FILE: GAMC
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 by appointing appropriate staff personnel (one or more persons) to make the necessary inquiries. At the conclusion of their investigation, a report shall be prepared for submission to the Superintendent.
No School Board member shall participate in any investigation undertaken in the school system.
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 Lafayette Parish School Board shall, upon 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 or are related to the matter being investigated.
If deemed appropriate by the Superintendent or his/her designee in the conduct of such investigation, employees shall, upon reasonable notification, appear at the offices of the Superintendent or at such other suitable location within the parish as might be appropriate and convenient to provide information relative to the investigation.
An employee who is the subject of an investigation may have legal representation if desired by the employee, but said representation shall be at no cost to the School Board. An attorney may not actively participate in any interview or meeting with the employee, and participation in any meeting or interview by an attorney shall be limited to only providing guidance to the employee.
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.
PUBLIC ANNOUNCEMENT OF EMPLOYEE DISCIPLINE
The Lafayette Parish School Board, in accordance with state law, shall initiate an investigation of an employee, in cases where the School Board has made a public announcement that an employee may be disciplined, whether or not there is an accompanying reduction in pay. The investigation shall proceed as outlined below under Investigation Procedures. Not later than thirty (30) days after the conclusion of the investigation and prior to any school board action, the employee may appear, if he/she so determines, before the School Board in open session and be given a reasonable time, as determined by the School Board, to comment on the investigation and any actions taken or proposed to be taken involving the employee. These provisions shall not be applicable to any reduction in force nor to any investigation of an employee conducted in accordance with applicable provisions of Part II of Chapter 2 of Title 17.
IMPERMISSIBLE CORPORAL PUNISHMENT OR MORAL OFFENSES
If an employee is accused of impermissible corporal punishment, or of a moral offense involving a student, a prompt, thorough investigation shall be conducted by the Superintendent or designee. The investigation shall proceed as outlined below under Investigation Procedures. A written report of the results of the investigation shall be prepared, and the employee shall be provided with a copy of such report. The Superintendent may promulgate such administrative regulations and procedures as he/she deems necessary to implement this policy. Any employee found to have violated the provisions of School Board policy shall be disciplined by such means as appropriate to the incident.
If the allegation falls within the definition of abuse as found in School Board policy JGCE, Child Abuse, then all school employees with knowledge of such shall be considered mandatory reporters and the allegations shall be reported to child protection or law enforcement as provided by state law and School Board policy. Such reporting shall be made in addition to any procedures outlined in this and other School Board policies.
INVESTIGATION PROCEDURES
In the absence of and/or in combination with other School Board policies, complaints relative to employee conduct shall be handled as follows:
The complaint shall be submitted in writing, including the complainant’s name and contact information, and provide details of the conduct which forms the basis of the complaint (i.e., allegations, name of accused individual(s), dates(s), time(s), witness(es), etc.).
The Superintendent or his/her designee may order an 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.
The investigation will be conducted by the Superintendent or his/her designee or as provided by law or School Board policy. This policy contemplates 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.
A written determination as to the validity of the complaint/ result of the investigation shall be issued by the Superintendent or his/her designee and notice of same shall be forwarded to the complainant no later than (30) days after its filing.
The Superintendent or his/her designee shall confer with the accused employee’s immediate supervisor concerning the results of the investigation and the Superintendent or his/her designee or the employee’s immediate supervisor shall discuss the matter with the employee.
If a complaint is substantiated, the Superintendent shall consider disciplinary action, as appropriate, in accordance with law or School Board policy, which may include termination of employment.
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.
Adopted: July 18, 2012
Revised: September 9, 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, 7-18-12, 9-9-20
Lafayette Parish School Board