Section 0520-04-01-.04 - GRIEVANCES - BASIC STANDARDS(1) An appeal must be filed with the Commissioner of Education within thirty (30) calendar days after receiving notification of the superintendent's decision on the adverse job action. Otherwise, the appeal will be considered untimely and invalid.(2) A standard appeal in the form of a signed letter from the appellant shall be submitted to the Commissioner of Education. The letter shall state, with particularity, the grounds for the appeal.(3) Appellants, if they so desire, may be assisted or represented by another employee of the same school at each step of the appeals procedure.(4) Legal counsel or other outside counsel may only represent an appellant before a hearing conducted under the provisions of the Uniform Administrative Procedures Act, which is the final step of this procedure. The appellant and the State Department of Education may have counsel present at discussions prior to the final step, but only to advise and observe and not to participate as advocate.(5) Appellants may present appeals during business hours or other mutually agreeable hours as work situations may require. An appeal heard during an appellant's, witness', assistant's, or representative's scheduled off-duty hours will be considered overtime work, provided the person is still actively employed by the state special schools. Appellant, employees who appear with the appellant, State Department of Education employees, and employees who are subpoenaed as witnesses will not be required to use leave for such periods.(6) Appeals relative to suspension without pay must first be taken to the lowest step in the appeals procedure with authority to overturn, reduce, or alter the action.(7) Appeals relative to dismissal may be taken directly to the commissioner or his designated representative for this purpose.(8) Appeals concerning alleged discrimination, prohibited by T.C.A. § 4-21-401, and in connection with race, creed, color, religion, sex, national origin, age, or handicap, may be appealed informally to the superintendent. The grounds for such appeals may also be grounds for filing charges with the Tennessee Human Rights' Commission at any time. If the employee is not satisfied with the superintendent's decision, the appeal may be taken directly to the commissioner or his designated representative. If the appellant is unsatisfied with the decision of the commissioner or that of his designated representative, the appellant may appeal directly to the Tennessee Human Rights Commission which is empowered by T.C.A. § 4-21-202 to investigate such matters.(9) Appeals decisions, with specific reasons for the decision, must be communicated in writing directly to the appellant in a timely manner as outlined below. Certified mail, return receipt requested, is mandatory if a decision is mailed.(10) Appeals must be expressed in reasonable terms. Each appeal submitted should contain: (a) the basis for appeal; (b) the settlement or corrective action desired by the appellant; and, (c) sufficient supporting information to begin an investigation.(11) Appeals of Career Ladder evaluations must be pursued according to the provisions set out in T.C.A. § 49-5-5009. No Career Ladder appeal may be pursued under the provisions of these rules.Tenn. Comp. R. & Regs. 0520-04-01-.04
Original rule certified June 10, 1974. Amendment filed August 20, 1984; effective November 13, 1984. Amendment filed November 22, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective December 15, 1989. Repeal and new rule filed July 24, 2009; effective December 29, 2009. Repeal and new rule filed July 24, 2009; effective December 29, 2009.Authority: T.C.A. §§ 49-1423 through 1425, 49-5-515, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.