FILE: GAE
COMPLAINTS AND GRIEVANCES
It is the policy of the Orleans Parish School Board that a grievance process exist to allow for prompt, fair and orderly resolution of grievances arising out of employment. The person filing the grievance shall be assured freedom from restraint, interference, coercion, discrimination, or reprisal in presenting his/her claim with respect to a personal grievance. The primary purpose of this procedure is to secure, at the most immediate level possible, an equitable solution to the claim of the aggrieved employee.
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.
If at any step of the procedure outlined below, the administration fails to comply with the timelines set forth therein, the complaint and/or grievance shall immediately move to the next higher step in the process for review and decision.
Any complaint by a teacher, group of teachers, other school employees or group of employees about or involving the school system shall be reviewed in accordance with the following procedure.
Level One
An employee with a grievance shall present the grievance orally to his/her immediate supervisor or principal within five (5) days of the time the grievant knew or should have known of the grievance. Within five (5) days thereafter, the supervisor or principal shall render an oral decision.
Level Two
In the event the aggrieved person is not satisfied with the disposition of his/her grievance at Level One, or if no decision has been rendered within five (5) days after presentation of the grievance, the aggrieved person shall, within five (5) days thereafter, present the grievance, in writing and signed, to the immediate supervisor or principal. The written grievance shall specify:
The name of the aggrieved person;
The nature of the grievance and the facts causing the grievance;
The School Board policy, administrative regulation, or state or federal law that was allegedly violated, if applicable;
The nature or extent of the injury, loss, or inconvenience allegedly sustained or the rights allegedly violated;
The specific relief sought; and
The results of previous discussions and any dissatisfaction therewith.
The immediate supervisor or principal shall communicate his/her decision on the grievance to the aggrieved person, in writing, within five (5) days of receipt of the written grievance. The decision of the immediate supervisor or principal shall also notify the aggrieved person of the name of the staff person to whom that decision may be appealed.
Level Three
In the event the aggrieved person is not satisfied with the disposition of his/her grievance at Level Two, or if no decision has been rendered within five (5) days from the date of receipt of the grievance by the immediate supervisor or principal, the aggrieved person may, within five (5) days thereafter, appeal to the Superintendent or his/her designee. The appeal shall be in writing and shall set forth the same information called for at Level Two, together with a copy of any written decisions rendered at all previous levels. The Superintendent or his/her designee may meet with the party(s) in interest, but, in any event, he/she must render a written decision on the grievance within five (5) days from the date of his/her receipt of it.
Level Four
In the event the aggrieved person is not satisfied with the disposition of his/her grievance at Level Three, or if no decision has been rendered within five (5) days from the date of receipt of the grievance by the Superintendent or his/her designee, the aggrieved person may, within five (5) days thereafter, request a full hearing on the grievance before the Superintendent or his/her designee. If the aggrieved person fails to request a hearing within the time limit set out above, the person shall have no further right to proceed through the complaint/grievance process.
The Superintendent or his/her designee shall schedule the full hearing with the aggrieved person within ten (10) days of the request for a hearing. The Superintendent or his /her designee may receive at the hearing written statements of witnesses or other written materials and/or interview witnesses, if relevant to the grievance. The hearing is an informal meeting or hearing controlled by the Superintendent or his/her designee. The purpose of the hearing is to resolve the grievance. The Superintendent or his/her designee shall provide for the recording of the hearing and shall maintain a transcript of the proceedings. Following the hearing, the Superintendent or his/her designee shall make a written recommendation regarding the disposition of the grievance. The written recommendation shall be provided to the employee within ten (10) days following the hearing. The Superintendent’s recommendation, together with a copy of the transcript of the hearing, shall be provided to the School Board within ten (10) days of the hearing.
Level Five
On the basis of the written recommendation and the transcript of the Level Four hearing, the School Board shall dispose of the grievance. There shall be no hearing involving testimony, the receipt of evidence or additional matters before the School Board. An employee or their representative may comment on the School Board's proposed disposition of the grievance. The School Board may vote to affirm, reverse or modify the recommendation. Absent a motion and second to modify or reverse the recommendation, the Superintendent’s recommendation shall stand. Notice of the School Board's decision shall be given to the aggrieve person and to the individuals who rendered any previous level decisions. The School Board's action shall be final.
DEFINITIONS
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, or state or federal law, or an employee’s perception of a wrong against him/her as a result of management’s or another employee’s decisions or behaviors. 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., employee lack of certification, terminations, rebuttal to observation, etc.)
An aggrieved person is the person making the claim.
A respondent is the person or persons responsible at each level of the procedure for responding to the claim of the aggrieved person.
The term day shall mean working days.
MISCELLANEOUS
A grievance may be withdrawn at any level without prejudice of record. Additionally, there shall be no retaliation 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, communications, or records dealing with a grievance shall be made part of the personnel files of the participants.
Appeals of grievance decisions shall be limited to the specific issues raised in the original grievance. The parties in interest 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 aggrieved person to meet the time lines and requirements of this procedure shall result in dismissal of his/her grievance. Failure by respondent to meet the time lines and requirements of this procedure shall allow the aggrieved person, at his/her option, to proceed to the next level of appeal.
If the aggrieved person voluntarily or involuntarily leaves the employment of the School Board during the pendency, at any level, of a complaint or grievance, then such aggrieved person loses the right to continue the complaint process.
An action taken against an employee pursuant to policy GBK, Employee Discipline, or policy GBN, Dismissal of Employees, may not form the basis of a complaint or grievance by that employee under this policy.
REPRESENTATION
An aggrieved person shall have the right to present his/her own grievance or may designate a representative to appear with him/her at any level of the above procedure.
The aggrieved person who chooses to have representation shall provide advance notice of such in writing to the superior at the respective procedural level at least two (2) days prior to the hearing on the grievance.
Revised: December 17, 2020
Ref: La. Rev. Stat. Ann. §17:100.4
Pickering v. Board of Education, 88 S. Ct. 1731 (1968)
Board minutes, 12-17-20
Orleans Parish School Board