FILE:  GAE

Cf:  GAEAA, JAAA, JCEA

 

NON-TITLE IX COMPLAINTS AND GRIEVANCES

 

 

Any employee of the Rapides Parish School Board, or student, shall have the right to appeal the application of policies and administrative decisions affecting him/her.  The person filing the complaint or 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.  All complaints shall be handled in a timely manner.

 

  1. Definitions:

 

  1. A grievance is a claim by a student, 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, a law or constitutionally guaranteed rights.  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., employee lack of certification, terminations, rebuttal to observation, etc.)

    Any claim by an individual that there has been a violation of rights shall be a grievance and shall be resolved through the procedures set forth herein.

    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.

    The term days shall mean working days.

  2. A complaint is a claim by a student, employee, or group thereof that considers a situation to be unsatisfactory or unacceptable.  The school board is without legal authority when it comes to personnel issues, therefore every effort should be made to resolve a complaint.

 

  1. Procedure:

 

  1. Complaints shall be processed in a timely manner.  All proceedings of a complaint shall be kept confidential.

  2. Step 1.  After discussing a complaint with the employee’s immediate supervisor, upon reaching no satisfactory resolution of the complaint, the complainant shall promptly present the complaint in writing to the immediate supervisor.  Such notice shall be presented no later than five (5) working days from the date of discussion.  The immediate supervisor shall conduct a thorough investigation and attempt to resolve the complaint within a timely manner.

 

Step 2.  In the event that the complainant is not satisfied with the resolution, the following procedures will be implemented:

 

  1. The complainant should report in writing to the appropriate director or system administrator.

  2. The director or system administrator will review the investigation conducted by the immediate supervisor and attempt to resolve the complaint.

  3. After the review of the investigation, the appropriate director or system administrator will communicate with all the parties involved.

  4. A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the Superintendent or designee and a copy forwarded to the complainant no later than (30) days after its filing at the district level.

  5. If charges are substantiated, disciplinary action may be taken in accordance with School Board policy, based upon investigative evidence gathered.

 

Grievances shall be processed as rapidly as possible.  The number of days indicated at each level is a maximum, and every effort shall be made to expedite processing the grievance.  All proceedings of a grievance shall be kept confidential.

 

Step 1.  After discussing any grievance with the employee’s immediate supervisor, upon reaching no satisfactory resolution of the grievance, the complainant shall promptly present the grievance in writing to the immediate supervisor.  Such notice shall be presented no later than five (5) working days from the date of discussion.  The written grievance submitted shall state the nature of the grievance and the harm or injury caused that initiated the grievance.  The complainant and the immediate supervisor shall attempt to resolve the grievance.  The immediate supervisor shall conduct a thorough investigation to make a proper disposition of the grievance and shall reply to the grievant within ten (10) working days following the date of submission.  If the grievance is not submitted within the time prescribed, the grievant shall be deemed not to have further right with respect to said grievance.

 

Step 2.  In the event the grievant wishes to appeal the decision at Step 1, or if no decision has been rendered in the time specified, the appeal must be presented to the Superintendent or designee in writing within five (5) working days of the receipt of the Step 1 decision.  Such appeal shall contain a statement of the grievance and specified references to the action taken causing the grievance.  Upon receipt of such a written appeal, the Superintendent or his/her designee shall schedule a hearing at a specific date and time and send proper notice of the scheduled hearing to the grievant.  The Superintendent or designee, at the date and time specified, shall conduct a full hearing on the grievance, and in doing so, maintain a transcript of the proceedings.  Following the hearing, the Superintendent or designee shall make a written recommendation for disposition of the grievance and provide a copy of the transcript to the School Board at a meeting of the School Board.

 

Step 3.  After reviewing the transcript of the grievance hearing and the recommendation of the Superintendent or designee, the School Board then shall dispose of the grievance.

 

The grievant(s) shall be afforded a maximum of thirty (30) minutes to present his/her complaint to the School Board.  The School Board, at its discretion, may take one or more of the following actions:

Extend the address period.
Ask the grievant(s) questions.
Resolve the grievance.
Schedule a full hearing before the board on the issue(s).

 

  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. Nothing in this grievance policy shall be applicable to any job action taken against an employee, including, but not limited to, a recommendation for termination of employment.  Any recommendation for termination shall be handled in accordance and any applicable law, such as the teachers’ tenure law, the bus operator tenure law, etc. as well as in accordance with School Board policy and procedure for termination of classified employees.

 

  1. Representation

    The person bringing forth the grievance shall have the right to present their own grievance.  Grievants have the right to have representation at all steps in the process.

    If a person chooses to have representation when presenting his/her grievance, said person shall provide advance notice of such in writing to the immediate supervisor at the respective procedural level at least two (2) days prior to the meeting on the grievance.

 

Revised:  August 4, 2020

Revised:  May 2, 2023

 

 

Ref:    La. Rev. Stat. Ann. §17:100.4

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

Board minutes, 9-15-92, 3-07-06, 8-4-20, 5-2-23

 

Rapides Parish School Board