FILE: GAMC
INVESTIGATIONS
INVESTIGATIONS OF EMPLOYEES
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 West Baton Rouge Parish School Board shall, after 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 office 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.
Any 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 West Baton Rouge Parish School Board. The attorney may not actively participate in any interview or meeting with the employee, and participation in any meeting or interview by the attorney shall be limited to 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 West Baton Rouge Parish School Board, in accordance with state law, provides 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. 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 School Board nor any investigation of an employee relative to tenure.
PROCEDURE FOR INVESTIGATING COMPLAINTS
With the exception of Title IX sexual harassment complaints, notwithstanding any statue or other School Board policy, when an allegation about an employee comes to the attention of the Superintendent and/or his/her designee, principal, administrator or supervisor of a school site or location, and the matter appears serious enough to warrant investigation, the following procedure shall apply:
The person (or persons) making an allegation against the employee shall submit the allegation in writing, giving the person who is making the allegation’s name, address, and telephone number, and the date, time, place, location, name of witness if any, and details of the circumstances of the allegations against the employee to the employee’s principal, administrator, or supervisor, who shall then notify the Superintendent and/ or his/her designee of the charge. Within five (5) working days of receipt of the complaint, the Superintendent and/or designee, principal, administrator of supervisor shall provide the accused employee with a copy of the complaint
If the principal, administrator, or supervisor is the subject of the allegation, then the complainant may submit the report directly to the Superintendent.
Upon receipt of an allegation, the Superintendent and/or designee, principal, administrator or supervisor of the school site, or department with which the employee is associated shall immediately begin an investigation into the allegations. The investigation may consist of personal interview with the complainant, the individual(s) against whom the claim filed and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigator. The investigation shall be concluded in a timely manner, but in no instance take longer than thirty (30) days from receipt of the complaint.
Upon conclusion of the investigation, the Superintendent and/or designee, principal, administrator or supervisor shall provide a written determination of the validity of the complaint and provide a copy of such to the accused employee. If the initial investigation determines that the complaint is valid, the Associate Superintendent of Human Resources may further investigate the situation or impose such disciplinary action as appropriate per state statutes or School Board policy.
The Superintendent and/or designee may, in his or her discretion, suspend an employee with or without pay during the investigation provided in this policy when the Superintendent and/or designee consider the suspension to be in the best interest of the school system and/or the employee. Further discipline of the policy shall be in accordance with state law and/or School Board policy.
If the allegation falls within the definition of abuse as defined in state law, 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 (see policy JGCE, Child Abuse). Such reporting shall be made and applied in conjunction with the procedures outlined in this policy.
If any material of any nature is placed in the employee’s personnel file as a result of the application of this policy, the employee shall have the right to respond as provided by policy GAK, Personnel Records.
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.
Recoded: November, 2006
Revised: July 18, 2007
Revised: September 19, 2012
Revised: August 11, 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, 7-18-07, 9-19-12, 8-11-20
West Baton Rouge Parish School Board