FILE:  GAE

Cf:  JAAA, JCEA

 

NON-TITLE IX COMPLAINTS AND GRIEVANCES

 

 

Any employee of the Acadia Parish School Board shall have the right to appeal the application of policies and administrative decisions affecting him/her.  The person(s) filing the grievance shall be assured freedom from restraint, interference, coercion, discrimination, or reprisal in presenting his/her appeal with respect to a personal grievance.

 

This policy shall not apply to sexual harassment complaints made pursuant to Title IX of the Education Amendments of 1972  (Title IX) and Part 106 of Title 34 of the United States Code of Federal Regulations.  Any such Title IX complaints shall be subject to the Grievance Procedure developed and maintained by the Superintendent or his/her designee under the provisions of policy JAAA, Title IX Sexual Harassment.

 

All grievances shall be handled expeditiously, and according to the following procedures.

 

  1. Definitions:

    A grievance is a claim by an employee or group thereof that he/she has suffered harm or injury by the interpretation, application or violation of a contract, a school board policy, administrative regulation or procedure.,  The term "grievance" does not include matters for which the method of review is prescribed by law or where the School Board is without authority to act (e.g., promotion, employee lack of certification, discipline, terminations, rebuttal to observation, reduction of personnel action, etc.).

    A grievant is the person making the claim.

    A party in interest is the person making a claim (grievant) and any person or persons who might be required to take action or against whom action might be taken in order to resolve the claim.

 

  1. Procedure:

    Level 1    .  A grievance shall be initiated by the grievant within five (5) working days of the action or conduct which forms the basis of the grievance.  The grievance is initiated by an actual meeting between the grievant and his/her immediate supervisor or principal.  If the grievant is unable to meet with his/her immediate supervisor or principal within three (3) working days of the action or conduct, the grievant will nonetheless request in writing a meeting with the immediate supervisor or principal to discuss the grievance.  This written request shall be submitted on the standard grievance form.  The written grievance submitted shall state:

 

  1. The nature of the grievance;

  2. The contractual right, School Board policy, law or constitutionally guaranteed right violated; and

  3. The nature or extent of the injury, loss or inconvenience.

 

The written request shall be made within five (5) working days of the action or conduct which forms the basis of the grievance.  The meeting between the grievant and his/her immediate supervisor or principal shall occur within five (5) working days of the receipt of the request.

 

If the grievance is not initiated within the time required of the action or conduct which forms the basis of the grievance, either by actual meeting of the grievant with his/her immediate supervisor or principal or by written request for meeting, the grievant shall be deemed not to have further right with respect to said grievance.

 

Level 2.  After meeting and having informally and thoroughly discussed the grievance with the employee’s immediate supervisor or principal, and if no satisfactory resolution of the grievance is reached, the grievant shall promptly present the grievance in writing, together with all documentation from Level 1, to the Superintendent.  Such notice shall be presented no later than five (5) working days from the date of discussion.

 

The Superintendent shall receive, investigate, and consider information from all affected parties he/she feels necessary to resolve the complaint and to make a decision.  Within ten (10) working days following the date of the written submission, the principal or the immediate supervisor shall mail, return receipt requested, or make receipted delivery of his/her decision in writing to the employee, documenting the date of mailing or delivery to the employee.

 

Level 3.  In the event the grievant wishes to appeal the decision at Level 2, or if no decision has been rendered in the time specified, an appeal shall be presented to the Superintendent in writing within five (5) working days of the receipt of the Level 2 decision, or within five (5) working days of expiration of the time for disposition if no decision has been rendered at Level 2.  Such appeal shall contain a statement of the grievance and specified references to the action taken causing the grievance, along with a copy of the written Level 2 grievance.  Upon receipt of such a written appeal, the Superintendent or his/her designee shall schedule a hearing for a specific date and time within twenty (20) working days of receipt of the written appeal, and send proper notice of the scheduled hearing to the grievant.  The Superintendent or his/her designee shall conduct a full hearing on the grievance at the date and time specified, and in doing so, shall maintain a transcript of the proceedings.  Following the hearing, the Superintendent or his/her designee shall, within ten (10) working days, make a written recommendation for disposition of the grievance and provide a copy of the transcript of the hearing to the School Board at a meeting of the School Board.  A copy of this decision shall be given to the employee.

 

Level 4.  After reviewing the transcript of the grievance hearing and the written recommendation of the Superintendent or his/her designee, the School Board then shall dispose of the grievance

 

  1. Miscellaneous

 

  1. A grievance may be withdrawn at any level without prejudice or record.  Additionally, there shall be no recrimination against a person because a grievance has been filed in accordance with the provisions outlined herein.

  2. Copies of all written decisions of grievances shall be sent to all parties involved.

  3. All documents, communication, or records dealing with a grievance shall be made part of the grievant's files and shall be destroyed only in accordance with School Board policy.

  4. Appeals of grievance decisions will be limited to the specific issues raised in the original grievance.  The parties involved will not be allowed to expand the issues during the grievance procedure, except to the extent necessary to respond to administrative decisions made along the way.

  5. Failure by the grievant to meet the timelines and requirements of this procedure shall result in dismissal of his/her grievance.  Failure by the administrative person rendering the decision to meet timelines and requirements of this procedure shall allow the grievant, at his/her option, to proceed to the next level of appeal.

  6. If an employee leaves the employment of the School Board during the pendency, at any level, of a complaint or grievance, then the employee loses the right to continue the complaint process.

  7. Termination or disciplinary action against an employee may not form the basis of a complaint or grievance by that employee.

  8. All proceedings of a grievance shall be kept confidential.

 

  1. Representation

    The person bringing forth the grievance shall have the right to present their own grievance.  Grievants also have the right to have representation at Levels 2 and 3.  Representation at Level 4 is not required as the School Board will conduct an examination of the record only.  There shall be no hearing before the School Board.

    If a person chooses to have representation when presenting their grievance, said person shall provide advance notice of such in writing to the immediate supervisor at the respective procedural level at least three (3) days prior to the meeting on the grievance.

 

Revised:  August 10, 2005

Revised:  August 3, 2020

 

 

Ref:    La. Rev. Stat. Ann. §17:100.4

Pickering v. Board of Education, 88 S. Ct. 1731 (1968)

Board minutes, 6-6-94, 8-10-05, 8-3-20

 

Acadia Parish School Board