Common use of Level Three Clause in Contracts

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 grievant does not accept the Level Two Administrator’s resolution at Level Two, 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, superintendent or designee, 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 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.twenty

Level Three. If the grievant does not accept the Level Two Administrator’s resolution at Level Two, 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, superintendent or designee, designee in writing within ten (10) days of receiving the Level Two Administratoradministrator'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. If the Hearing Examiner is unable to provide a neutral and cost-free site for hearings, the District and the Association will mutually agree upon using a District or CCEA property. 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. No party shall be permitted to assert any ground in the arbitration proceedings if such ground was not disclosed to the other parties before the completion of the Level Two Hearing. Neither shall any party be permitted to assert any evidence that was not known or should have been known but not disclosed prior to the completion of the Level Two Hearing. If any new evidence will be used at Level Three, such evidence shall be exchanged by the parties at least fifteen (15) days prior to the arbitration hearing, unless a mutually agreed upon extension. f. 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 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. If the Hearing Examiner is unable to provide a neutral and cost-free site for hearings, the District and the Association will mutually agree upon using a District or CCEA property. 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. No party shall be permitted to assert any ground in the arbitration proceedings if such ground was not disclosed to the other parties before the completion of the Level Two Hearing. Neither shall any party be permitted to assert any evidence that was not known or should have been known but not disclosed prior to the completion of the Level Two Hearing. If any new evidence will be used at Level Three, such evidence shall be exchanged by the parties at least fifteen (15) days prior to the arbitration hearing, unless a mutually agreed upon extension. f. 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 Arbitration 1. The grievant must complete and submit the grievant does not accept arbitration appeal section of the district grievance form to the Superintendent/designee within fifteen (15) days from the receipt of the disposition at Level Two Administrator’s resolution at Level Twoor lack thereof. 2. The grievant must also file a request for arbitration with either the American Arbitration Association (AAA) or Federal Mediation and Conciliation Services (FMCS) within fifteen (15) days after submitting the appeal to the Superintendent/designee as provided in paragraph above, or and send a written response has not been received within copy to the time limit specified, superintendent and to the Association may choose to submit if the Association is processing the grievance directly for the grievant. 3. An arbitrator will be selected according to the Board for a hearing on procedures of the grievance or choose to submit the grievance to Arbitrationselected agency. 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 order4. The name at the top of the list will be the Examiner used costs for the Level Three Hearing. If the person at the top of the list cannot serve, the second will arbitrator shall 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 borne equally by the Board and the CCEAAssociation if representing the grievant or by the grievant if not represented by the Association. If a party withdraws from arbitration, the costs associated with the arbitrator shall, at the option of the remaining party, be borne by the party withdrawing unless both parties agree to mutually to withdraw, at which time costs shall be shared equally. c. The Hearing Examiner will have 5. Either party shall be entitled to request a transcript of the authority to hold hearings, collect written and verbal testimony and make procedural rulesproceeding at the requesting party’s expense. The Hearing Examiner other party may purchase a copy of said transcript if it chooses to do so. If both parties purchase transcripts, the cost will have no authority to amendbe shared equally. If the arbitrator requests a copy, modifysuch copy shall be forwarded, ignore, add to or subtract from and the provisions of cost shall be borne equally by the parties. If the Board Policy. The Hearing Examiner will also be without power to issue an award inconsistent with the laws first obtains a copy 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 transcript and the grievant within twenty then obtains a copy pursuant to the Public Records Act, the grievant shall reimburse the Board for one-half of the Board’s cost for obtaining the transcript. The parties may agree not to have the testimony recorded if such agreement is made in advance of any arbitration hearing. 6. No party shall present new evidence after Level Two without apprising the other party of such material at least two (202) days before the new evidence is submitted. If either offers new evidence, the other party may reconsider its position stated at Level Two. 7. The Arbitrator shall hold a hearing with the parties within fifteen (15) days after the arbitrator has been chosen or as soon thereafter as the arbitrator can be available to: • Establish reasonable rules of conduct for the hearing • Inform the parties of said rules and procedures and conduct the meeting • Allow any party to submit post-hearing briefs on request, and determine a reasonable time for submitting such briefs • Provide the parties with a written decision within fifteen (15) days after the close of the conclusion hearing or after the receipt of post-hearing briefs, if any, or as soon thereafter as the schedule of arbitrator permits • With permission of the arbitrator, the above times may be extended 8. By mutual agreement the parties may submit documentary evidence and argument to the arbitrator and request that a decision be made without hearing, and will set forth finding . 9. The arbitrator’s decision shall include findings of fact, reasoning, conclusions, opinions and recommendations conclusions on the issues submitted. 10. The report will be advisory only and be binding on neither arbitrator shall not have the Board power to add to, subtract from, or modify in any way any term or provision within this contract, nor shall the grievant and/or representative. e. After conclusion arbitrator have the power to change any practice, policy, or rule of the hearing of the grievance by the Board, or after receiving nor to substitute the report judgment of the Hearing Examiner, arbitrator for the Board will take action on the resolution judgment of the Board. 11. The arbitrator shall refer back to the parties, without decision or recommendation on its merits, any grievance in a timely fashion at a regularly-scheduled Board meetingwhich the arbitrator has no power to rule. 12. The decision of the arbitrator shall be final and binding upon the parties. However, no party waives its right to appeal such decision to the appropriate legal forum.