Common use of Level Three Clause in Contracts

Level Three. If the grievant is not satisfied with the disposition of his grievance at Level Two, or if no hearing is conducted as requested by the grievant or if no decision is timely made to the Superintendent, then and in such event, the aggrieved person may request in writing a hearing before the Board of Education for the purpose of final disposition of the grievance under this procedure. The grievant shall make written request for hearing before the Board of Education by executing Grievance Form # 5, a copy of which is attached hereto and made a part hereof. If the grievant does not appeal the prior disposition of his grievance to the Board of Education within ten (10) school days after the date of the decision of same at Level Two, or within ten (10) school days after which time of the decision of same should have been made in the event timely decision of same was not made, then an in such event, the grievant shall waive any further review of his grievance under this procedure. If the grievant made a timely and proper request for a hearing before the Board of Education, the Board of Education shall conduct, in executive session, a hearing with the grievant, and said hearing shall be held with fifteen (15) school days after the receipt by the Board of Education of the request for hearing. At the hearing the Board of Education shall consider any statements, the grievant may desire to make as well as copies of all grievance forms previously submitted with respect to this particular grievance being considered. The Board, at such a grievance hearing, may consider such other additional evidence from the professional, and from representatives of the Board, as in the opinion of the Board, is relevant and necessary in order for the Board to make a fair and just decision on the grievance. Within ten (10) school days after the conclusion of the hearing, the Board of Education shall render a written decision concerning the grievance by executing Grievance Form No 6, a copy of which is attached hereto and made a part hereof. A copy of this decision shall be delivered, in person or by mail, to the grievant within forty-eight hours after the board has rendered said decision. The decision rendered by the Board of Education shall be the final administrative disposition of the grievance under this procedure. The grievant has all appeal rights to the Kansas Courts as provided by law.

Level Three. If the grievant aggrieved person is not satisfied with the disposition of his his/her grievance at Level Two, or if no hearing is conducted as requested by the grievant or if no decision is timely made to the Superintendent, then and in such event, the aggrieved person may request in writing a hearing before the Board of Education for the purpose of final disposition of the grievance under this procedure. The grievant shall make written request for hearing before the Board of Education by executing Grievance Form # 5, a copy of which is attached hereto and made a part hereof. If the grievant does not appeal the prior disposition of his grievance to the Board of Education has been rendered within ten (10) school days after the date of grievance was delivered to the decision of same at Level TwoSuperintendent or his designee, or the aggrieved may, within ten five (105) school days after which time of a decision by the decision of same should have been made in the event timely decision of same was not madeSuperintendent or his designee, then an in such event, the grievant shall waive any further review of his grievance under this procedure. If the grievant made a timely and proper request for a hearing before the Board of Education, the Board of Education shall conduct, in executive session, a hearing with the grievant, and said hearing shall be held with or fifteen (15) school days after the receipt by grievance was delivered to the Superintendent or his designee, whichever is less, submit in writing to the Board President a request for a hearing before the Board. At the option of Education the Board, such hearing shall be held before the full Board or a designated committee of the Board. Such hearing shall be held within twenty-five (25) school days of the request for a hearing. At The aggrieved may submit written materials to the Board or the designated committee of the Board in support of his/her position at the time of his/her request for a hearing. Any such written materials shall be served on all parties in interest by the aggrieved person. In the event that the hearing is held before the entire Board, the Board shall make a determination and notify the aggrieved person in writing within ten (10) school days of Education shall consider any statements, the grievant may desire to make as well as copies conclusion of all grievance forms previously submitted with respect to this particular grievance being consideredthe hearing. The Board, at such In the event that the hearing is conducted before a grievance hearing, may consider such other additional evidence from the professional, and from representatives committee of the Board, as in such committee may, at the opinion option of the Board, render a final determination. In the event that the right of final determination is relevant vested in the committee of the Board, it shall make such determination and necessary notify the aggrieved person in order for the Board to make a fair and just decision on the grievance. Within writing within ten (10) school days after the conclusion of the hearing. In the event that the hearing is conducted before a committee of the Board, the Board may, at its option, reserve the right of Education final determination of the full Board. In such event, the Committee of the Board shall render make a written decision concerning the grievance by executing Grievance Form No 6, a copy of which is attached hereto report and made a part hereof. A copy of this decision shall be delivered, in person or by mail, recommendation to the grievant entire Board and the entire Board shall thereafter make a final determination and notify the aggrieved person within forty-eight hours ten (10) school days after the board has rendered said decision. The decision rendered by the Board of Education shall be the final administrative disposition conclusion of the grievance under this procedure. The grievant has all appeal rights to the Kansas Courts as provided by lawhearing.

