Policy 525 - Grievance Procedure
Adopted on June 22, 2023
Effective July 1, 2023
The Board recognizes that, from time to time, its actions, the actions of its administrators, and the actions of its employees may be in disagreement. While it is strongly encouraged that all employees seek to resolve these disagreements through proper and timely communication with supervisors, county administrators, and / or the Superintendent, it may become necessary in the employee's view to make use of a formal grievance procedure.
Pursuant to state law, all employees of the Board have available to them the formal grievance procedure described in West Virginia Code 6C and through the rules and regulations of the West Virginia Public Employees Grievance Board.
For this procedure, the Board shall annually appoint a Chief Administrator who meets the qualifications specified in state law and/or policy.
Any and all grievances filed under this procedure shall be by a current employee of the Board and shall be addressed to the Board as respondent. No grievances may be filed against another employee, an agency of the State or County other than the Board, the Superintendent, or any Board member.
The Board directs the Chief Administrator to act as hearing officer for any Level 1 Hearing. The Board also directs the Superintendent to seek appropriate legal counsel as is necessary to successfully adjudicate and / or defend the Board's interests in grievance proceedings. The Superintendent may, in his / her sole discretion, pursue appeals of grievances to Level 2 or Level 3, and may grant any relief he / she sees fit except for that which would normally would require Board action (including but not limited to assignment, transfer, promotion, demotion, adjustment of salary, and payment of sums other than those appearing on the Board's approved salary schedules). The Board reserves the right to authorize appeals to the West Virginia Intermediate Court of Appeals and / or the West Virginia Supreme Courts of Appeal should these avenues become available to it.
From time-to-time, the Superintendent shall inform the Board of the results of any grievance proceedings filed against it and make recommendations as to any changes in policy or procedure that may be appropriate in avoiding unsuccessful defenses of grievances.
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