Cox v. Sioux Falls School District 49-5

I dissent. In my opinion, Department, the circuit court, and the majority have failed to give proper deference to Board’s decision.

1. Adler’s grievance was not filed in a timely manner.

I agree that Department erred in finding District had waived its defense of failure to timely file grievances, but dissent as to the majority’s conclusion that both grievances were filed in a timely manner.

The record indicates Cox filed her grievance within thirty-five days of her discovery that District gave credit for nonteaehing experience and that she had received no credit for her prior non-teaching…