Level Three. 10.5.3.1 If the grievant is not satisfied with the disposition of his their grievance at Level Two, or if no hearing is conducted as requested by the grievant or if no decision is timely made to the Superintendent, then and in such event, the aggrieved person may request in writing a hearing before the Board of Education for the purpose of final disposition of the grievance under this procedure. The grievant shall make written request for hearing before the Board of Education by executing Grievance Form # 5, a copy of which is attached hereto and made a part hereof. If the grievant does not appeal the prior disposition of his grievance to the Board of Education has been rendered within ten (10) school days after they first met with the date of the decision of same at Level TwoSuperintendent, or they may (within ten (10) five school days after which time of a decision by the decision of same should have been made in the event timely decision of same was not madeSuperintendent, then an in such event, the grievant shall waive any further review of his grievance under this procedure. If the grievant made a timely and proper request for a hearing before the Board of Education, the Board of Education shall conduct, in executive session, a hearing with the grievant, and said hearing shall be held with or fifteen (15) school days after they first met with the Superintendent, whichever is sooner) request in writing to the Association that the Association submit their grievance to arbitration. If the Association determines that the grievance involves the interpretation, meaning or application of any of the provisions of this Agreement, it may, by written notice to the Superintendent within fifteen (15) school days after receipt by the Board of Education of the request for hearingfrom the grievant, submit the grievance to arbitration. At The district may challenge such determination and, in the hearing the Board of Education shall consider any statementsevent it does, the grievant may desire arbitrator shall resolve this issue. If any question arises as to make as well as copies of all grievance forms previously submitted with respect the arbitrability, such question will first be ruled upon by the arbitrator selected to this particular grievance being considered. The Board, at such a grievance hearing, may consider such other additional evidence from hear the professional, and from representatives of the Board, as in the opinion of the Board, is relevant and necessary in order for the Board to make a fair and just decision on the grievance. dispute. 10.5.3.2 Within ten (10) school days after such written notice of submission to arbitration, the conclusion of Superintendent and the hearingAssociation will attempt to agree upon a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such commitment, the Board and Association will jointly request the American Arbitration Association for a list of Education arbitrators within this ten (10) day period. The parties will follow the rules and procedures of the American Arbitration Association. 10.5.3.3 Neither party shall render a written be permitted to assert in the arbitration proceedings any evidence which was not submitted to the other party before the completion of Level Two meetings. 10.5.3.4 The arbitrator selected will confer with the representatives of the Superintendent and the Association, and hold hearings promptly and shall issue their decision concerning not later than twenty (20) days from the grievance by executing Grievance Form No 6date of the close of the hearings, a copy of which is attached hereto or, if oral hearings have been waived, then from the date the final statements and made a part hereofproofs are submitted to them. A copy of this The arbitrator's decision shall be deliveredin writing and shall set forth their findings of fact, reasonings and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is in person or by mail, to violation of the grievant within forty-eight hours after the board has rendered said decisionterms of this Agreement. The decision rendered of the arbitrator shall be submitted to the Board and the Association. Within five (5) days after receiving the report of the arbitrator, representatives of the Board and the Association shall meet to discuss the report before a public release is made. The Board and the Association shall take official action on the report at their next regularly scheduled meetings. 10.5.3.5 The costs for the services of the arbitrator, including per diem expenses, if any, plus actual and necessary travel and subsistence expenses, and facility expenses shall be shared equally by the Board of Education shall be parties, unless the final administrative disposition of arbitrator determines either party's position is frivolous or lacks any substantial justification, in which case the grievance under this procedure. The grievant has arbitrator may charge all appeal rights to the Kansas Courts as provided by lawcosts and expenses against that party.

