Common use of Level Two Clause in Contracts

Level Two. If the grievant is not satisfied with the written response at Level One, or a written response has not been received within the time limit specified herein, the grievant may file a written appeal to the District Administrator responsible for handling grievances. This appeal must be received within seven (7) days following receipt of the written response rendered by the principal or supervisor, or in the absence of such written response, within seven (7) days of the expiration date of the time period specified for such written response. a. The District Administrator responsible for handling grievances (“Level Two Administrator”) will represent the Superintendent at Level Two of the grievance procedure. b. Within forty-eight (48) hours, or two days, whichever is longer, of its receipt, the District will provide the CCEA President with copies of any grievances filed at Level Two (including the Level One form and the Form B response to it unless such response was not given) unless the Association is already the grievant’s representative or a party to the Level Two grievance. The District will notify the CCEA of the date and time for the Level Two hearing, and the CCEA will be allowed to have a representative present at the proceedings. c. No additional grievance items may be added to the Level Two grievance that were not addressed in the Level One grievance. In the event additional information for a grievance(s) becomes known in preparation for the Level Two hearing, a new grievance(s) will need to be initiated at Level One to address those additional items. The original grievance shall not determine the timeliness of the subsequent grievance(s) under Policy 4836.C.2. d. The Level Two Hearing will take place at a mutually agreeable time within seven (7) days after the receipt of the written appeal from the grievant or at a later mutually agreed upon time. e. At the initial meeting of Level Two, the Level Two Administrator will hold a hearing at which both the grievant, with or without a representative(s) chosen by the grievant, and the appropriate administrator(s) are present. f. After the Level Two Hearing, the Level Two Administrator may investigate and consult with the grievant and/or the appropriate administrator(s) in an effort to resolve the grievance. g. Within ten (10) days after the hearing, the Level Two Administrator will provide a written document on the proposed resolution of the grievance to all parties of interest, including CCEA, setting forth the decision and its rationale.

Level Two. If If, as a result of the grievant is not satisfied informal discussion with the written response at Level Onesuperintendent/principal, or a written response has not been received within the time limit specified hereingrievance still exists, the grievant teacher may file a written appeal invoke the formal grievance procedure through the Association. A copy of the grievance shall be delivered to the District Administrator responsible for handling grievancessuperintendent/principal. This appeal must be received within seven (7) days following receipt of the written response rendered by the principal or supervisor, or in the absence of such written response, within Within seven (7) days of the expiration date of the time period specified for such written response. a. The District Administrator responsible for handling grievances (“Level Two Administrator”) will represent the Superintendent at Level Two of the grievance procedure. b. Within forty-eight (48) hours, or two days, whichever is longer, of its receipt, the District will provide the CCEA President with copies of any grievances filed at Level Two (including the Level One form and the Form B response to it unless such response was not given) unless the Association is already the grievant’s representative or a party to the Level Two grievance. The District will notify the CCEA of the date and time for the Level Two hearing, and the CCEA will be allowed to have a representative present at the proceedings. c. No additional grievance items may be added to the Level Two grievance that were not addressed in the Level One grievance. In the event additional information for a grievance(s) becomes known in preparation for the Level Two hearing, a new grievance(s) will need to be initiated at Level One to address those additional items. The original grievance shall not determine the timeliness of the subsequent grievance(s) under Policy 4836.C.2. d. The Level Two Hearing will take place at a mutually agreeable time within seven (7) days after the receipt of the written appeal from the grievant or at a later mutually agreed upon time. e. At the initial meeting of Level Twogrievance, the Level Two Administrator will hold a hearing at which both the grievant, with superintendent/principal or without a representative(s) chosen by the grievant, and the appropriate administrator(s) are present. f. After the Level Two Hearing, the Level Two Administrator may investigate and consult his/her designee shall meet with the grievant and/or the appropriate administrator(s) Association in an effort to resolve the grievance. g. Within ten (10) days after the hearing, the Level Two Administrator will provide a written document on the proposed resolution . The superintendent/principal shall indicate his/her disposition of the grievance in writing within five (5) days of such meeting, and shall furnish a copy thereof to all the Association. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) days of such meeting, the grievance shall be transmitted to the Board by filing a written copy thereof with the secretary or other designee of the Board. The Board, no later than its next regular meeting or within two (2) weeks, whichever shall be later, shall meet with the Association on the grievance. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted for arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within five (5) days from the notification date that arbitration will be pursued, an arbitrator shall be selected by the American Arbitration Association in accord with its rules, which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground, or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of interest, including CCEA, setting forth this Agreement. Both parties agree to be bound by the decision award of the arbitrator and its rationaleagree that judgment thereon may be entered in any court of competent jurisdiction.

