22.1-308 - Grievance procedure. - Virginia Statutes

§ 22.1-308. Grievance procedure.

A. The Board of Education shall prescribe a grievance procedure which shallinclude the following:

1. Except in the case of dismissal or placing on probation, a first stepwhich shall provide for an informal, initial processing of a grievance by themost immediate appropriate supervisor through a discussion;

2. A requirement that all stages of the grievance beyond the first step be inwriting on forms prescribed by the Board of Education and supplied by theschool board;

3. A requirement that in reducing the grievance to writing, the teacher shallspecify the specific relief sought through the use of the procedure;

4. The right of the grievant and the respondent to present appropriatewitnesses and be represented by legal counsel and another representative;

5. Reasonable time limitations, prescribed by the Board, for the grievant tosubmit an initial complaint and to appeal each decision through the steps ofthe grievance procedure which shall correspond generally or be equivalent tothe time prescribed for response at each step;

6. Termination of the right of the grievant to further appeal upon failure ofthe grievant to comply with all substantial procedural requirements of thegrievance procedure without just cause;

7. The right of the grievant, at his option, upon failure of the respondentto comply with all substantial procedural requirements without just cause, toadvancement to the next step or, in the final step, to a decision in hisfavor;

8. A final step which shall provide for a final decision on the grievance bythe school board;

9. The provisions of §§ 22.1-309 through 22.1-313.

B. Representatives referred to in subsection A 4 of this section may examine,cross-examine, question and present evidence on behalf of a grievant orrespondent in the grievance procedure without being in violation of theprovisions of § 54.1-3904.

C. Nothing in the procedure shall be construed to restrict any teacher'sright to seek or a school division administration's right to providecustomary review of complaints that are not included within the definition ofa grievance.

(Code 1950, § 22-217.5:2; 1979, c. 298; 1980, c. 559; 1992, c. 679.)