Level Three. a. If the grievant is aggrieved person and the Association are not satisfied with the disposition of his the grievance at Level Two, or if no hearing is conducted as requested by the grievant or if no decision is timely made to the Superintendent, then and in such event, the aggrieved person Association may request in writing a hearing before the Board of Education for the purpose of final disposition of submit the grievance under this procedure. The grievant shall make written request for hearing before the Board of Education by executing Grievance Form # 5, a copy of which is attached hereto and made a part hereof. If the grievant does not appeal the prior disposition of his grievance to the Board of Education arbitration within ten twenty-five (1025) school days after the date receipt of the decision of same at Level Two, or within ten (10) school days after which time of the decision of same should have been made in the event timely decision of same was not made, then an in such event, the grievant shall waive any further review of his grievance under this procedure. If the grievant made a timely and proper request for a hearing before the Board of Education, the Board of Education shall conduct, in executive session, a hearing with the grievant, and said hearing shall be held with fifteen (15) school days after the receipt by the Board of Education of the request for hearing. At the hearing the Board of Education shall consider any statements, the grievant may desire to make as well as copies of all grievance forms previously submitted with respect to this particular grievance being considered. The Board, at such a grievance hearing, may consider such other additional evidence from the professional, and from representatives of the Board, as in the opinion of the Board, is relevant and necessary in order for the Board to make a fair and just decision on the grievance. . b. Within ten (10) school days after the conclusion such written notice of the hearingsubmission to arbitration, the Board of Education and the Association shall render attempt to agree upon a written decision concerning mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the grievance by executing Grievance Form No 6parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a copy request for a list of which is attached hereto arbitrators may be made to the American Arbitration Association or the New Jersey Public Employment Relations Commission by either party. The parties shall then be bound by the rules and made a part hereofprocedures of the American Arbitration Association or the New Jersey Public Employment Relations Commission in the selection of an arbitrator. c. The arbitrator so selected shall hold hearings promptly and shall issue his/her decision not later than thirty (30) school days from the date of the close of the hearings, or if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him/her. A copy of this The arbitrator's decision shall be deliveredin writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to render a decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. He/she shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement. The award in person or writing by mail, the arbitrator on the merits of any grievance adjudicated within his/her jurisdiction and authority shall be final and binding on the parties. d. The arbitrator shall limit himself/herself to the grievant within forty-eight hours after interpretation and application of the board has rendered said decision. terms of this Agreement and to the issues submitted to him/her and shall consider no other(s). e. The decision rendered arbitrator shall be without power or authority to fashion a punitive damages award. f. All fees of the arbitrator, including necessary travel expenses, will be borne equally by the Board of Education shall parties. Counsel fees, fees for transcripts and payment to witnesses will be paid by the final administrative disposition of the grievance under this procedure. The grievant has all appeal rights to the Kansas Courts as provided by lawparty incurring same.

Level Three. a. If the grievant grievance is not resolved at the Level Two meeting, the grievant(s) is/are not satisfied with the disposition of his grievance at Level TwoTwo written decision, or if no hearing is conducted as requested by the grievant or if no time allowed for the Level Two decision is timely made expires without a decision being rendered, the grievant(s) may appeal to the Superintendent, then and in such event, the aggrieved person may request in writing a hearing before the Board Superintendent of Education for the purpose of final disposition of the grievance under this procedureSchools. The grievant shall make written request for hearing before the Board of Education by executing Grievance Form # 5, a copy of which is attached hereto and made a part hereof. If the grievant does not This appeal the prior disposition of his grievance to the Board of Education must be filed within ten (10) school days after the date of receipt of the decision of same at under Level Two. This appeal shall be in writing and shall state the reason(s) for the appeal. b. Within ten (10) school days of the receipt of the appeal, or the Superintendent of Schools and/or his/her designee shall schedule and hold a hearing with the staff member(s) and/or Association representatives in an attempt to resolve the grievance. c. If the grievance is resolved, the resolution shall be stated in writing and signed by the staff member(s) and the Superintendent of Schools. If no resolution is reached, the Superintendent shall issue his written decision on the grievance within ten (10) school days after which time of the decision hearing. d. If the Association feels that the professional staff as a whole is aggrieved in any matter, it may present the matter directly to the Superintendent of same should have been made in Schools. A group grievance by the Association must be presented to the Superintendent of Schools within thirty (30) days of the event timely decision of same was not made, then an in such eventwhich caused the Association to feel aggrieved. In unusual circumstances, the grievant 30-day limitation may be waived, and the waiver shall waive any further review of his grievance under this procedurenot be unreasonably withheld. If the grievant made a timely and proper request for a hearing before the Board of EducationWithin twenty (20) school days, the Board of Education shall conduct, in executive session, Superintendent will respond to the grievance by issuing a hearing with written decision to the grievant, and said hearing shall be held with fifteen Association. Failure on the Superintendent's part to respond within twenty (1520) school days will automatically move the grievance to Level Four. e. If a mutual agreement has not occurred after the receipt by the Board of Education of the request for hearing. At the hearing the Board of Education shall consider any statementsthis meeting, the grievant staff member(s) may desire to make as well as copies of all grievance forms previously submitted with respect to this particular grievance being considered. The Board, at such a grievance hearing, may consider such other additional evidence from the professional, and from representatives of the Board, as in the opinion of the Board, is relevant and necessary in order for the Board to make a fair and just decision on the grievance. Within ten (10) school days after the conclusion of the hearing, the Board of Education shall render a written decision concerning move the grievance by executing Grievance Form No 6, a copy of which is attached hereto and made a part hereof. A copy of this decision shall be delivered, in person or by mail, to the grievant within forty-eight hours after the board has rendered said decision. The decision rendered by the Board of Education shall be the final administrative disposition of the grievance under this procedure. The grievant has all appeal rights to the Kansas Courts as provided by lawLevel Four.

