FILE:  GAE

 

COMPLAINTS AND GRIEVANCES

 

 

Any employee, teacher, or group of either or both employed by this School Board shall have the right to file a grievance concerning the application of any policy and/or administrative decision that adversely affect him/her or group thereof, save and except, any adverse disciplinary action which is prescribed by law or where the School Board is without authority to act.

 

DEFINITIONS:

 

  1. Board - is the Iberia Parish School Board (IPSB).

  2. Day(s) - shall mean calendar day(s).

  3. Employee - shall mean any person regularly or part-time employee or providing services via an employment contract.

  4. Grievance - is a compliant or claim by an employee that he/she has suffered harm or injury by the interpretation, application or violation of a contract, policy or constitutionally guaranteed rights.  It does not, however, include termination and/or disciplinary action against an employee whose method of review is prescribed by law or the School Board is without authority to act.

  5. Complainant - person making the claim.

  6. Respondent - person responsible at each level to respond to the complaint.

  7. Party of Interest - any person having relevant information.

  8. Immediate Supervisor - that employee possessing supervisory and administrative authority next in rank above the complainant or aggrieved person.  The job description of the employee and the chain of command (line chart of supervision) of the Iberia Parish School Board can be of assistance to the complainant to address a grievance.

  9. Superintendent's Designee - any person of an administrative position assigned by the Superintendent to accept and decide the disposition of any grievance.  In such a case, the Superintendent, if requested, must review the disposition in its entirety, including all transcripts of any hearings and either affirm, reverse, or modify the disposition thereof.

 

GENERAL MATTERS

 

  1. Nothing in this complaint or appeals policy shall be applicable to any employment action against an employee, including discipline and/or a recommendation of termination of employment.  Such matters shall be relegated to said appropriate policy and state laws.

  2. An employee is entitled to representation of his/her choice at all levels of procedure after the written complaint is presented.  Notice of representation shall be provided to the Superintendent or designee.

  3. The claimant or respondent responsible for addressing the complaint may request an extension of time to comply with the various levels of procedure.  Said extension shall be agreeable to both claimant and respondent but in no case shall it exceed ten (10) days as defined herein unless approved by the Superintendent or designee.

 

PROCEDURE

 

STEP 1:

 

The complainant shall submit a written complaint to the immediate supervisor as defined herein.  Within seven (7) days, the immediate supervisor shall render a written disposition of said complaint.  Any discrepancy as to the identity of immediate supervisor shall forthwith be decided by the Assistant Superintendent within forty-eight (48) hours of request. Any applicable delay shall be computed from notice of said decision.

 

STEP 2:

 

Any written appeal of the disposition of the complaint shall be presented to the principal or equivalent supervisor or administrator defined herein within five (5) days of receipt of said disposition.  A copy of the Step 1 disposition should be attached to a brief description of why it should be reversed, modified or amended.  The disposition of the appeal shall be in writing and presented to the complainant within seven (7) days.

 

STEP 3:

 

Any appeal of a Step 2 disposition shall be a request for a hearing before the Assistant Superintendent or other designee of the Superintendent.  Any designee of the Superintendent other than the Assistant Superintendent shall be agreeable to the complainant and Superintendent.  The hearing before the Assistant Superintendent shall be taped and any transcription of said tape shall be signed by both the complainant and respondent. No formal rules of evidence shall be applicable and hearsay testimony shall be given the appropriate weight by the Assistant Superintendent or designee.

 

    1. The disposition of the Assistant Superintendent or designee who conducted said hearing shall be reduced to writing and presented to the Superintendent within ten (10) days of the conclusion of said hearing.

    2. Upon receipt of the disposition, the Superintendent shall within ten (10) days therefore issue a written affirmation reversal or modification of said disposition.

    3. Any request of appeal to the School Board of the Superintendent's disposition shall be presented to the Superintendent within seven (7) days.  Upon receipt of such, the Superintendent shall schedule said presentation to the School Board as its next regularly scheduled meeting.

    4. The appeal to the School Board shall be a record only appeal. No oral testimony shall be allowed. The School Board may allow written argument only, which shall be presented and included with the record presented to the School Board.  The School Board shall affirm, reverse or modify the Superintendent's disposition.

    5. No complainant shall suffer retaliation as a result of his or her use of this process.  Any complainant's use of this process shall be in good faith.  However, any misconduct of the complainant or respondent during the use of said process may establish sufficient cause or independent basis for disciplinary action.

 

Revised:  January 8, 2020

 

 

Ref:    La. Rev. Stat. Ann. ยง17:100.4

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

Board minutes, 1-8-20

 

Iberia Parish School Board