Level Two. If the grievant is not satisfied with the written response at Level One, or a written response has not been received within the time limit specified herein, the grievant may file a written appeal to the District Administrator responsible for handling grievances. This appeal must be received within seven (7) days following receipt of the written response rendered by the principal or supervisor, or in the absence of such written response, within seven (7) days of the expiration date of the time period specified for such written response. a. The District Administrator responsible for handling grievances (“Level Two Administrator”) will represent the Superintendent at Level Two of the grievance procedure. b. Within forty-eight (48) hours, or two days, whichever is longer, of its receipt, the District will provide the CCEA President with copies of any grievances filed at Level Two (including the Level One form and the Form B response to it unless such response was not given) unless the Association is already the grievant’s representative or a party to the Level Two grievance. The District will notify the CCEA of the date and time for the Level Two hearing, and the CCEA will be allowed to have a representative present at the proceedings. c. No additional grievance items may be added to the Level Two grievance that were not addressed in the Level One grievance. In the event additional information for a grievance(s) becomes known in preparation for the Level Two hearing, a new grievance(s) will need to be initiated at Level One to address those additional items. The original grievance shall not determine the timeliness of the subsequent grievance(s) under Policy 4836.C.2. d. The Level Two Hearing will take place at a mutually agreeable time within seven (7) days after the receipt of the written appeal from the grievant or at a later mutually agreed upon time. e. d. At the initial meeting of Level Two, the Level Two Administrator will hold a hearing at which both the grievant, with or without a representative(s) chosen by the grievant, and the appropriate administrator(s) are present. f. e. After the Level Two Hearing, the Level Two Administrator may investigate and consult with the grievant and/or the appropriate administrator(s) in an effort to resolve the grievance. g. f. Within ten (10) days after the hearing, the Level Two Administrator will provide a written document on the proposed resolution of the grievance to all parties of interest, including CCEA, setting forth the decision and its rationale.

Level Two. If the grievant is not satisfied with the written response at Level One, or a written response has not been received within the time limit specified herein, the grievant may file a written appeal to the District Administrator responsible for handling grievances. This appeal must be received within seven (7) days following receipt of the written response rendered by the principal Principal or supervisorSupervisor, or in the absence of such written response, within seven (7) days of the expiration date of the time period specified for such written response. a. The District Administrator responsible for handling grievances grievances, (“Level Two Administrator”) ), will represent the Superintendent at Level Two of the grievance procedure. b. Within forty-eight (48) hours, or two days, whichever is longer, of its receipt, the District will provide the CCEA President with copies of any grievances filed at Level Two (including the Level One form and the Form B response to it unless such response was not given) unless the Association is already the grievant’s representative or a party to the Level Two grievance. The District will notify the CCEA of the date and time for the Level Two hearing, and the CCEA will be allowed to have a representative present at the proceedings. c. No additional grievance items may be added to the Level Two grievance that were not addressed in the Level One grievance. In the event additional information for a grievance(s) becomes known in preparation for the Level Two hearing, a new grievance(s) will need to be initiated at Level One to address those additional items. The original grievance shall not determine the timeliness of the subsequent grievance(s) under Policy 4836.C.2. d. The Level Two Hearing will take place at a mutually agreeable time within seven (7) days after the receipt of the written appeal from the grievant or at a later mutually agreed upon time. e. d. At the initial meeting of Level Two, the Level Two Administrator will hold a hearing at which both the grievant, with or without a representative(s) chosen by the grievant, and the appropriate administrator(s) are present. f. e. After the Level Two Hearinghearing, the Level Two Administrator may investigate and consult with the grievant and/or the appropriate administrator(s) in an effort to resolve the grievance. g. f. Within ten (10) days after the hearing, the Level Two Administrator will provide a written document on the proposed resolution of the grievance to all parties of interest, including CCEA, setting forth the decision and its rationale.

