Section 5-E800. GENERAL PROVISIONS

 

800.1A uniform grievance procedure shall be followed for the resolution of all grievances arising out of misunderstanding, disagreement, concern, dissatisfaction, or other conflict with regard to an employee’s own conditions of employment, as set forth in § 801.

 

800.2The resolution of conflict, the prompt and equitable relief of personal concerns, and the redress of grievances in a fair and objective manner are the responsibility of all employees of the D.C. Public Schools.

 

800.3The submission of a grievance in good faith by an employee shall not be considered an act of disloyalty or insubordination.

 

800.4The submission of a grievance, in and of itself, shall not be considered a reflection upon the employee’s supervisor, the management of the D.C. Public Schools, or the Board of Education.

 

800.5An employee who submits or seeks to submit a grievance in accordance with the provisions of this chapter shall not be impeded or discouraged, nor shall the employee be subjected to any restraint, interference, coercion, reprisal, or discrimination in connection with a grievance.

 

800.6In addition to the right of self-representation, an employee shall have the right to have any person, including legal counsel, represent or accompany the employee at any stage of the formal grievance process, as set forth in §§ 804 through 806.

 

800.7If legal counsel is obtained by an employee, that representation shall be at the expense of the employee.

 

800.8All time limits set forth in §§ 802 through 806 may be extended by mutual consent of the employee and the supervisor or other official with whom the grievance is filed. Unless the time limits are extended, they shall be strictly observed by the parties.

 

800.9The decision of a supervisor or other official shall be final unless reversed, in whole or in part, in any stage of the grievance procedure.

 

800.10All conferences and hearings held pursuant to these grievance procedures shall be closed to the public unless all parties to the grievance agree to hold an open session.

 

800.11Each conference or hearing held pursuant to these grievance procedures shall be scheduled at a time and place that will afford all parties entitled to be present, including witnesses, a fair and reasonable opportunity to attend.

 

800.12When any conference or hearing held pursuant to these grievance procedures is scheduled during working hours, all employees who are entitled to be present at the conference or hearing shall be excused with pay for that purpose.

 

800.13The fact that a grievance has been filed by an employee, regardless of the nature of the grievance or its ultimate disposition, shall not be made a part of the employee’s personnel file.

 

800.14The fact that a grievance has been filed by an employee, regardless of the nature of the grievance or its ultimate disposition, shall not be made a part of any file, record, or material that is utilized in any promotion or evaluation process.

 

800.15The fact that a grievance has been filed by an employee, regardless of the nature of the grievance or its ultimate disposition, shall not be made a part of or used in connection with any application or recommendation for employment or job placement.

 

800.16The Superintendent of Schools shall be authorized to utilize the services of an impartial hearing officer to hear and decide Step 3 grievances, pursuant to § 806 of this chapter.

 

800.17The utilization of an impartial hearing officer shall be pursuant to the following provisions:

 

(a)The hearing officer shall be the designee of the Superintendent of Schools for the purposes of § 806; and

 

(b)The hearing officer shall have qualifications and training appropriate to the subject area of the hearing(s) to which he or she is assigned.

 

800.18The impartial hearing officer shall be assigned to hearings on a rotation basis from a roster of available hearing officers.

 

800.19Openings on the roster of hearing officers designated by the Superintendent of Schools shall be filled from among the qualified list of applicants. The openings shall be publicly advertised.

 

authority

Unless otherwise noted, the authority for this chapter is § 2 of An Act approved June 20, 1906, 34 Stat. 317, ch.3446, D.C. Official Code § 31-120 (2001).

source

Final Rulemaking published at 24 DCR 1068 (July 29, 1977); as amended by Final Rulemaking published at 25 DCR 7222 (February 2, 1979).