likely be asked to provide them with a copy of the recording. Use equipment that you know how to operate. The SCEA does not approve of secret taping.
W h a t i f I los e?
After you have been through all steps/levels of the grievance procedure, The SCEA can help you decide what to do next to bring closure to your situation. 3
The SCEA Advocacy Series, July 2012
I N A N U T SH EL L : W H A T I T L O O KS LI KE, S T EP BY S TEP (This is an illustration using a typical grievance procedure.) 1. The SCEA will assist in reviewing documentation and preparing the grievance 2. The employee requests an informal meeting with the principal. The SCEA will assist in preparing talking points. 3. The employee attends the meeting, present concerns, and take notes. This is an informal meeting and the employee normally does not have representation in this meeting. 4. The principal provides a written response with his/her decision. (See procedure. This could take 5 or 10 days.) 5. If the principal’s response does not resolve the concern, the employee can file a formal grievance by filling out the grievance form and giving it to the principal. Do not delay. Remember, there are deadlines. 6. The HR Director will schedule a meeting within (check policy) ? days. 7. The meeting will take place within (check policy) ? days. 8. The employee will meet with HR Director or designee to present grievance. Take good notes. At this meeting, the employee may be allowed representation. Check policy. The SCEA makes an attempt to be there in spite of policy. 9. HR provides a written response within (check policy) ? days that grants or denies the relief the employee requested. 10. If the response from HR does not resolve the concern, the employee may appeal to the next level by notifying the HR Director. The next level is the Superintendent or designee. 11. The Superintendent will schedule a meeting within (check policy) ? days. 12. The member will meet with Superintendent and present grievance. The employee may be allowed representation. Check policy. If it is determined that we will not be allowed in the room, we will discuss that with you and determine what strategies we can use to provide you with the support you need. 13. Wait (check policy) ? days for written response from Superintendent. 14. If the response does not resolve the concern, the employee may appeal to the next level which is the School Board. This appeal level is not automatic or guaranteed. A request for a Board review may be declined. Check district policy. If it is approved, the employee will receive notice as to when the Board will hear the grievance. This will likely occur during the next scheduled Board meeting. The Board may decided to review the grievance by reviewing the information the employee prepared, without talking to the employee. 15. Wait (check policy) ? days for the Board’s written response. 16. The Board level is the end of the appeal process. 17. The employee may submit a final closure letter to the district, for the file.
I nvo lv in g S ch o o l Bo a r d Memb er s It’s human nature and instinctive that a school employee who is upset may think that contacting a School Board member and asking them to intervene is a good idea. Contacting a School Board member may be viewed by the district as a breach of internal protocol and some school districts have a Board policy that specifically address this. Be sure to review your district’s Board policies to make sure contacting a Board will not create a problem. The School Board is obligated to operate within certain guidelines and procedures, and it may be unethical for an individual Board member to participate in a dispute between an employee and the district. Many times, the employee reaches out to the Board member only to discover that while the Board member may be sympathetic, he or she will not intervene. An individual Board member has no power or authority to direct the District. Before you contact a School Board member, talk to The SCEA and let us guide you.
Final Word ~
A grievance can be dropped or withdrawn at any step in the process.
Visit The SCEA at www.thescea.org/help ~ Visit The SCEA Member Advocacy Center at www.thescea.org/mac 4