FILE:  GAE

Cf:  JAAA, JCED

 

NON-TITLE IX COMPLAINTS AND GRIEVANCES

 

 

Any employee of the West Baton Rouge Parish School Board shall have the right to grieve the application of policies and administrative decisions affecting him/her.  The employee shall be assured freedom from restraint, interference, coercion, discrimination, or reprisal in presenting his/her 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 according to the following procedures:

 

  1. Definitions:

 

  1. A grievance is a claim by an employee or group thereof that he has suffered harm or injury by the interpretation, application or violation of a School Board policy, administrative regulation or procedure, a law, or constitutionally guaranteed rights.  The term "grievance" does not include matters for which the method of review is prescribed by law, where the School Board is without authority to for instance, the School Board lacks the authority to impose discipline, reverse discipline imposed, review transfers or placement decisions, or grant certification.  Accordingly, matters of this nature may not form the basis of a grievance.

  2. A work day shall mean a day on which the subject employee is expected to report to work and shall not mean weekends or School Board-approved holidays.

  3. Employees covered by this procedure shall mean permanent employees of the School Board.

  4. Immediate Supervisor is that employee possessing administrative authority to direct the activities of the grievant.

  5. A grievant is the person making the claim.

 

  1. Procedure:

    Grievances shall be filed within seven (7) work days of the interpretation, application, conduct, or decision which forms the basis of the complaint and will be processed as rapidly as possible.  The number of days indicated at each level is a maximum, and every effort shall be made to expedite processing the grievance.

    Step 1.  After informally and thoroughly discussing any grievance with their immediate supervisor, upon reaching no satisfactory resolution of the grievance, an employee shall promptly present the grievance in writing to the immediate supervisor.  Such grievance shall be presented no later than five (5) working days from the date of discussion with the immediate supervisor.  The written grievance submitted shall state:  (1) the nature of the grievance, (2) the policy, contract, law or constitutional right alleged to have been violated, misapplied or misinterpreted, (3) the harm or injury caused grievance by the alleged violation, and (4) the remedy sought.  The employee and the immediate supervisor shall attempt to resolve the grievance.  The immediate supervisor shall make a proper disposition of the grievance and shall reply to the employee within five (5) working days following the date of submission.

    Step 2.  In the event the employee is not satisfied with the disposition of the grievance in Step 1 or if no decision has been rendered in the time specified, the grievance must be presented in writing to the Superintendent or his/her designee.  Such grievance shall be presented within five (5) working days of the Step 1 decision.  The Superintendent or his/her designee shall schedule a meeting with the employee as promptly as is reasonably possible to attempt to resolve the grievance.  Notice of the conference shall be given to all parties involved in an alleged grievance.  The Superintendent or his/her designee shall issue a written decision to the grievant within five (5) working days after the conference.

    Step 3.  In the event the grievant is not satisfied with the disposition of the grievance at Step 2, the grievance must be presented to the Superintendent in writing within five (5) working days of the receipt of the Step 2 decision.  A copy of the Step 3 appeal, together with Step 1 and Step 2 decisions shall be submitted to the Superintendent, together with a written request for a hearing on such grievance.  Upon receipt of such a written appeal, the Superintendent shall conduct a hearing at a specific date and time and send proper notice of the scheduled hearing to the grievant.  The Superintendent maintain a transcript of the proceedings.  Following the hearing the Superintendent shall prepare a written recommendation for disposition of the grievance and provide a copy such recommendation and the transcript to the School Board at or before the meeting of the School Board.

    Step 4.  After reviewing the transcript of the grievance hearing and the recommendation of the Superintendent, the School Board then shall dispose of the grievance.

  2. Miscellaneous

 

  1. A grievance may be withdrawn at any level but once withdrawn by the employee cannot form a basis of another grievance.

    Additionally, there shall be no retaliation against a person because a grievance has been filed in accordance with the provisions outlined herein.

  2. Copies of all written decisions of grievances shall be sent to all parties involved.

  3. 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.

  4. 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.

  5. Failure by the employee to meet the deadlines, timelines and requirements of this procedure shall result in dismissal of his/her grievance.  Failure by the administrative person rendering the decision to meet timelines and requirements of this procedure shall allow the grievant, at his/her option, to proceed to the next level.

  6. If the employee leaves the employment of the School Board during the pendency, at any level, of a grievance, then the employee loses the right to continue the grievance process.

 

  1. Representation

    The person bringing forth the grievance shall have the right to present their own grievance.  Grievants have the right to have representation at Steps 2 and 3.

    If a person chooses to have representation when presenting their grievance, said person shall provide advance notice of such in writing to the immediate supervisor at the respective procedural level at least two (2) work days prior to any meeting, hearing, or School Board meeting on the grievance.

 

Revised:  December, 1995 Revised:  August 11, 2020
Readopted:  July, 2007 Revised:  January 18, 2023

 

 

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

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

Board minutes, 7-18-07, 8-11-20, 1-18-23

 

West Baton Rouge Parish School Board