Level Two. If the grievant is not satisfied with the written response at Level One, or a written response has not been received within the time limit specified herein, the grievant may file a written appeal to the District Administrator responsible for handling grievances. This appeal must be received within seven (7) days following receipt of the written response rendered by the principal Principal or supervisorSupervisor, or in the absence of such written response, within seven (7) days of the expiration date of the time period specified for such written response. a. The District Administrator responsible for handling grievances grievances, (“Level Two Administrator”) ), will represent the Superintendent at Level Two of the grievance procedure. b. Within forty-eight (48) hours, or two days, whichever is longer, of its receipt, the District will provide the CCEA President with copies of any grievances filed at Level Two (including the Level One form Form A and the Form B response to it unless such response was not given) unless the Association is already the grievant’s representative or a party to the Level Two grievance. The District will notify the CCEA of the date and time for the Level Two hearing, and the CCEA will be allowed to have a representative present at the proceedings. c. No additional grievance items may be added to the Level Two grievance that were not addressed in the Level One grievance. In the event additional information for a grievance(s) becomes known in preparation for the Level Two hearing, a new grievance(s) will need to be initiated at Level One to address those additional items. The original grievance shall not determine the timeliness of the subsequent grievance(s) under Policy 4836.C.24136.C.2. d. The Level Two Hearing will take place at a mutually agreeable time within seven (7) days after the receipt of the written appeal from the grievant or at a later mutually agreed upon time. e. At the initial meeting of Level Two, the Level Two Administrator will hold a hearing at which both the grievant, with or without a representative(s) chosen by the grievant, and the appropriate administrator(s) are present. f. After the Level Two Hearinghearing, the Level Two Administrator may investigate and consult with the grievant and/or the appropriate administrator(s) in an effort to resolve the grievance. g. Within ten (10) days after the hearing, the Level Two Administrator will provide a written document on the proposed resolution of the grievance to all parties of interest, including CCEA, setting forth the decision and its rationale.

Level Two. If the grievant is not satisfied with the written response at Level One, or a written response has not been received within the time limit specified herein, the grievant may file a written appeal to the District Administrator responsible for handling grievances. This appeal must be received within seven (7) days following receipt of the written response rendered by the principal or supervisor, or in the absence of such written response, within seven (7) days of the expiration date of the time period specified for such written response. a. The District Administrator responsible for handling grievances (“Level Two Administrator”) ), will represent the Superintendent at Level Two of the grievance procedure. b. Within forty-eight (48) hours, or two days, whichever is longer, of its receipt, the District will provide the CCEA President with copies of any grievances filed at Level Two (including the Level One form and the Form B response to it unless such response was not given) unless the Association is already the grievant’s representative or a party to the Level Two grievance. The District will notify the CCEA of the date and time for the Level Two hearing, and the CCEA will be allowed to have a representative present at the proceedings. c. No additional grievance items may be added to the Level Two grievance that were not addressed in the Level One grievance. In the event additional information for a grievance(s) becomes known in preparation for the Level Two hearing, a new grievance(s) will need to be initiated at Level One to address those additional items. The original grievance shall not determine the timeliness of the subsequent grievance(s) under Policy 4836.C.2. d. The Level Two Hearing will take place at a mutually agreeable time within seven (7) days after the receipt of the written appeal from the grievant or at a later mutually agreed upon time. e. d. At the initial meeting of Level Two, the Level Two Administrator will hold a hearing at which both the grievant, with or without a representative(s) chosen by the grievant, and the appropriate administrator(s) are present. f. e. After the Level Two Hearing, the Level Two Administrator may investigate and consult with the grievant and/or the appropriate administrator(s) in an effort to resolve the grievance. g. f. Within ten (10) days after the hearing, the Level Two Administrator will provide a written document on the proposed resolution of the grievance to all parties of interest, including CCEA, setting forth the decision and its rationale.