Level Three. If the grievant The Administrator whose immediate supervisor is not satisfied the Superintendent of Schools shall, no later than five (5) working days after receipt of the immediate supervisor’s decision (if same is not satisfactory) appeal the same to the Superintendent of Schools. The appeal to the Superintendent must be made in writing with a copy to the immediate supervisor setting forth the matter submitted to the immediate supervisor as specified above and the reasons for his/her dissatisfaction with the disposition of his grievance at Level Two, or if no hearing is conducted as requested by the grievant or if no decision is timely made to the Superintendent, then and in such event, the aggrieved person may request in writing a hearing before the Board of Education for the purpose of final disposition of the grievance under this procedurepreviously rendered. The grievant Superintendent shall make written request for hearing before the Board of Education by executing Grievance Form # 5, attempt to resolve that matter as quickly as possible within a copy of which is attached hereto and made a part hereof. If the grievant does period not appeal the prior disposition of his grievance to the Board of Education within exceed ten (10) school working days. The Superintendent shall communicate his/her decision in writing to the Administrator and immediate supervisor. If the grievance is not resolved to the Administrator’s satisfaction, he/she may no later than five (5) working days after receipt of the Superintendent’s decision whether under Level Two or Level Three, request a review and hearing by the Board. The request shall be submitted in writing with complete documentation to the Board, care of the Board Secretary, with a copy to the Superintendent. The Board may consider the appeal on the written record submitted to it, or the Board may, on its own election, conduct a hearing: and it may request the submission of additional written material. Where additional written materials are requested by the Board, copies thereof shall be served upon the adverse parties who shall have the right to reply thereto. If the Board elects to conduct a hearing, it shall be held within twenty-one (21) calendar days of the receipt of the grievance appeal by the Board or from the date of receipt of the requested additional materials, whichever is later. The Board shall make a determination within twenty (20) working days from the receipt of the grievance appeal, or from the receipt of the requested additional materials, or from the date of the decision of same at Level Twohearing, or within ten (10) school days after which time of the decision of same should have been made in the event timely decision of same was not made, then an in such event, the grievant shall waive any further review of his grievance under this procedure. If the grievant made a timely and proper request for a hearing before the Board of Education, the Board of Education shall conduct, in executive session, a hearing with the grievantwhichever is later, and said hearing shall be held with fifteen (15) school days after in writing notify all interested parties through the receipt by the Board Superintendent of Education Schools of the request for hearing. At the hearing the Board of Education shall consider any statements, the grievant may desire to make as well as copies of all grievance forms previously submitted with respect to this particular grievance being considered. The Board, at such a grievance hearing, may consider such other additional evidence from the professional, and from representatives of the Board, as in the opinion of the Board, is relevant and necessary in order for the Board to make a fair and just decision on the grievance. Within ten (10) school days after the conclusion of the hearing, the Board of Education shall render a written decision concerning the grievance by executing Grievance Form No 6, a copy of which is attached hereto and made a part hereof. A copy of this decision shall be delivered, in person or by mail, to the grievant within forty-eight hours after the board has rendered said decision. The decision rendered by the Board of Education shall be the final administrative disposition of the grievance under this procedure. The grievant has all appeal rights to the Kansas Courts as provided by lawits determination.

