Common use of Supplemental Provisions Clause in Contracts

Supplemental Provisions. 5.1 The failure of a grievant to proceed from one level of the grievance procedure to the next level within the time limits as set forth herein, shall be deemed to be an acceptance of the decision previously rendered and concerning the particular grievance except as provided in paragraph 3.6. 5.2 The failure of an administrator to communicate his decision to the party within the specified time limit shall permit the party to proceed to the next level in the grievance procedure. 5.3 Neither the Board nor any member of the administration shall take reprisals affecting the employment status of any party in interest. 5.4 Any party in interest agrees to furnish to all parties in interest the information necessary to process any grievance thus providing full disclosure to all parties involved. 5.5 All documents, communications and records dealing with grievances shall be filed in a separate grievance file at the District Office and will not be kept in the district personnel file of any of the participants. 5.6 Utilization of this Grievance Procedure is not intended to deprive an individual of seeking redress through the courts, if they so desire. 5.7 The provisions of the Uniform Arbitration Act (Chapter 9 Title 7, Idaho Code) apply to this agreement. 5.8 When the grievant is an employee who reports directly to the Superintendent, the grievance shall be filed with the Board Chair. The Chair should request appropriate District personnel to being the investigation/resolution process set forth in Section Four (4). 5.9 When the accused is the Superintendent, the grievant shall file the complaint in writing with the Board Chair, who shall take prompt action as specified below:

Supplemental Provisions. 5.1 The failure of a grievant to proceed from one level of the grievance procedure to the next level within the time limits as set forth herein, shall be deemed to be an acceptance of the decision previously rendered and concerning the particular grievance except as provided in paragraph 3.6. 5.2 The failure of an administrator to communicate his decision to the party within the specified time limit shall permit the party to proceed to the next level in the grievance procedure. 5.3 Neither the Board nor any member of the administration shall take reprisals affecting the employment status of any party in interest. 5.4 Any party in interest agrees to furnish to all parties in interest the information necessary to process any grievance thus providing full disclosure to all parties involved. 5.5 All documents, communications and records dealing with grievances shall be filed in a separate grievance file at the District Office and will not be kept in the district personnel file of any of the participants. 5.6 Utilization of this Grievance Procedure is not intended to deprive an individual of seeking redress through the courts, if they so desire. 5.7 The provisions of the Uniform Arbitration Act (Chapter 9 Title 7, Idaho Code) apply to this agreement. 5.8 When the grievant is an employee who reports directly to the Superintendent, the grievance shall be filed with the Board Chair. The Chair should request appropriate District personnel to being the investigation/resolution process set forth in Section Four (4). 5.9 When the accused is the Superintendent, the grievant shall file the complaint in writing with the Board Chair, who shall take prompt action as specified below: 5.9.1 First, the Chair shall notify the accused of the complaint. 5.9.2 Second, the Chair shall notify the Board of the complaint. The Board shall determine if the complaint appears to merit formal investigation. 5.9.3 If the Board deems the complaint to merit formal investigation, the Board shall set the parameters for the investigation. The investigation should seek the accused /employee’s response as well as the statements of the grievant and witnesses. 5.9.4 If a preliminary investigation is begun, the written complaint and documents relating to the investigation are confidential until the investigation is either concluded or ceases to be active. 5.9.5 To conduct the investigation, the Board may consider: A. Retaining outside special counsel (which should be an attorney or law firm that is not currently retained by the Board and has not handled any matters for or against the Board within the past five years); B. Requesting the personnel-investigation department of another Idaho school district to conduct the inquiry; C. Contracting the DOE Office of Inspector General; or D. If applicable, referring the matter to the State Attorney’s Office, the Commission on Ethics, or other applicable state agency. 5.9.6 The Board and the employee should receive the final investigative report at the same time. 5.9.7 Upon receiving the report, the Board shall determine whether any action is required. The accused/employee and/or the employee’s representative shall have a right to address the Board at the meeting where the decision will be made. 5.9.8 Consistent with the employment contract, if informal action such as a reprimand is deemed necessary, such action may be reflected in the employee’s evaluation and personnel file. In accordance with the employment contract, if formal action such as demotion, suspension, or termination is deemed necessary, the employee shall receive appropriate notice and opportunity for a hearing.