Level Two. If the grievant is not satisfied The appropriate administrator will meet with the written response at Level OneGrievant and district representative(s), or a written response has not been received within the time limit specified herein, the grievant may file a written appeal to the District Administrator responsible for handling grievances. This appeal must be received within seven five (75) days following workdays after receipt of the written response rendered by the principal or supervisor, or in the absence of such written response, within seven (7) days of the expiration date of the time period specified for such written response. a. The District Administrator responsible for handling grievances (“Level Two Administrator”) will represent the Superintendent at Level Two of the grievance procedure. b. Within forty-eight (48) hours, or two days, whichever is longer, of its receipt, the District will provide the CCEA President with copies of any grievances filed at Level Two (including the Level One form and the Form B response to it unless such response was not given) unless the Association is already the grievant’s representative or a party to the Level Two grievance. The District will notify the CCEA of the date and time for the Level Two hearing, and the CCEA will be allowed to have a representative present at the proceedings. c. No additional grievance items may be added to the Level Two grievance that were not addressed in the Level One grievance. In the event additional information for a grievance(s) becomes known in preparation for the Level Two hearing, a new grievance(s) will need to be initiated at Level One to address those additional items. The original grievance shall not determine the timeliness of the subsequent grievance(s) under Policy 4836.C.2. d. The Level Two Hearing will take place at a mutually agreeable time within seven (7) days after the receipt of the written appeal from the grievant or at a later mutually agreed upon time. e. At the initial meeting of Level Two, the Level Two Administrator will hold a hearing at which both the grievant, with or without a representative(s) chosen by the grievant, and the appropriate administrator(s) are present. f. After the Level Two Hearing, the Level Two Administrator may investigate and consult with the grievant and/or the appropriate administrator(s) in an effort to resolve the grievance. g. . After hearing the grievance, the appropriate administrator will render a written decision within ten (10) workdays to the BVEOP, the Grievant, and the Assistant Superintendent of Human Resources. If the grievance has not been resolved at level two, the grievance may be appealed in writing to the Assistant Superintendent of Human Resources within five (5) days after receipt of the level two written decision. If no written decision is provided, the grievance may be appealed in writing to the Assistant Superintendent of Human Resources within fifteen (15) days after the hearing. D-3.5 LEVEL THREE The Superintendent and/or designee will meet with the Grievant and/or district representative(s), within ten (10) workdays after receipt of the written appeal in an effort to resolve the grievance. After hearing the grievance, the Superintendent or designee will render a written decision within ten (10) workdays to the BVEOP, the Grievant and the Assistant Superintendent of Human Resources. If the grievance has not been resolved at level three, the Grievant may demand arbitration. Such demand must be made in writing to the Assistant Superintendent of Human Resources within ten (10) workdays after receipt of the level three written decision. If no written decision is provided, the Grievant may demand arbitration in writing to the Assistant Superintendent of Human Resources within twenty (20) days after the hearing. D-3.6 LEVEL FOUR Within ten (10) days after of the hearingdemand for arbitration, the Level Two Administrator Board and/or representative(s) and the BVEOP and/or representatives will select an arbitrator. In the event the parties are unable to agree upon an arbitrator within ten (10) days following the BVEOP’s notification to the Superintendent, an arbitrator shall be selected as follows: The Federal Mediation and Conciliation Service shall be requested by either or both parties to provide a written document on panel of five (5) arbitrators. Both the proposed resolution of employer and the grievance BVEOP shall have the right to all parties of interest, including CCEA, setting forth strike two names from the decision panel. The party requesting arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and its rationalethe remaining person shall be the arbitrator.

