Common use of Member Protection Clause in Contracts

Member Protection. Any bargaining unit member who believes his/her complaint is not being addressed per Board policy/procedure or is disciplined as a result of a sexual harassment complaint may file a grievance. Provided, however, that the grievance shall not be subject to the arbitration step of the grievance procedure, if it involves a discharge or demotion within the meaning of the Michigan Teacher Tenure Act. If the use of the grievance procedure would result in the accused harasser hearing the grievance, the grievance may be transmitted to the next step at the option of the grievant. Although the parties agree that communications regarding a complaint of sexual harassment are to be kept confidential, it is recognized that complete confidentiality cannot be assured due to the potential need to engage in actions such as investigating the complaint, processing a grievance, imposing discipline, prosecuting or defending a law suit or other administrative action, or other action that may be required by law. The Board will endeavor to protect the right to confidentiality of both the accused and the accuser in matters involving a sexual harassment complaint, but it is recognized that there may be circumstances limiting the Board’s ability to do so (e.g., disclosures by individuals who are not employed by the District).