Level Three. If the grievant does not accept the Level Two Administrator’s resolution at Level Two, or a written response has not been received within the time limit specified, the Association may choose to submit the grievance directly to the Board for a hearing on the grievance or choose to submit the grievance to Arbitration.
a. To initiate Level Three proceedings, the Association will notify the Superintendent, or designee, in writing within ten (10) days of receiving the Level Two Administrator's decision.
b. The names of three approved Hearing Examiners will be listed in alphabetical order. The name at the top of the list will be the Examiner used for the Level Three Hearing. If the person at the top of the list cannot serve, the second will be contacted and so on. Once a Hearing Examiner has served, that name will be placed at the bottom of the list. This person will be called upon again only if the first two cannot serve, or when that name moves upward on the list. The cost of the hearing will be shared equally by the Board and the CCEA.
c. The Hearing Examiner will have the authority to hold hearings, collect written and verbal testimony and make procedural rules. The Hearing Examiner will have no authority to amend, modify, ignore, add to or subtract from the provisions of Board Policy. The Hearing Examiner will also be without power to issue an award inconsistent with the laws of the State of Colorado.
d. All hearings will be closed to persons not specifically involved in the grievance. The Hearing Examiner's written report will be mailed simultaneously to the Board and the grievant within twenty (20) days of the conclusion of the hearing, and will set forth finding of fact, reasoning, conclusions, opinions and recommendations on the issues submitted. The report will be advisory only and be binding on neither the Board nor the grievant and/or representative.
e. After conclusion of the hearing of the grievance by the Board, or after receiving the report of the Hearing Examiner, the Board will take action on the resolution of the grievance in a timely fashion at a regularly-scheduled Board meeting.
Level Three. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Two, or if no decision has been rendered within ten (10) school days after the grievance was delivered to the Superintendent or his designee, the aggrieved may, within five (5) school days after a decision by the Superintendent or his designee, or fifteen (15) school days after the grievance was delivered to the Superintendent or his designee, whichever is less, submit in writing to the Board President a request for a hearing before the Board. At the option of the Board, such hearing shall be held before the full Board or a designated committee of the Board. Such hearing shall be held within twenty-five (25) school days of the request for a hearing. The aggrieved may submit written materials to the Board or the designated committee of the Board in support of his/her position at the time of his/her request for a hearing. Any such written materials shall be served on all parties in interest by the aggrieved person. In the event that the hearing is held before the entire Board, the Board shall make a determination and notify the aggrieved person in writing within ten (10) school days of the conclusion of the hearing. In the event that the hearing is conducted before a committee of the Board, such committee may, at the option of the Board, render a final determination. In the event that the right of final determination is vested in the committee of the Board, it shall make such determination and notify the aggrieved person in writing within ten (10) school days after the conclusion of the hearing. In the event that the hearing is conducted before a committee of the Board, the Board may, at its option, reserve the right of final determination of the full Board. In such event, the Committee of the Board shall make a report and recommendation to the entire Board and the entire Board shall thereafter make a final determination and notify the aggrieved person within ten (10) school days after the conclusion of the hearing.
Level Three. If the grievance is not resolved to the grievant's satisfaction, he, no later than fifteen (15) workdays after the receipt of the Superintendent's decision, may request a review by the Board of Education. This request shall be submitted in writing through the Superintendent, who shall attach all related papers and forward the request to the Board of Education. The Board shall review the grievance and render a decision within thirty- five (35) calendar days of receipt of the request of the review by the Superintendent.
Level Three i. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Two, he/she may file the written grievance within ten (10) days of the Level Two response with the Director or his/her designee.
ii. Within five (5) days after receipt of the written grievance, the Director or his/her designee will meet with the aggrieved person in an effort to resolve it. The Director shall submit his/her decision in writing to the aggrieved person within five (5) days of the meeting.
Level Three. (a) If the grievant is not satisfied with the disposition of his/her grievance at Level Two, or if no decision has been rendered within five (5) school days after presentation of the grievance, otherwise he/she must file the grievance in writing and refer it to the superintendent of schools.
(b) Within five (5) school days after receipt of the written grievance by the superintendent, the superintendent will meet with the grievant and association representative in an effort to resolve it.
Level Three. 5.3.4.1 If the aggrieved party or parties in interest are not satisfied with the decision or disposition of the grievance at Level Two, or if no decision has been rendered within ten (10) school days after the Superintendent or his/her designee has heard the grievance on Level Two, or if no agreement is reached using pre-arbitration mediation, they may submit within five (5) school days a request in writing to TRAC that the grievance be submitted to arbitration.
5.3.4.2 Within twenty (20) school days after the aggrieved party or parties in interest have requested to TRAC that the grievance be submitted to arbitration, the Association will notify the Superintendent by letter of any Association decision to continue the grievance to Level Three. This having been done, the grievance will be submitted to arbitration.
5.3.4.3 Within five (5) school days of the Administration's receipt of such letter, the Superintendent, and/or his/her designee, and the President of the Association, and/or his/her designee, will simultaneously exchange lists of at least four (4) arbitrators. Within five (5) school days thereafter, a meeting of these individuals shall be held in an attempt to agree upon an arbitrator.
5.3.4.4 If the parties are unable to agree upon an arbitrator at such meeting, the arbitrator shall be selected as follows: Immediately after demand for or submittal to arbitration, the American Arbitration Association shall submit simultaneously to each party an identical list of the names of five (5) persons skilled in arbitration of educational matters. Each party has seven (7) school days from the mailing date in which to cross off any names to which it objects, number the remaining names in order of its preference and return the list to the American Arbitration Association. If a party does not return the list within the time specified, all persons named therein will be deemed acceptable. If the parties fail to agree upon any of the persons named, or if those named decline or are unable to act, or if, for any other reasons, an appointment cannot be made from such lists of names, the American Arbitration Association shall appoint an arbitrator from its other members without submitting additional lists.
5.3.4.5 The arbitrator will have authority to hold hearings and make procedural rules. He/she will issue a report within a reasonable time after the date of the close of the hearing, or, if oral hearings have been waived, then from the date the final statements and ...
Level Three. If a grievance arises from any action or inaction at the district level, the grievance shall initiate with the Vice Chancellor of Human Resources as respondent.
Level Three. The matter still being unresolved, the Board will select two (2) representatives and the Association will select two (2) representatives to review the grievance. This review will be done within fifteen (15) workdays upon receipt of grievance at level three (3). If the parties cannot reach agreement, they will select a fifth member, mutually agreeable to both parties within five (5) days. This fifth member will review/hear the case, within fifteen (15) work days of being selected, and indicate his/her decision in writing. This would resolve the grievance and such decision shall be binding by both parties. Costs incurred will be shared equally by both parties.
Level Three a) If the Level Two decision is not satisfactory, the grievance shall be presented to the Superintendent or designee within five (5) working days of receipt of the grievance.
b) The Superintendent or designee shall hold a meeting with the grievant(s) and the grievant(s)' Association Representative within five (5) working days of the meeting.
c) The Superintendent or designee shall render a written decision to the Association within ten (10) working days of the meeting in 3. b) above.
Level Three a. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Two, or if no decision has been rendered within ten