Level Two. If the grievant grievance is not satisfied with settled to the written response satisfaction of the aggrieved driver at Level One, or a written response has not been received within the time limit specified herein, the grievant may file a written appeal grievance shall be presented in writing to the District Administrator responsible for handling grievances. This appeal must be received Committee's Business Director within seven eight (7) days following receipt of the written response rendered by the principal or supervisor, or in the absence of such written response, within seven (7) 8) days of the expiration date of the time period specified for such written response. a. The District Administrator responsible for handling grievances decision in Level One. Within five (“Level Two Administrator”) will represent the Superintendent at Level Two of the grievance procedure. b. Within forty-eight (48) hours, or two days, whichever is longer, of its receipt, the District will provide the CCEA President with copies of any grievances filed at Level Two (including the Level One form and the Form B response to it unless such response was not given) unless the Association is already the grievant’s representative or a party to the Level Two grievance. The District will notify the CCEA of the date and time for the Level Two hearing, and the CCEA will be allowed to have a representative present at the proceedings. c. No additional grievance items may be added to the Level Two grievance that were not addressed in the Level One grievance. In the event additional information for a grievance(s) becomes known in preparation for the Level Two hearing, a new grievance(s) will need to be initiated at Level One to address those additional items. The original grievance shall not determine the timeliness of the subsequent grievance(s) under Policy 4836.C.2. d. The Level Two Hearing will take place at a mutually agreeable time within seven (75) days after the receipt of the written appeal from grievance by the grievant or Business Director, he/she and the aggrieved driver and, if the aggrieved driver so chooses, a representative of the Association, shall meet to discuss the grievance. The Business Director shall provide his/her decision in writing within five (5) days after the conclusion of such meeting. LEVEL THREE. If the grievance is not settled at a later mutually agreed upon time. e. At the initial meeting of Level Two, the grievance shall be presented in writing to the Superintendent within eight (8) days of the decision in Level Two Administrator will hold Two. The Superintendent or his/her designee and the aggrieved driver and, if the aggrieved driver so chooses, a representative of the Association, shall meet within five (5) days after receipt of the written grievance by the Superintendent or his/her designee to discuss the grievance. The Superintendent or his/her designee shall give his/her answer in writing within five (5) days after the conclusion of such meeting. LEVEL FOUR. If the grievance is not settled at Level Three to the satisfaction of the aggrieved driver, the grievance may be presented in writing to the Committee within eight (8) days of the decision at Level Three. The Committee shall consider the grievance and provide its decision in writing to the aggrieved driver within thirty (30) days after receipt of the written grievance by the Committee when no hearing on the grievance is held, or within fifteen (15) days after the conclusion of the hearing when a hearing is held. If the grievance is not settled to the satisfaction of the aggrieved driver at which both the grievant, with or without a representative(s) chosen by the grievant, and the appropriate administrator(s) are present. f. After the Level Two HearingFour, the Level Two Administrator Association may investigate and consult with submit the grievant and/or grievance to arbitration by giving written notice to the appropriate administrator(s) in an effort to resolve the grievance. g. Within Committee within ten (10) days after the hearing, the Level Two Administrator will provide a written document on the proposed resolution receipt of the grievance to all parties of interest, including CCEA, setting forth the decision and its rationaleCommittee's decision.

Level Two. If the grievant aggrieved person is not satisfied with the written response disposition of the grievance at Level One, or a written response if no decision has not been received rendered within five (5) school days after presentation of the time limit specified hereingrievance, s/he or an Association representative may within ten (10) school days after the grievant may file a written appeal Level One discussion, refer the grievance in writing to the District Administrator responsible for handling grievancessuperintendent. This appeal must be received The superintendent will meet with the aggrieved person and/or Association representative within seven ten (710) school days following after his/her receipt of the written response rendered grievance and will respond to it in writing within five (5) school days thereafter. Grievances involving the Association or several of its members may be instituted by the principal Association at this level. If the aggrieved person or supervisorthe Association is not satisfied with the disposition of the grievance at Level Two, or in the absence of such if no written response, answer has been submitted within seven five (75) school days of the expiration date of the time period specified for such written response. a. The District Administrator responsible for handling grievances (“Level Two Administrator”meeting, s/he or the Association may, within fifteen (15) will represent school days after the Superintendent at Level Two meeting, refer the grievance to the Committee. The Committee will schedule a hearing on the grievance within fifteen (15) school