Common use of Level Three Clause in Contracts

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 aggrieved person grievant is not satisfied with the disposition of his/her his grievance at Level Two, or if no hearing is conducted as requested by the grievant or if no decision has been rendered is timely made to the Superintendent, then and in such event, the aggrieved person may request in writing a hearing before the Board of Education for the purpose of final disposition of the grievance under this procedure. The grievant shall make written request for hearing before the Board of Education by executing Grievance Form # 5, a copy of which is attached hereto and made a part hereof. If the grievant does not appeal the prior disposition of his grievance to the Board of Education within ten (10) school days after the grievance was delivered to date of the Superintendent decision of same at Level Two, or his designee, the aggrieved may, within five ten (510) school days after which time of the decision of same should have been made in the event timely decision of same was not made, then an in such event, the grievant shall waive any further review of his grievance under this procedure. If the grievant made a decision by timely and proper request for a hearing before the Superintendent or his designeeBoard of Education, or the Board of Education shall conduct, in executive session, a hearing with the grievant, and said hearing shall be held with fifteen (15) school days after the grievance was delivered to the Superintendent or his designee, whichever is less, submit in writing to receipt by the Board President a of Education of the request for a hearing before the Boardhearing. At the option hearing the Board of Education shall consider any statements, the grievant may desire to make as well as copies of all grievance forms previously submitted with respect to this particular grievance being considered. The Board, at such a grievance hearing, may consider such other additional evidence from the professional, and from representatives of the Board, such hearing shall be held before as in 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 opinion of the Board, such committee may, at is relevant and necessary in order for the option of Board to make a fair and just decision on the Board, render a final determinationgrievance. 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 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 mayof Education shall render a written decision concerning the grievance by executing Grievance Form No 6, at its optiona copy of which is attached hereto and made a part hereof. A copy of this decision shall be delivered, reserve in person or by mail, to the right grievant within forty-eight hours after the board has rendered said decision. The decision rendered by the Board of Education shall be the final determination administrative disposition of the full Boardgrievance under this procedure. In such event, the Committee of the Board shall make a report and recommendation The grievant has all appeal rights 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 hearingKansas Courts as provided by law.

Level Three. 10.5.3.1 If the aggrieved person grievant is not satisfied with the disposition of his/her their grievance at Level Two, or if no decision has been rendered within ten (10) school days after they first met with the grievance was delivered to the Superintendent or his designeeSuperintendent, the aggrieved may, they may (within five (5) school days after a decision by the Superintendent or his designeeSuperintendent, or fifteen (15) school days after they first met with the grievance was delivered to the Superintendent or his designeeSuperintendent, whichever is less, submit sooner) request in writing to the Board President a request for a hearing before Association that the BoardAssociation submit their grievance to arbitration. At If the option Association determines that the grievance involves the interpretation, meaning or application of any of the Boardprovisions of this Agreement, such hearing shall be held before it may, by written notice to the full Board or a designated committee of the Board. Such hearing shall be held Superintendent within twenty-five fifteen (2515) school days after receipt of the request for a hearingfrom the grievant, submit the grievance to arbitration. The aggrieved district may submit written materials challenge such determination and, in the event it does, the arbitrator shall resolve this issue. If any question arises as 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 arbitrability, such written materials shall question will first be served on all parties in interest ruled upon by the aggrieved person. In arbitrator selected to hear 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 dispute. 10.5.3.2 Within ten (10) school days after such written notice of submission to arbitration, the conclusion of Superintendent and the hearingAssociation will attempt to agree upon a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve. In If the event that the hearing is conducted before a committee of the Boardparties are unable to agree upon an arbitrator or to obtain such commitment, the Board may, at its option, reserve and Association will jointly request the right American Arbitration Association for a list 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 arbitrators within this ten (10) school day period. The parties will follow the rules and procedures of the American Arbitration Association. 10.5.3.3 Neither party shall be permitted to assert in the arbitration proceedings any evidence which was not submitted to the other party before the completion of Level Two meetings. 10.5.3.4 The arbitrator selected will confer with the representatives of the Superintendent and the Association, and hold hearings promptly and shall issue their decision not later than twenty (20) days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs are submitted to them. The arbitrator's decision shall be in writing and shall set forth their findings of fact, reasonings and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association. Within five (5) days after receiving the conclusion report of the hearingarbitrator, representatives of the Board and the Association shall meet to discuss the report before a public release is made. The Board and the Association shall take official action on the report at their next regularly scheduled meetings. 10.5.3.5 The costs for the services of the arbitrator, including per diem expenses, if any, plus actual and necessary travel and subsistence expenses, and facility expenses shall be shared equally by the parties, unless the arbitrator determines either party's position is frivolous or lacks any substantial justification, in which case the arbitrator may charge all costs and expenses against that party.

