School Board of the City of Virginia Beach
Policy 4-3

PERSONNEL

Grievances and Grievance Procedures: Teachers

The School Board honors the procedures for adjusting grievances as prescribed by the General Assembly and the Board of Education of the Commonwealth of Virginia as amended by these bodies from time to time.

I. Grievability

A. Determination of Grievability

When a party requests a hearing by the School Board to address the grievability of an employee grievance pursuant to Virginia Code Section 22.1-314, the School Board directs that the following procedures are to be followed:

1. Both sides shall provide the Board Clerk, each other, and School Board Legal Counsel, written argument regarding grievability in advance of the Board meeting at which the issue is to be decided;

2. Both sides shall make themselves available at the meeting where the issue is to be decided, to provide oral argument and/or respond to Board member questions;

3. Both sides shall provide the Board Clerk, each other, and the Board’s attorney in advance of the hearing, the documents they rely upon in the form of numbered exhibits; and

4. The School Board’s attorney and the Board Chairman, or if he is unavailable, the Vice-Chairman, following the School Board attorney’s consultation with counsel for the grievant and administration. shall set the date, time, and procedural ground rules for the grievability hearing (including, but not limited to, the date and time when written arguments and documents are to be exchanged) Such ground rules, shall be consistent with School Board Policy, School Board Procedure, State Board of Education procedure and law regarding grievances and grievability and be directed toward the objective of precisely framing the issues.

B. Appeal of school board determination on grievability.

1. In accordance with Virginia Code Section 22.1-314, the School Board’s decision may be appealed to the Virginia Beach Circuit Court by filing a notice of appeal within ten (10) calendar days of the date of the School Board’s decision and delivering a copy to all other parties.

2. In accordance with Virginia Code Section 22.1-314, within ten (10) calendar days of receipt of such appeal, the School Board shall transmit to the clerk of court a copy of its decision, a copy of the notice of appeal and all exhibits. The failure of the School Board to transmit the record within the time allowed shall not prejudice the rights of the grievant. The court may, on motion of the grievant, issue a writ of certiorari requiring the School Board to transmit the records on or before a certain date.

II. Election by Board for Fact-Finding Panel – Part II Grievances

1. In any Part II Grievance in which an employee requests a hearing before the School Board without first proceeding to a Fact-finding Panel, the Board elects and directs that unless the Board, by vote at a duly called meeting, specifically elects and directs otherwise on a specific grievance, all Part II Grievances, in which the employee appeals from the Stop 3 decision of the Superintendent or his designee, shall be sent to a Fact-finding Panel.

2. The Superintendent or his designee shall take steps to notify all employees appealing a Step 3 decision from the Superintendent or his designee of the Board’s election in compliance with State Board of Education Procedure for Adjusting Grievances.*

3. At the time the employee gives notice of appeal from the Step 3 decision of the Superintendent or his designee, the Superintendent shall promptly provide School Board Legal Counsel copies of the written action taken from which the employee grieved, the written decisions at Step 2 and Step 3, and written responses of the employee, if any, and request for a Board hearing.

4. Once received, School Board Legal Counsel shall promptly provide the foregoing documents to the Board in order that the Board, in its sole discretion, may determine whether to deviate from its standard practice set forth hereinabove, and provide a decision on the grievance without first sending it to a Fact-finding Panel to make Findings of Fact and a Recommendation.

III. Election by Board for Fact-Finding Panel – Part III Grievances

1. The School Board elects and directs that unless the Board, by vote at a duly called meeting specifically elects and directs otherwise on a specific grievance, that all Part III Grievances in which an employee requests a hearing before the School Board shall first be sent to a Fact-finding Panel to make findings of fact and a recommendation to the School Board.

2. The Superintendent or his designee shall take steps to notify all employees filing Part III Grievances of the Board’s election in compliance with state Board of Education Procedure for Adjusting Grievances.*

3. At the time the Superintendent or his designee takes action which gives rise to the right to file a Part III Grievance, he shall promptly provide School Board Legal Counsel a copy of the document given to the employee, making the recommendation or taking the action giving rise to the Part III Grievance, the employee’s written response, if any, and any employee request for a board hearing.

4. As and when the foregoing documents are received, School Board Legal Counsel shall promptly provide copies to the Board so that the Board may have the opportunity to meet and elect to hear the case without it first going to a Fact-finding Panel, should the Board determine, in its sole discretion, to deviate from its preferred practice and election set forth herein of initially sending Part III Grievances to a Fact-finding Panel.

5. From the time the Superintendent or his designee takes action which gives rise to the right to file a Part III Grievance until a hearing is held by the Board in accordance with the provisions of State Board of Education Procedure for Adjusting Grievances, if such a hearing is requested, the merits of the recommendation of the division Superintendent shall not be considered discussed or acted upon by the School Board except as provided for in State Board of Education Procedure for Adjusting Grievances and Virginia Code Section 22.1-309.

Legal Reference:

Code of Va., § 22.1 253.13:7. Standard 7. Policy Manual.

Code of Va., § 22.1 306. Definitions.

Code of Va., § 22.1 307. Dismissal, etc., of teacher; grounds.

Code of Va., § 22.1 308. Grievance procedure.

Code of Va., § 22.1 309. Notice to teacher of recommendation of dismissal or placing on probation; school board not to consider merits during notice; superintendent required to provide reasons for recommendation upon request.

Code of Va., § 22.1-310. Election of hearing before fact-finding panel prior to decision of school board.

Code of Va., § 22.1-311. Hearing before school board.

Code of Va., § 22.1-312. Hearing before fact-finding panel.

Code of Va., § 22.1 313. Decision of school board; generally.

Code of Va., § 22.1 314. Decision of school board; issue of grievability; appeal.

School Board of the City of Richmond v. Margaret W. Parham, et al., Record No. 761561. Supreme Court of Virginia, April 21, 1978.

Editor’s Notes

* The State Board of Education Procedure for Adjusting Grievances is duplicated in City of Virginia Beach School Board Regulation 4-3.1.

By Policy 4-18 and Regulation 4-3.2 the School Board has provided classified employees who have completed probationary employment and are dismissed, suspended with or without pay, or placed on probation by the Superintendent or his designee access to the grievance procedure established in Division Regulation 4-3.1 which follows Board of Education Procedure for Adjusting Employee Grievances. Also see Regulation 4-18.1. This same right is afforded administrators by Regulation 4-3.2.

For definitions of employee classifications and the requirement employees other than those covered by Virginia Code Sections 22.1-303 and 22.1-294 complete a probationary period of employment before accessing the grievance procedure see Policy 4-1.

Adopted by School Board: July 19, 1973
Amended by School Board: February 19, 1974
Amended by School Board: August 23, 1974
Amended by School Board: September 16, 1975
Amended by School Board: November 16, 1976
Amended by School Board: August 21, 1979
Amended by School Board: October 18, 1983
Amended by School Board: June 18, 1985
Amended by School Board: May 17, 1988
Amended by School Board: November 15, 1988
Amended by School Board: August 21, 1990
Amended by School Board: July 16, 1991
Amended by School Board: July 13, 1993 (Effective August 14, 1993)
Amended by School Board: March 19, 2002
Amended by School Board: February 4, 2003