3340 Grievance Procedure

The purpose of this Grievance Procedure is to provide a way for employees of CESA 5 to resolve grievances concerning employee termination, employee discipline, or workplace safety.

This Grievance Procedure is intended to comply with Wis. Stat. 66.0509(1m). This procedure does not create a contract of employment and does not change an employee's employment status. Employment disputes that are covered by state or federal statutes and/or administrative enforcement mechanisms are not covered by this Procedure. 

Definitions

A.    "Grievance" means a written complaint related to “employee termination”, “employee discipline”, or "workplace safety” as defined by this policy.

B.    "Days" means calendar days.

C.    "Employee Termination" shall be narrowly construed to mean a separation from employment by the employer for disciplinary or performance reasons.  “Termination” does not include layoff, failure to be recalled from layoff, furlough or reduction in workforce, administrator or teacher nonrenewal for the purpose of the elimination of a position or a reduction in staff, job transfer, non-disciplinary demotion, reduction in or elimination of position under Policy 3131 - Reduction in Staff, resignation, voluntary quit, abandonment, end of employment due to disability, retirement, or death, and end of employment and/or completion of assignment of limited term, temporary, seasonal, substitute, or part-time employees.

D.    "Employee discipline" shall be narrowly construed to mean a suspension without pay, or a demotion or reduction in pay or other benefits, imposed by the employer for disciplinary reasons. "Employee discipline" does not include oral or written reprimands, performance evaluations, performance improvement plans, non-renewal of contracts, layoff, failure to be recalled from layoff, furlough or reduction in workforce, administrative leave or suspension with pay, or any other employment action such as wage, benefit or salary adjustments, or change in assignment, which are taken for a non-disciplinary reason.

E.    "Workplace safety" shall be narrowly construed to refer to (1) an existing condition that substantially endangers an employee's health and safety; or (2) any workplace policy or procedure established by state or federal law or the Board to protect the safety and health of employees in the Agency which is alleged by an employee to have been violated and to have substantially adversely affected the employee's safety in a workplace.

Time Limits

If the grievant fails to comply with any time periods or other procedures of this policy, the grievance will be deemed resolved and the grievant shall have no further right to pursue or appeal a grievance decision. If the employer fails to comply with any time periods or other procedures of this policy, the grievant may advance the grievance to the next level, and there shall be no other consequence or remedy for the employer's failure to comply with any time periods or other procedures. A grievance may be withdrawn by the employee at any time. Once a grievance is withdrawn, it cannot be re-opened or re-filed. The parties may mutually agree to extend any deadline. Such extensions shall be non-precedential.

Process

A. Written Grievance Submission

All employee grievances must be filed by the aggrieved employee. The employee must file a grievance within seven (7) days of the date the employee knew or reasonably should have known of the cause of such grievance.

a. The grievance must be in writing on the Employee Grievance Form.

i. On the form, the grievant shall:

1. Identify the category of grievance (i.e., employee termination, employee discipline, or workplace safety);

2. Identify the facts supporting the grievance;

3. Specify the policy, rule, regulation, or law alleged to have been violated, and the rationale supporting the grievance; and

4. Describe the relief requested.

ii. The grievance must be given to the employee’s supervisor.

1. Only one subject matter shall be covered in any one grievance.

B. Level 1: Supervisor

a. The employee shall present the written grievance to their immediate supervisor.

b. If applicable, the employee shall perform the assigned task and grieve later.

c. The supervisor shall, within seven (7) days, inform the employee in writing of their decision.

C. Level 2: Agency Administrator

a. In the event the matter is not resolved to the employee's satisfaction by the Supervisor, the employee may, within seven (7) days of the date the Supervisor’s written decision is issued, present their grievance in writing to the Agency Administrator.

b. The Agency Administrator shall, within fourteen (14) days of receipt of the grievance, meet and discuss the grievance with the employee.

c. The Agency Administrator shall, within seven (7) days of that meeting, inform the employee in writing of their decision.

D. Level 3: Hearing Before an Impartial Hearing Officer (IHO)

a. In the event the matter is not resolved to the employee's satisfaction by the Agency Administrator, the employee may, within seven (7) days of the date of the written decision of the Agency Administrator, request in writing that the matter be referred for a hearing before an Impartial Hearing Officer (IHO).

 i. If the Agency Administrator denied the grievance based on whether the grievance was timely or related to a covered matter (i.e., employee termination, employee discipline, or workplace safety), the matter shall be referred to the Board for determination of whether the grievance may proceed.

1. If the Board determines the grievance may proceed, it will then be referred to the IHO.

2.     This review by the Board shall take place within a reasonable time.

b. If the Board has not previously designated an IHO, the responsibility of securing an IHO is delegated to the Agency Administrator.

i. When the grievant is the Agency Administrator, the Board's legal counsel shall be responsible for selection of the IHO and arranging a hearing.

 ii. The hearing before the IHO shall take place within a reasonable time.

c. Each grievance shall be heard by a single IHO and such hearings shall be private.

 i. The employee and the Agency may present witnesses.

ii. Each side may select one individual to attend the hearing as a representative.

 iii. Any employee representative selected shall be at no expense to the Agency.

d. The IHO may only consider the matter presented to them in the initial grievance filed by the employee.

 i. The standard of review to be applied by the IHO of a final administrative decision related to the grievance shall be based on the following, unless an alternative is provided in applicable policy, law, contract or collective bargaining agreement:

1. The review of a final administrative decision by the IHO shall require deference to the final administrative decision and the decision shall be upheld if it is made on any basis other than a basis which is “arbitrary and capricious,” which shall be defined as an action which is either so unreasonable as to be without rational basis or the result of unconsidered, willful, or irrational choice.

 ii. The decision will apply exclusively to the employee presenting the grievance.

iii. The IHO shall have authority to run the hearing, including administering oaths, admitting evidence into the record, providing for transcription, etc.

iv. The IHO may not modify any Board policy and may not issue decisions on matters not presented in the initial grievance.

v. Any fees or costs charged by the IHO shall be paid by the Agency.

E. Level 4: Board of Control

In the event that either party is dissatisfied with the decision of the IHO, that party may within seven (7) days, present the grievance in writing to the Board.  The Board President shall, within ten (10) days of receipt of the grievance, provide the parties details of the meeting scheduled by the Board to hear the appeal.

a. The Board shall review the grievance on the record established by the IHO.

b. Each party may make a brief oral presentation to the Board to summarize the party's position as to whether the IHO decision should be sustained, modified or reversed.

c. No factual evidence or argument not presented to the IHO for consideration shall be presented to the Board for review.

d. The appeal meeting shall be held in closed session.

e. The Board’s decision shall be by majority vote of a quorum present and shall be final.

Attachment:

Employee Grievance Form

 Adopted 4/4/2013
Revision 8/6/2026