Level Three. a. If the grievant is not satisfied with the disposition of his his/her grievance at Level Two, or if no hearing is conducted as requested by the grievant or if no decision is timely made to the Superintendent, then and in such event, the aggrieved person may request in writing a hearing before the Board of Education for the purpose of final disposition of the grievance under this procedure. The grievant shall make written request for hearing before the Board of Education by executing Grievance Form # 5, a copy of which is attached hereto and made a part hereof. If the grievant does not appeal the prior disposition of his grievance to the Board of Education has been rendered within ten (10) school days after the date of the decision of same at Level Two, or within ten (10meeting(s) school days after which time of the decision of same should have been made in the event timely decision of same was not made, then an in such event, the grievant shall waive any further review of his grievance under this procedure. If the grievant made a timely and proper request for a hearing before the Board of Education, the Board of Education shall conduct, in executive session, a hearing with the grievant, and said hearing shall be held with fifteen (15) school days after the receipt by the Board of Education of the request for hearing. At the hearing the Board of Education shall consider any statementsSuperintendent, the grievant may desire submit a request in writing to make as well as copies of all the Association's Grievance Committee that the Association submit his/her grievance forms previously submitted with respect to this particular grievance being consideredarbitration. The Board, at such a grievance hearing, may consider such other additional evidence from the professional, and from representatives Association's Executive Board shall be notified of the Boardimpasse and impending arbitration by the Grievance Committee. The Association may, as in the opinion by written notice of the Boardrequest by the grievant, is relevant and necessary in order for submit the Board grievance to make a fair and just decision on advisory arbitration within twenty (20) days after the grievance. meeting(s) with the Superintendent. b. Within ten (10) school days after such written notice of submission to arbitration, the conclusion Superintendent and the Association's Executive Board will attempt to agree upon a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve. If the parties are unable to agree upon an arbitrator, or to obtain such a commitment within the ten-day period, a request for a list of arbitrators may be made to the American Arbitration Association by either party. The parties will be bound by the rules and procedures of the hearingAmerican Arbitration Association. c. Neither party shall be permitted to assert in the arbitration proceedings any evidence which was not submitted to the other party before the completion of Level Two meeting(s). d. The arbitrator selected will confer with the representatives of the Superintendent and the Association's Grievance Committee and hold hearings promptly and will issue his decision not later than thirty (30) days from the date of the close of hearings, or, if oral hearings have been waived, from the Board date the final statement proofs are submitted to him. The arbitrator's decision will be in writing and will set forth his findings of Education shall render a written fact, reasoning, and conclusions of the issues submitted. The arbitrator will be without power or authority to make any decision concerning which requires the grievance commission of an act prohibited by executing Grievance Form No 6law, a copy of or which is attached hereto and made a part hereof. A copy in violation of the terms of this decision shall be deliveredMaster Agreement, in person or by mailof an existing Board rule, to the grievant within forty-eight hours after the board has rendered said decisionpolicy, or practice. The decision rendered of the arbitrator will be submitted to the Board and the Association. The arbitrator's report shall be advisory only and shall not be binding on the Board or the Association. e. The Board and the Association, through their representatives, may mutually agree to waive the advisory arbitration proceedings provided herein and proceed directly to a hearing before the Board, no later than the next regular Board meeting, provided the Board has received the Level Two decision at least five (5) days prior to that meeting. In any case, no more than one regular Board meeting shall intervene. The Board may hear the case at a special meeting, provided it falls within the above time limitations. f. The cost of services of the arbitrator, including per diem expenses and the cost of any hearing room, will be borne equally by the Board of Education shall School District and the Association. All other costs will be borne by the final administrative disposition of the grievance under this procedure. The grievant has all appeal rights to the Kansas Courts as provided by lawparty incurring them.

Level Three. If the grievant is not satisfied with the disposition of his grievance at Level Two, or if no hearing is conducted as requested by the grievant or if no decision is timely made to the Superintendent, then and in such event, the aggrieved person may request in writing a hearing before the Board of Education for the purpose of final satisfactory disposition of the grievance under this procedure. The grievant shall make written request is not made as a result of the meeting provided for hearing before the Board of Education by executing Grievance Form # 5in Level Two above, a copy of which is attached hereto and made a part hereof. If the grievant does not or Association may appeal the prior disposition of his grievance to the Board of Education within ten fifteen (1015) school days after from the date of the decision of same at Level Two, or within ten (10) school days after which time receipt of the decision of same should have been made in from the event timely decision of same was not made, then an in such event, the grievant shall waive any further review of his grievance under this procedure. If the grievant made a timely and proper request for a hearing before the Board of Education, the Board of Education shall conduct, in executive session, a hearing with the grievant, and said hearing shall be held with fifteen (15) school days after the receipt by the Board of Education of the request for hearing. At the hearing the Board of Education shall consider any statements, the grievant may desire to make as well as copies of all grievance forms previously submitted with respect to this particular grievance being consideredSuperintendent or designated representative. The Board, at such a grievance hearingits sole option, may consider such other additional evidence from the professional, and from representatives of the Board, as in the opinion of the Board, is relevant and necessary in order for the Board decide whether or not to make a fair and just decision on hear the grievance. Within ten (10) school days after However, if the conclusion Board decides not to hear the grievance, the