                                 CODE OF VIRGINIA

GRIEVANCE PROCEDURE (§ 22.1-308)

A. The Board of Education shall prescribe a grievance procedure which shall
include the following:

   1. Except in the case of dismissal or placing on probation, a first step which
   shall provide for an informal, initial processing of a grievance by the most
   immediate appropriate supervisor through a discussion;

   2. A requirement that all stages of the grievance beyond the first step be in
   writing on forms prescribed by the Board of Education and supplied by the
   school board;

   3. A requirement that in reducing the grievance to writing, the teacher shall
   specify the specific relief sought through the use of the procedure;

   4. The right of the grievant and the respondent to present appropriate
   witnesses and be represented by legal counsel and another representative;

   5. Reasonable time limitations, prescribed by the Board, for the grievant to
   submit an initial complaint and to appeal each decision through the steps of
   the grievance procedure which shall correspond generally or be equivalent to
   the time prescribed for response at each step;

   6. Termination of the right of the grievant to further appeal upon failure of
   the grievant to comply with all substantial procedural requirements of the
   grievance procedure without just cause;

   7. The right of the grievant, at his option, upon failure of the respondent to
   comply with all substantial procedural requirements without just cause, to
   advancement to the next step or, in the final step, to a decision in his
   favor;

   8. A final step which shall provide for a final decision on the grievance by
   the school board;

   9. The provisions of &#xA7;&#xA7; 22.1-309 through 22.1-313.

B. Representatives referred to in subsection A 4 of this section may examine,
cross-examine, question and present evidence on behalf of a grievant or
respondent in the grievance procedure without being in violation of the
provisions of &#xA7; 54.1-3904.

C. Nothing in the procedure shall be construed to restrict any teacher&#8217;s
right to seek or a school division administration&#8217;s right to provide
customary review of complaints that are not included within the definition of a
grievance.

HISTORY: Code 1950, § 22-217.5:2; 1979, c. 298; 1980, c. 559; 1992, c. 679.