Level Three. a. If the aggrieved person grievant 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 meeting(s) with the Superintendent or his designeeSuperintendent, the aggrieved may, within five (5) school days after grievant may submit 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 request in writing to the Association's Grievance Committee that the Association submit his/her grievance to arbitration. The Association's Executive Board President shall be notified of the impasse and impending arbitration by the Grievance Committee. The Association may, by written notice of the request by the grievant, submit the grievance to advisory arbitration within twenty (20) days after the meeting(s) with the Superintendent. b. Within ten (10) days after such written notice of submission to arbitration, the Superintendent and the Association's Executive Board will attempt to agree upon a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve. If the parties are unable to agree upon an arbitrator, or to obtain such a commitment within the ten-day period, a request for a list of arbitrators may be made to the American Arbitration Association by either party. The parties will be bound by the rules and procedures of the American Arbitration Association. c. Neither party shall be permitted to assert in the arbitration proceedings any evidence which was not submitted to the other party before the completion of Level Two meeting(s). d. The arbitrator selected will confer with the representatives of the Superintendent and the Association's Grievance Committee and hold hearings promptly and will issue his decision not later than thirty (30) days from the date of the close of hearings, or, if oral hearings have been waived, from the date the final statement proofs are submitted to him. The arbitrator's decision will be in writing and will set forth his findings of fact, reasoning, and conclusions of the issues submitted. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law, or which is in violation of the terms of this Master Agreement, or of an existing Board rule, policy, or practice. The decision of the arbitrator will be submitted to the Board and the Association. The arbitrator's report shall be advisory only and shall not be binding on the Board or the Association. e. The Board and the Association, through their representatives, may mutually agree to waive the advisory arbitration proceedings provided herein and proceed directly to a hearing before the Board, no later than the next regular Board meeting, provided the Board has received the Level Two decision at least five (5) days prior to that meeting. At In any case, no more than one regular Board meeting shall intervene. The Board may hear the option case at a special meeting, provided it falls within the above time limitations. f. The cost of services of the Boardarbitrator, such including per diem expenses and the cost of any hearing shall room, will 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 borne equally 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 School District and the entire Board shall thereafter make a final determination and notify Association. All other costs will be borne by the aggrieved person within ten (10) school days after the conclusion of the hearingparty incurring them.

Level Three. 9.5.3.1 If the aggrieved person grievant is not satisfied with the disposition of his/her their grievance at Level Two, or if no decision has been rendered within ten (10) school days after they first met with the grievance was delivered to the Superintendent or his designeeSuperintendent, the aggrieved may, they may (within five (5) school days after a decision by the Superintendent or his designeeSuperintendent, or fifteen (15) school days after they first met with the grievance was delivered to the Superintendent or his designeeSuperintendent, whichever is less, submit sooner) request in writing to the Board President a request for a hearing before Association that the BoardAssociation submit their grievance to arbitration. At If the option Association determines that the grievance involves the interpretation, meaning or application of any of the Boardprovisions of this Agreement, such hearing shall be held before it may, by written notice to the full Board or a designated committee of the Board. Such hearing shall be held Superintendent within twenty-five fifteen (2515) school days after receipt of the request for a hearingfrom the grievant, submit the grievance to arbitration. The aggrieved district may submit written materials challenge such determination and, in the event it does, the arbitrator shall resolve this issue. If any question arises as 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 arbitrability, such written materials shall question will first be served on all parties in interest ruled upon by the aggrieved person. In arbitrator selected to hear 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 dispute. 9.5.3.2 Within ten (10) school days after such written notice of submission to arbitration, the conclusion of Superintendent and the hearingAssociation will attempt to agree upon a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve. In If the event that the hearing is conducted before a committee of the Boardparties are unable to agree upon an arbitrator or to obtain such commitment, the Board may, at its option, reserve and Association will jointly request the right American Arbitration Association for a list 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 arbitrators within this ten (10) school day period. The parties will follow the rules and procedures of the American Arbitration Association. 9.5.3.3 Neither party shall be permitted to assert in the arbitration proceedings any evidence which was not submitted to the other party before the completion of Level Two meetings. 9.5.3.4 The arbitrator selected will confer with the representatives of the Superintendent and the Association, and hold hearings promptly and shall issue their decision not later than twenty (20) days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs are submitted to him. The arbitrator's decision shall be in writing and shall set forth their findings of fact, reasonings and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association. Within five (5) days after receiving the conclusion report of the hearingarbitrator, representatives of the Board and the Association shall meet to discuss the report before a public release is made. The Board and the Association shall take official action on the report at their next regularly scheduled meetings. 9.5.3.5 The costs for the services of the arbitrator, including per diem expenses, if any, plus actual and necessary travel and subsistence expenses, and facility expenses shall be shared equally by the parties, unless the arbitrator determines either party's position is frivolous or lacks any substantial justification, in which case the arbitrator may charge all costs and expenses against that party.