Association will be given reasons for their decision and the Association may advance the grievance to Level Four. The Board will hear the grievance at the next regularly scheduled Board meeting following receipt of the hearinggrievance, if it decides to hear such grievance. All hearings with the Board will be closed and shall include the full Board or a committee thereof as the Board shall designate and/or the grievant and DESA. The Superintendent or designated representative will present the administration's rationale at such hearings. In addition, the Association shall present their arguments at such hearing. The Board of Education shall render a written decision concerning and reasons therefore, in writing, to the grievance by executing Grievance Form No 6, a copy of which is attached hereto grievant and made a part hereofthe Association within fifteen (15) days after the hearing. A copy of this all documents and related materials shall be provided to the grievant and Association along with the decision. If the grievance is not resolved at Level Three, the Association shall have the right to advance the grievance to binding arbitration under the Voluntary Labor Arbitration rules of the American Arbitration Association within fifteen (15) days following the decision by the Board in Level Three. The arbitrator shall consider and decide only the specific issues submitted in writing and shall have no authority to make any decision or recommendations on any issues not submitted. The arbitrator shall be without power to interpret in any way the applicable laws, rules, and regulations having the force and effected laws. The arbitrator’s decision shall be deliveredbased solely upon the interpretation of this agreement, in person policy or by mail, provision as applied to the grievant within forty-eight hours after facts of the board has rendered said decisiongrievance presented. The decision rendered by cost of the arbitrator and the cost of the American Arbitration Association and incidental expenses mutually agreed to shall be equally divided between the Board of Education and the Association. Both parties shall submit all documents or other evidence which may be tendered at the final administrative disposition of the grievance under this procedure. The grievant has all appeal rights hearing and related materials to the Kansas Courts as provided by lawother party no later than fifteen (15) days prior to the Arbitration hearing, including a list of all witnesses. Failure to tender same shall preclude such admission at any hearing.

Level Three. If the grievant is not satisfied with the disposition suggestion for the resolution of his the grievance received in Level Two, he may, within five (5) days after receipt of the written response of the Superintendent, proceed as follows: (a) When the grievance as defined in Paragraph C. above is not resolved at Level Two, or if no hearing is conducted as requested by the grievant or if no decision is timely made to may, with the Superintendent, then and in such event, the aggrieved person may request in writing a hearing before the Board of Education for the purpose of final disposition consent of the grievance under this procedure. The grievant shall make Association, submit a written request for hearing before the Board of Education by executing Grievance Form # 5, a copy of which is attached hereto and made a part hereof. If the grievant does not appeal the prior disposition of his grievance to the Board of Education within ten (10) school days after and to the date Association that the grievance be submitted to arbitration. The arbitrator shall have only the authority to decide a matter involving a grievance as defined in Paragraph C. hereof. The arbitrator shall not have jurisdiction or authority to add to, subtract from, or alter in any way the provisions of any agreement negotiated between the Board and the Association, and shall be specifically prohibited from making any decision which is inconsistent with the terms of the decision of same at Level Two, or within ten (10) school days after which time of the decision of same should have been made in the event timely decision of same was not made, then an in such event, the grievant shall waive any further review of his grievance under this procedure. If the grievant made a timely Negotiated Agreement between North Canton Education Association and proper request for a hearing before the Board of Education, the Board of Education shall conductof North Canton City School District. The arbitrator, in executive sessionreaching a decision, must find that the grievance expressly arises out of a hearing with specific provision of the grievant, Negotiated Agreement between North Canton Education Association and said Board of Education of North Canton City School District. The arbitration hearing shall be held within sixty (60) days of the Association’s notification that it is moving the grievance to arbitration. If a question of arbitrability exists, the arbitrator must hold a hearing and rule on the issue of arbitrability prior to any hearing on the merits. (b) ▇▇▇▇▇▇ ▇▇▇▇▇ shall be the permanent arbitrator for the parties. If he is unwilling or unable to serve, the arbitrator shall be appointed by mutual consent of the parties. If the parties are unable to agree, selection shall be made from a list of seven names prepared and submitted by the American Arbitration Association in accordance with fifteen its Voluntary Rules in effect on the date hereof. (15c) school The arbitrator shall hold the necessary hearings and shall issue his decision in writing within thirty (30) days after of the receipt conclusion of such hearings. The decision of such arbitrator shall be final and binding upon both parties. Copies of the findings of fact and the recommendations shall be delivered to the grievant and the Superintendent, as provided in and pursuant to paragraph D.15 above. (d) Each party shall bear the full costs of its representation in the arbitration. The costs of the arbitrator shall be shared equally by the Board of Education of and the request for hearing. At the hearing the Board of Education shall consider any statements, the grievant may desire to make as well as copies of all grievance forms previously submitted with respect to this particular grievance being considered. The Board, at such a grievance hearing, may consider such other additional evidence from the professional, and from representatives of the Board, as in the opinion of the Board, is relevant and necessary in order for the Board to make a fair and just decision on the grievance. Within ten (10) school days after the conclusion of the hearing, the Board of Education shall render a written decision concerning the grievance by executing Grievance Form No 6, a copy of which is attached hereto and made a part hereof. A copy of this decision shall be delivered, in person or by mail, to the grievant within forty-eight hours after the board has rendered said decision. The decision rendered by the Board of Education shall be the final administrative disposition of the grievance under this procedure. The grievant has all appeal rights to the Kansas Courts as provided by lawAssociation.

