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.
Any investigation undertaken in the school system shall be conducted in accordance with the following stipulations:
No School Board member shall participate in any manner in an
investigation.
The Superintendent shall use every means possible to protect School Board personnel from unwarranted personal criticism.
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 Iberia Parish School Board shall, upon reasonable 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 in the investigation.
During any such employee interview, the employee may have legal representation if desired by the employee, but said representation shall be at no cost to the Iberia Parish School Board.
PUBLIC ANNOUNCEMENT OF EMPLOYEE DISCIPLINE
The Iberia Parish School Board, in accordance with state law, shall provide for 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 Reporting Procedures. Not later than thirty (30) days after the conclusion of the investigation and prior to any disciplinary 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 of personnel initiated by the Superintendent.
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 Reporting 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 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, including reprimand, suspension, termination, and/or referral to the local child protection agency/law enforcement.
If the allegation falls within the definition of abuse as defined in School Board policy JGCE, Child Abuse, then all school employees with knowledge of such incidents become mandatory reporters and the allegations must be reported to child protection or law enforcement as provided by state law and School Board policy. Such reporting shall be made and applied in conjunction with the procedures outlined in this policy.
REPORTING PROCEDURES
Notwithstanding any statute or other School Board policy, any complaint relative to employee conduct shall be handled as follows:
A complaint against an employee alleging employee misconduct
shall be submitted in writing to the Superintendent.
The Superintendent or his/her designee may order such investigation
to be conducted in each instance as is warranted by the circumstances.
The investigation shall be conducted by the Superintendent or
his/her designee. The Superintendent, at his/her discretion,
may appoint an investigating team to examine the allegations. The
investigating team shall consist of at least two (2) employees, none
of whom shall work in the same school or department as the person
accused of the offense, with at least one (1) member being from the
Central Office, who shall lead the investigation.
Any rules for investigations shall contemplate informal but
thorough investigations, affording all interested persons and their
representatives, if any, an opportunity to submit evidence relevant
to the complaint.
The Superintendent or leader of the investigation team shall
immediately schedule a conference with the accused employee to assess
the validity of the report. Other staff members or students
may be interviewed if it is deemed essential to the investigation.
At the conclusion of the investigation the investigation team
shall file a written report of the findings with the Superintendent. The
report may include disciplinary action to be considered against the
accused employee if the allegations can be substantiated.
Once the Superintendent receives the investigation team’s report, he/she shall review the findings in the report and determine if further action is necessary. If charges are substantiated, disciplinary action may be taken in accordance with School Board policy, based upon investigative evidence gathered, which may include termination of employment of the employee. Any disciplinary action shall be placed in the offender's personnel file which will reflect the action taken and the grounds thereof.
Revised: August 22, 2012, (Effective: July 1, 2012)
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
Board minutes, 8-22-12
Iberia Parish School Board