FILE:  GAE

Cf:  JAAA

 

COMPLAINTS AND GRIEVANCES

 

 

Any employee(s) of the Lafayette Parish School Board shall have the right to appeal the application of a policy and/or procedure affecting him/her.  Complaints or grievances about any job action or discipline taken against an employee are excluded from this policy.  Person(s) filing a grievance shall be assured freedom from restraint, interference, coercion, discrimination, or reprisal in presenting his/her appeal with respect to a personal grievance.  The primary purpose of this procedure is to secure, at the most immediate level possible, an equitable solution to the claim of the aggrieved employee(s).

 

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.

 

DEFINITIONS

 

  1. Employee(s) shall mean permanent employees of the Lafayette Parish School Board, whether full or part-time.

  2. Grievance shall mean a written claim by an employee or group thereof that he/she has suffered harm or injury by the interpretation, application, or violation of a School Board policy(ies), or the rules, procedures, and/or regulations implementing those policies.  Grievance shall not include matters for which a method of review is prescribed by law or the School Board is without authority to act (e.g., employee disciplinary action, including termination; employee lack of certification; employee evaluation; reduction in force; etc.).

  3. Grievant shall mean the person making a claim.

  4. Immediate supervisor shall mean that employee possessing supervisory and/or administrative authority to direct the activities of and next in rank above the grievant.

  5. Job action shall include but is not limited to reorganization, change in job duties, demotion, job elimination, employee evaluation, and/or reduction in force.

  6. Transcript shall mean a written, printed, or typed copy of recorded speech.

  7. Working Day shall mean any day the Central Administrative Office of the School Board at 113 Chaplin Drive, Lafayette, Louisiana is open for business.

 

PROCEDURES

 

Informal Complaints

 

Every effort should be made to resolve a complaint before initiating a grievance.  The supervisor and employee may meet to discuss the complaint. If a complaint cannot be resolved to the satisfaction of the complainant, then a written grievance, meeting the definition cited herein, may be filed.  Any such grievance must be initiated within the deadline set forth below.

 

Grievances

 

Grievances shall be written and shall follow the procedures set forth below.  A grievance must be initiated by the grievant within fifteen (15) working days of the alleged action, conduct, or incident which forms the basis of the grievance.   Failure to timely initiate the grievance as required shall result in waiver of the right to the grievance procedure.

 

Level One

 

An employee shall file a written grievance with his/her immediate supervisor.  The written grievance shall contain:  (1) the specific nature of the grievance, (2) the specific Board policy or the rule, procedure, and/or regulation violated, and (3) the nature or extent of the harm or injury suffered.  The employee should also submit any supporting documentation that he/she wishes to be considered.

 

The immediate supervisor shall receive, investigate, and consider information from all affected parties he/she believes may be necessary to resolve the grievance.  Within ten (10) working days of receipt of the written grievance, the immediate supervisor shall render a written decision to the grievant.  The immediate supervisor’s written decision should also include the name and title/position of the person to whom an appeal/Level Two grievance may be submitted.

 

Level Two

 

In the event grievant wishes to appeal the decision rendered in Level One, or if no decision has been rendered in Level One within the time specified above, grievant must present appeal in writing, to the Human Resources Specialist in the Employee Services Department.  Any such appeal/Level Two grievance shall be submitted within ten (10) working days of grievant’s receipt of the Level One written decision, or within ten (10) working days of the deadline for rendering such decision if no decision has been rendered at Level One. Unless the employee timely appeals, the grievance shall be deemed resolved or dismissed and the employee shall have no further rights with respect to said grievance.

 

Grievant’s appeal/Level Two grievance shall also include:  (1) all information and documents which were submitted at Level One, (2) the results of previous meeting(s) to resolve the complaint/grievance, (3) the written decision rendered by the immediate supervisor at Level One, and (4) grievant’s dissatisfaction with decision(s) previously rendered, including the written decision rendered by the immediate supervisor at Level One.

 

Level Two grievances will be handled by either the Human Resources Specialist or the Coordinator of Employee Services in the Employee Services Department.  The handling administrator shall schedule a conference with the employee as promptly as is reasonably possible to attempt to resolve the grievance.  Within ten (10) working days after the conference, the handling administrator shall render a written decision to the grievant.  The administrator’s written decision should also include the name and title/position of the person to whom an appeal/Level Three grievance may be submitted.

