FILE:  GAMC

Cf:  GAK, GAMCA, GAMCB

Cf:  JAAA, JCEA, JDA, JGCE

 

INVESTIGATIONS

 

 

GENERAL INVESTIGATIONS

 

Concerns about serious situations or conditions within the school system should be reported to the Superintendent or his/her designee.  Should the Superintendent determine that the situation/condition warrants investigation, he/she shall have the matter investigated.  Should the investigation indicate that the situation may result in employee discipline, litigation, or criminal charges, the Superintendent shall appoint two additional investigators, which shall be outside investigators or staff members, other than the evaluator or the appropriate director, and the following stipulations shall be met:

 

  1. No School Board member shall participate in any manner in such an investigation.

  2. The Superintendent shall notify all School Board members of the impending action.

  3. The Superintendent shall have complete control of such investigations, including documents and publicity.

  4. Such inquiries shall be concluded within a reasonable amount of time and, upon conclusion, each School Board member shall be notified by the Superintendent of his/her findings and recommendations.

  5. The Superintendent shall use every means possible to protect School Board personnel from unwarranted personal criticism and employees’ identity shall not be divulged unless required by judicial proceedings.

 

At the conclusion of their investigation, a report shall be prepared for submission to the Superintendent.

 

In any investigation into incidents involving accidents or injuries to students or employees, or involving student misconduct, or the competence, honesty or performance of duties of employees, all employees of the Rapides Parish School Board shall, within one working day request by the Superintendent or his/her designee, give a statement of the facts and circumstances within the employee's knowledge, or an accounting of the employee's conduct concerning the circumstances which are the subject of the investigation.

 

If deemed appropriate by the Superintendent or his/her designee in the conduct of such investigation, employees shall, within one working day notification, appear at the offices of the Superintendent or at such other suitable location within the parish as might be appropriate and convenient in the investigation.

 

During any such employee interview, the employee may have legal representation if desired by the employee, but said representation shall be at no cost to the Rapides Parish School Board.

 

TITLE IX SEXUAL HARASSMENT INVESTIGATIONS

 

Any investigation of sexual harassment under Title IX of the Education Amendments of 1972 (Title IX) and Part 106 of Title 34 of the United States Code of Federal Regulations shall be conducted in accordance with the procedures developed and maintained by the Superintendent or his/her designee under the provisions of policy JAAA, Title IX Sexual Harassment.

 

INVESTIGATION PROCEDURES

 

Notwithstanding any statute or other School Board policy, any complaint relative to employee conduct shall be handled as follows:

 

  1. The Superintendent or his/her designee may order such investigation to be conducted in each instance as is warranted by the circumstances, and shall conduct an investigation when required by law or School Board policy.

  2. The investigation shall be conducted by the Superintendent or his/her designee.  These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to the complaint.  Staff members or students may be interviewed if it is deemed essential to the investigation.

  3. The Superintendent or his/her designee shall confer with each accused employee’s immediate supervisor concerning the results of the investigation and the immediate supervisor shall discuss the matter with the employee.

  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.

  5. If a complaint is substantiated, the Superintendent shall consider appropriate disciplinary action which may be taken in accordance with School Board policy, which may include termination.  Any disciplinary action shall be placed in the offender's personnel file which will reflect the action taken and the grounds thereof.

 

CONFIDENTIALITY

 

The School Board shall attempt to protect the privacy of the complainant and the respondent, but confidentiality is not guaranteed.  Information regarding the complaint and identities of complainants, respondents, and witnesses may be revealed as permitted or required by law, and as is necessary to conduct the investigation and enforce the consequences of the investigation.

 

Revised:  July, 2012

Revised:  August 4, 2020

 

 

Ref:    34 CFR 106 et seq. (Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance)

La. Rev. Stat. Ann. §§14:403, 17:81, 17:81.6, 17:81.8, 17:223

Board minutes, 4-11-85, 5-5-92, 11-5-12, 5-7-13, 8-4-20

 

Rapides Parish School Board