FILE:  GAE

Cf:  JAAA, JCEA

 

NON-TITLE IX COMPLAINTS AND GRIEVANCES

 

 

Any employee of the Natchitoches Parish School Board shall have the right to appeal the application of policies and administrative decisions affecting him/her.  The employee 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 procedures adopted by the School Board, as follow:

 

  1. Definitions:

    A grievance is a claim by an employee or group of employees as a result of an alleged violation or misapplication of a contract, School Board policy, administrative regulation or procedures, or state or federal law, or an employee’s perception of a wrong against him/her as a result of management’s or another employee’s decisions or behaviors.  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.)

    Employees covered by this procedure shall mean permanent employees of the School Board.

    Immediate supervisor is that employee possessing administrative authority to direct the activities of the grievant.

    A grievant is the person making the claim.

    The term days shall mean working days.

 

  1. Procedure:

    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.

    Step 1.

    After informally and thoroughly discussing any grievance with their immediate supervisor, upon reaching no satisfactory resolution of the grievance, an employee 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 with the immediate supervisor.  The written grievance submitted shall state the nature of the grievance and the harm or injury caused that initiated the grievance.  The employee and the immediate supervisor shall attempt to resolve the grievance.  The immediate supervisor shall make a proper disposition of the grievance and shall reply to the employee within five (5) working days following the date of submission.  If the grievance is not submitted within the time prescribed, the employee shall be deemed not to have further right with respect to said grievance.

    Step 2.

    In the event the employee wishes to appeal the decision in Step 1 or if no decision has been rendered in the time specified, the appeal must be presented in writing to the next administrative officer of higher rank than the grievant's immediate supervisor.  Such appeal shall be presented within five (5) working days of the Step 1 decision.  Such appeal shall contain a statement of the grievance and specific references to the action taken causing the grievance.  The administrative officer shall schedule a meeting with the employee as promptly as is reasonably possible to attempt to resolve the grievance.  Notice of the conference shall be given to all parties involved in an alleged grievance.  The administrative officer shall issue a written decision to the grievant within five (5) working days after the conference.  Unless the grievance shall be so appealed, it shall be deemed to have been settled and the grievant shall have no further right with respect to said grievance.

    Step 3.

    In the event the grievant wishes to appeal the decision at Step 2, the appeal must be presented to the Superintendent in writing within five (5) working days of the receipt of the Step 2 decision.  A copy of the Step 3 appeal, together with Step 1 and Step 2 decisions shall be submitted to the Superintendent.  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 4.

    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.

 

  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 employee 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 the 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.

 

  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 Steps 2 and 3.

    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 two (2) days prior to the meeting on the grievance.

 

Revised:  July, 2020

 

 

Ref:    La. Rev. Stat. Ann. §17:100.4

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

 

Natchitoches Parish School Board