Level Three. If the grievant aggrieved person is not satisfied with the disposition of his the grievance at Level Two, LEVEL TWO or if no hearing is conducted as requested by the grievant or if no decision is timely made to has not been rendered within ten (10) school \ days after the Superintendent, then and in such eventSuperintendent has heard the grievance, the aggrieved person may request in writing a hearing before grievance shall be filed with the Board of Education for the purpose of final disposition of Grievance Committee within five (5) school days after the grievance under this procedure. The grievant shall make written request for hearing before decision has been rendered at LEVEL TWO or within fifteen (15) school days after the Board of Education by executing Grievance Form # 5grievance was presented at LEVEL TWO, a copy of which whichever is attached hereto and made a part hereofsooner. If the grievant does not appeal Grievance Committee deems the prior disposition grievance meritorious, it may demand arbitration within fifteen (15) school days after receipt of his grievance the grievance. In the event of arbitration, the arbitrator shall be selected as follows: The Board and the Association shall each submit to the Board other a list of Education five (5) acceptable arbitrators within ten (10) school days after the date of demand to arbitrate has been made. From these lists a mutually acceptable arbitrator shall be selected if possible. Should the decision of same at Level Two, or Board and the Association be unable to agree within the ten (10) school days upon a mutually acceptable arbitrator, the American Arbitration Association shall be called upon to furnish a panel of five (5) arbitrators from whom the parties shall select an arbitrator. Within five (5) school days after which time receipt of the decision panel of same should have been made in arbitrators from the event timely decision of same was not made, then an in such eventAmerican Arbitration Association, the grievant parties shall waive any further review of his grievance under this proceduremeet to make such selection. If The party demanding arbitration shall first strike a name from the grievant made a timely and proper request for a hearing before the Board of Education, the Board of Education shall conduct, in executive session, a hearing with the grievantlist, and said hearing so on, until one name remains. The remaining name shall be held with the designated arbitrator. The advisory arbitrator will have authority to hold hearings and make procedural rules. He will issue a report within fifteen (15) school calendar days after the receipt date of the close of the hearings or, if oral hearings have been waived, then from the date final statements and evidence are submitted to him. All hearings held by the Board of Education advisory arbitrator shall be in closed sessions, and no news releases shall be made concerning progress of the request for hearinghearings. At the hearing The advisory arbitrator's report shall be submitted in writing to the Board and the Grievance Committee only, and shall set forth his findings of Education shall consider any statementsfact, reasonings, conclusions, and recommendations on the grievant may desire to make as well as copies of all grievance forms previously submitted with respect to this particular grievance being consideredissues submitted. The Board, at such a grievance hearing, may consider such other additional evidence from arbitrator's awards shall be consistent with Law and with terms of this Agreement. The parties agree to give good- faith consideration to the professional, and from representatives recommendations of the Boardarbitrator, as but such recommendations shall in the opinion of the Boardno way be binding on either party, is relevant and necessary in order for the Board to make a fair and just decision on the grievancebut shall be advisory only. Within ten five (105) school days after the conclusion receipt of the hearingarbitrator's report, the Board and the Grievance Committee will meet together to discuss the report before any public release is made. The Board shall take official action on the arbitrator's report at their next official Board meeting following receipt of Education shall render a written decision concerning the grievance by executing Grievance Form No 6, a copy report. Costs for the services of which is attached hereto and made a part hereof. A copy of this decision the arbitrator shall be delivered, in person or by mail, to the grievant within forty-eight hours after the board has rendered said decision. The decision rendered shared equally by the Board and the Association. Either party may arrange for an electronic taped recording or an official stenographic record of Education the testimony at the hearings. 1. Neither the Board nor any member of the administration shall take any reprisal affecting any teacher, any party in interest, any Association representative, Grievance Committee member, or any other participant in the grievance procedure by reason of such participation. 2. The Grievance Committee shall have the right to be the final administrative disposition present and to state its views at any level of the grievance under this procedure. The grievant has all appeal rights to , at the Kansas Courts as provided by lawrequest of the aggrieved person.