 

Level Three

 

In the event grievant wishes to appeal the decision rendered in Level Two, or if no decision has been rendered in Level Two within the time specified above, grievant must present appeal in writing, to the Superintendent.  Any such appeal/Level Three grievance must be submitted within ten (10) working days of grievant’s receipt of the Level Two written decision, or within ten (10) working days of the deadline for rendering such decision if no decision has been rendered at Level Two.  Unless the employee timely appeals, the grievance shall be deemed resolved or dismissed and the employee shall have no further rights with respect to said grievance.

 

Grievant shall submit a copy of the written appeal, together with copies of the written decisions rendered in Level One and Level Two, to the Superintendent.  The written appeal shall contain, at least:  (1) a statement of the grievance; (2) specified references to the action, conduct, or incident which forms the basis of the grievance; (3) the specific School Board policy or the rule, procedure, and/or regulation violated; and (4) the nature or extent of the harm or injury suffered.

 

The Superintendent or his/her designee shall schedule a hearing for a specific date and time within fifteen (15) working days of receipt of the written appeal/ Level Three grievance and send written notice of the scheduled hearing to the grievant.  The Superintendent or his/her designee, at the date and time specified, shall conduct a full hearing on the grievance and maintain a transcript of such hearing.  At the hearing, the Superintendent or his/her designee may receive written statements of witnesses, other written materials, and/or interview witnesses, if relevant to the grievance.

 

Following the hearing, the Superintendent or his/her designee shall make a written recommendation for disposition of the grievance.  The recommendation of the Superintendent or his/her designee will be provided to the employee not more than fifteen (15) working days following the hearing.  The recommendation of the Superintendent or his/her designee, together with a copy of the transcript of the hearing, shall also be provided to the School Board at a meeting of the School Board.

 

Level Four

 

Based only on the transcript of the hearing and the written recommendation of the Superintendent or his/her designee, the School Board shall dispose of the grievance.  The employee shall not be entitled to a hearing before the School Board.  An employee or his/her representative may make a brief comment prior to the School Board’s vote on the proposed disposition of the grievance; however, there shall be no testimony presented to, receipt of evidence by, or additional matters put before the School Board.  The School Board may affirm, reverse, or modify the recommendation of the Superintendent or his/her designee, or remand the matter to the Superintendent for further investigation or information.  Absent a majority vote to reverse, modify, or remand, the recommendation of the Superintendent or his/her designee shall be deemed affirmed.  Notice of the School Board's decision will be provided to the grievant(s) and other parties involved (i.e., respondent(s), individuals who rendered decisions at each level, etc.).  The School Board's action shall be final.

 

GENERAL MATTERS

 

  1. A grievance may be withdrawn by the grievant at any level without prejudice or record.

  2. Copies of all written decisions made in connection with grievances may be sent to the parties involved (i.e., the grievant(s), respondent(s), decision makers at each level, etc.).

  3. Appeals of grievance decisions shall 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 a decision made at a subsequent Level in the process).

  4. Failure by the grievant to meet the timelines and/or other requirements of this policy shall result in dismissal of his/her grievance.  Failure by the administrator tasked with rendering the decision to meet timelines and/or requirements of this policy may allow the employee, at his/her option, to appeal to the next level of the grievance process.

  5. The grievant(s) or administrator(s) responsible for rendering decisions may request and mutually consent to a reasonable extension of time to comply with the mandates of this policy at any level.

  6. If the grievant leaves his/her employment with the School Board, voluntarily or involuntarily, during the pendency of his/her grievance, at any level, then the grievant loses the right to continue the grievance process.

  7. Grievant has the right to present his/her own grievance. Grievant also has the right to have representation at Level Two or above.  If a person chooses to have representation when presenting his/her grievance, said person shall provide written notice of the name of his/her representative to the designated administrator at the respective procedural level at least two (2) working days prior to any scheduled meeting or hearing on the grievance.

  8. The School Board shall respect the privacy of grievants and respondents as much as possible except to the extent necessary to conduct the investigation, hearing, and other proceedings, and as may be permitted or required by law.

 

Approved:  December 21, 1983

Revised:  April 5, 2000

Revised:  November 4, 2015

Revised:  November 11, 2020

 

 

Ref:    La. Rev. Stat. Ann. §17:100.4

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

Board minutes, 12-21-83, 4-5-00, 11-4-15, 11-11-20

 

Lafayette Parish School Board