FILE: GAE
NON-TITLE IX COMPLAINTS AND GRIEVANCES
Any employee of the St. Landry 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 restraining, 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 shall be handled according to these procedures adopted by the School Board.
DEFINITIONS
School Board
School Board shall mean the St. Landry Parish School Board.
Grievance
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 procedure. 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., promotions, employee lack of certification, discipline, terminations. rebuttal to observation, reduction of personnel, etc.).
Days
Days shall mean school days or work days.
Immediate Supervisor
Immediate Supervisor means the employee possessing supervisory and administrative authority over the action being grieved.
PROCEDURE (General)
Any School Board employee who has a grievance shall first attempt to have it settled through conference with the party against whom he/she has the claim. If the aggrieved so desires, any individual of his/her choice may accompany him at any level. If he/she desires, the aggrieved may have the conference mechanically recorded at any level.
Any employee shall have the right to present his/her own grievance at any level, or may designate a representative to appear with him/her at steps 1-3 of the Procedure (Formal Level).
The employee who chooses to have representation shall provide advance notice of such in writing to the superior at the respective procedural step at least twenty-four (24) hours prior to the hearing on the grievance.
All decisions rendered at any level of the grievance procedure, except at the informal stage, shall be in writing setting forth the decision and the reasons therefore. Decisions rendered shall be transmitted promptly to the grievant and to the next higher grievance level.
Grievances shall be processed in a manner which does not affect tenure and which does not interfere with the employee's work and the normal operation of the school system. No reprisals of any kind shall be taken by the principal or by the School Board or by any member of the administration against the grievant or any other participant in the grievance procedure by reason of such participation. Grievances shall first be discussed by the grievant informally with his/her immediate supervisor. If satisfaction is not attained and no agreement is reached, the grievant may go to Level One procedure.
PROCEDURE (Informal Level)
Any complainant who has a grievance shall attempt to resolve the grievance on an informal basis between the immediate supervisor and the aggrieved.
PROCEDURE (Formal Level)
Level One
If, as a result of the informal discussion, the matter is not resolved, the grievant shall initiate a grievance in writing to his/her immediate supervisor within five (5) days, giving the full details of his/her grievance. The immediate supervisor shall communicate his/her decision to the complainant in writing within three (3) school days following the receipt of the written grievance. If the grievance is not satisfactorily resolved, the grievant may appeal in writing to Level Two within five (5) days.
Level Two
The immediate supervisor shall present the grievance and the written decision to the Superintendent of the St. Landry Parish School System. The Superintendent or his/her designee shall conduct a hearing with the parties who participated at Level One and the Superintendent will issue a written decision. This hearing shall be mechanically recorded and a transcript prepared. This transcript shall be made available to the grievant. The Superintendent or designee shall render a written decision within three (3) days. If the grievant believes the matter is not satisfactorily resolved, the aggrieved may appeal to Level Three in writing within five (5) days.
If the grievance is not satisfactorily resolved within five (5) days at Level 2, the aggrieved may proceed to Level 3.
Level Three
The Superintendent or designee shall make a written recommendation for disposition of the grievance and provide a copy of the transcript. 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.
MISCELLANEOUS
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.
Copies of all written decisions of grievances shall be sent to all parties involved.
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.
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.
Failure by the employee to meet the timelines and requirements of this procedure shall result in dismissal of his grievance. Failure by the administrative person rendering the decision to meet timelines and requirements of this procedure shall allow the grievant, at his option, to proceed to the next level of appeal.
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.
Adopted: July 18, 1991
Approved: May 7, 1992
Revised: February, 1996
Revised: September 3, 2020
Ref: La. Rev. Stat. Ann. ยง17:100.4
Pickering v. Board of Education, 88 S.Ct. 1731 (1968)
Board minutes, 2-2-89, 5-7-92, 11-16-95, 9-3-20
St. Landry Parish School Board