Level Three. Arbitration 1. The BISGITA must approve any grievance submitted for arbitration. Should the BISGITA not approve such grievance, it may not proceed to arbitration in accordance with the provisions of this Article. 2. If the grievant is not satisfied with the disposition of his the grievance at in Level Two, or if no disposition has been made within three (3) school days of the Level Two meeting, the grievant, or his/her representative, on behalf of the grievant, may refer the grievance to arbitration by filing written notice of such referral with the Superintendent not later than ten (10) school days from the date that the written disposition was given or should have been given in Level Two. The grievance shall be advanced to arbitration by the filing of the AAA Demand for Arbitration. 3. The arbitration proceedings shall be governed by the rules and regulations of the American Arbitration Association. 4. The arbitrator shall be governed by the express terms of this Memorandum of Agreement in reaching his recommendation. 5. The arbitrator shall have no power to alter, add to or detract from the provisions of the Agreement or School Board policy. 6. The cost of the arbitrator shall be shared equally by the Board and the BISGITA. 7. Within thirty (30) school days after the hearing is conducted as requested by closed, the grievant or if no arbitrator shall render a written decision is timely made to the Superintendentparties which shall set forth his findings, then reasoning and in such event, conclusions on the aggrieved person may request in writing a hearing before the Board of Education for the purpose of final disposition issues submitted. The decision of the grievance arbitrator shall be advisory on the parties for grievances filed under this procedure. The grievant definition 3.021(B) and/or 3.021(C) and shall make written request be binding on the parties for hearing before the Board of Education by executing Grievance Form # 5, a copy of which is attached hereto and made a part hereofgrievances filed under definition 3.021(A). 8. If the grievant does and his/her representative accept the arbitrator's recommendation the matter shall be deemed settled, and the recommendations of this arbitration shall be executed by all parties. 9. If the grievant or his/her representative or the Superintendent do not appeal accept the prior disposition arbitrator's decision, the rejecting party shall notify in writing the other parties within ten (10) school days of his grievance the receipt of the arbitrator's decision to the Board of Education within Education. A copy of the appeal shall be sent to the Treasurer of the Board of Education. 10. The grievance shall be heard by the Board at its next regular meeting, providing however, that said meeting occurs ten (10) school days after the date receipt by the Treasurer of the decision of same at Level Two, or written intent to appeal. If said meeting falls within ten (10) school days after which time of the decision of same should receipt to appeal, the grievance shall be heard by the Board at its next succeeding regular meeting. The Board shall meet with the grievant and his/her representative and The Superintendent or his/her designee to review the arbitrator's recommendations. Said meeting shall take place in an open public meeting unless requested by the grievant that the meeting be in executive session. Each party shall have been made the opportunity to present written and oral arguments. 11. Persons having direct interest or involvement in the event timely decision grievance shall be in attendance if requested by either party for the purpose of same was not made, then an in such event, clarifying previous testimony. Both parties shall notify the grievant shall waive any further review other party of his grievance under this procedurewitnesses to be called. 12. If After full and deliberate consideration of all the grievant made a timely and proper request for a hearing before the Board of Educationfacts, the Board of Education shall conduct, in executive session, render a hearing with the grievant, and said hearing shall be held with fifteen (15) school days after the receipt by the Board of Education of the request for hearing. At the hearing the Board of Education shall consider any statements, the grievant may desire to make as well as copies of all grievance forms previously submitted with respect to this particular grievance being considered. The Board, at such a grievance hearing, may consider such other additional evidence from the professional, and from representatives of the Board, as in the opinion of the Board, is relevant and necessary in order for the Board to make a fair and just written decision on the grievance. Within grievance to the grievant within ten (10) school days after the conclusion of the hearing, the Board of Education shall render a written decision concerning the grievance by executing Grievance Form No 6, a copy of which is attached hereto and made a part hereof. A copy of this decision shall be delivered, in person or by mail, to the grievant within forty-eight hours after the board has rendered said decision. The decision rendered by the Board of Education shall be the final administrative disposition of the grievance under this procedure. The grievant has all appeal rights to the Kansas Courts as provided by law.