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402.05 Appeals to Administrative Rules and Regulations

402.05            

APPEALS TO ADMINISTRATIVE RULES AND REGULATIONS

General

Any employee of the Muscatine Community School District has the right to appeal implementation of an administrative rule and/or regulation not grievable under a collective bargaining agreement.

An “appeal” is an allegation by an employee, or group of employees, that an administrative rule and/or regulation is unfair, has been misapplied, and/or misinterpreted as it relates to the employee(s).

Purpose

The purpose of the appeal procedure is to secure at the lowest possible administrative or policy level, proper and equitable solutions to issues involving administrative rules and/or regulations on matters not grievable under a collective bargaining agreement.  The procedure establishes a formal procedure an employee must follow to bring an issue involving administrative rules and/or regulations to administration, and, ultimately, Board of Education attention for resolution.

Procedure

The number of days indicated at each level is the maximum allowable.  Appeals should be processed rapidly, and every effort should be made to expedite the process.  Established time limits may be extended only in writing and by mutual agreement of the administration and the employee involved.

There are four levels through which an appeal may progress:

Level One – An employee shall first discuss the issue with the immediate supervisor.  Level 1 discussion must take place within ten (10) calendar days from the date of occurrence of the event giving rise to the appeal or from the date a reasonable employee affected by the administrative rule and/or regulation should have learned of the event.

Level Two – If the employee is not satisfied with the disposition at Level 1, or if no disposition is made within five (5) work days after discussion with the immediate supervisor, an appeal may be filed in writing with the immediate supervisor.  The immediate supervisor shall give the employee a written response within five (5) workdays after receiving the written appeal.

Level Three – If the employee does not accept the written response given at Level 2 or if no response is given, an appeal to the superintendent may be filed in writing within five (5) work days of receipt of the Level 2 response or from the last day such a response should have been received.  The superintendent shall, within five (5) workdays after receipt of the written appeal, meet with the employee to discuss the appeal.  The superintendent shall provide a written response to the employee within five (5) workdays after the Level 3 meeting.

Level Four – Within ten (10) workdays after the superintendent’s written response is received at Level 3 or from the last day such a response should have been received, the employee may appeal in writing to the Board of Education of the Muscatine Community School District.  If practicable, a committee of the Board of Education shall meet with the employee within ten (10) workdays after receipt of the appeal to discuss the appeal.  If formal action is required by the full Board of Education to resolve the appeal, the Board’s decision shall be rendered in open session within ten (10) workdays after the employee meets with the Board committee or the full Board.  The Board’s decision, which need not be reduced to writing, shall be final.

 

Approved:           9/18/89            Reviewed:           10/22/12             Revised:       1/25/99              

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