days after its receipt of the grievance procedure. b. Within forty-eight (48) hours, or two days, whichever is longer, of its receipt, the District and will provide the CCEA President with copies of any grievances filed at Level Two (including the Level One form and the Form B response respond to it unless such response was not given) unless the Association is already the grievant’s representative or a party to the Level Two grievance. The District will notify the CCEA of the date and time for the Level Two hearing, and the CCEA will be allowed to have a representative present at the proceedings. c. No additional grievance items may be added to the Level Two grievance that were not addressed in the Level One grievance. In the event additional information for a grievance(s) becomes known in preparation for the Level Two hearing, a new grievance(s) will need to be initiated at Level One to address those additional items. The original grievance shall not determine the timeliness of the subsequent grievance(s) under Policy 4836.C.2. d. The Level Two Hearing will take place at a mutually agreeable time writing within seven (7) days after the receipt of the written appeal from the grievant or at a later mutually agreed upon time. e. At the initial meeting of Level Two, the Level Two Administrator will hold a hearing at which both the grievant, with or without a representative(s) chosen by the grievant, and the appropriate administrator(s) are present. f. After the Level Two Hearing, the Level Two Administrator may investigate and consult with the grievant and/or the appropriate administrator(s) in an effort to resolve the grievance. g. Within ten (10) school days thereafter. If the Association is not satisfied with the disposition of the grievance at Level Three, or if no written answer has been submitted within ten (10) school days after the Level Three hearing, the Association may, within twenty (20) school days after the Level Two Administrator Three hearing, refer the grievance to arbitration. The parties will provide a written document on attempt to reach agreement upon an arbitrator, but if they are unable to do so within ten (10) school days after the proposed resolution referral of the grievance to all parties arbitration, the grievance will be submitted to the American Arbitration Association for the selection of interestan arbitrator and the conduct of a hearing in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association then in effect. The costs for the services of the arbitrator, including CCEAper diem expenses (if any), setting and actual and necessary travel and subsistence expenses, will be borne equally by the Committee and the Association. The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator will be submitted to the Committee and to the Association and, subject to law, will be final and binding, provided that the arbitrator will not usurp the functions of the Committee or the proper exercise of its judgment and discretion under law and this Agreement. The Arbitrator will have no power to alter, add to, or detract from the provisions of this Agreement. Either the Committee or the Association may appeal the decision and its rationale.of the arbitrator to the Superior Court. Upon application by either party, the Court will vacate an award if:

Level Two. If the grievant is not satisfied with the written response at Level One, or a written response has not been received within the time limit specified herein, the grievant may file a written appeal to the District Administrator responsible for handling grievances. This appeal must be received within seven (7) days following receipt of the written response rendered by the principal Principal or supervisorSupervisor, or in the absence of such written response, within seven (7) days of the expiration date of the time period specified for such written response. a. The District Administrator responsible for handling grievances grievances, (“Level Two Administrator”) ), will represent the Superintendent at Level Two of the grievance procedure. b. Within forty-eight (48) hours, or two days, whichever is longer, of its receipt, the District will provide the CCEA President with copies of any grievances filed at Level Two (including the Level One form and the Form B response to it unless such response was not given) unless the Association is already the grievant’s representative or a party to the Level Two grievance. The District will notify the CCEA of the date and time for the Level Two hearing, and the CCEA will be allowed to have a representative present at the proceedings. c. No additional grievance items may be added to the Level Two grievance that were not addressed in the Level One grievance. In the event additional information for a grievance(s) becomes known in preparation for the Level Two hearing, a new grievance(s) will need to be initiated at Level One to address those additional items. The original grievance shall not determine the timeliness of the subsequent grievance(s) under Policy 4836.C.2. d. The Level Two Hearing will take place at a mutually agreeable time within seven (7) days after the receipt of the written appeal from the grievant or at a later mutually agreed upon time. e. d. At the initial meeting of Level Two, the Level Two Administrator will hold a hearing at which both the grievant, with or without a representative(s) chosen by the grievant, and the appropriate administrator(s) are present. f. e. After the Level Two Hearinghearing, the Level Two Administrator may investigate and consult with the grievant and/or the appropriate administrator(s) in an effort to resolve the grievance. g. f. Within ten (10) days after the hearing, the Level Two Administrator will provide a written document on the proposed resolution of the grievance to all parties of interest, including CCEA, setting forth the decision and its rationale.