FILE:  GAE

Cf:  JAAA, JCEA

 

NON-TITLE IX COMPLAINTS AND GRIEVANCES

 

 

Any employee of the Vermilion Parish School Board shall have the right to appeal the application of a policy and/or administrative procedure affecting him/her.  The person(s) filing the grievance shall be assured freedom from restraint, interference, coercion, discrimination, or reprisal in presenting his/her appeal 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(s).

 

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.

 

Unless otherwise provided for in the Agreement Between the Vermilion Association of Educators (VAE) and the Vermilion Parish School Board, 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 must first discuss it orally with his/her immediate supervisor or principal.  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 present the grievance in writing, within twenty (20) days of the occurrence of the event or when the aggrieved person should have reasonably been aware of the occurrence, to the immediate supervisor or principal specifying:

 

  1. The nature of the grievance; and

  2. The nature or extent of the injury, loss, inconvenience;

  3. The results of previous discussions; and

  4. The dissatisfaction with decisions previously rendered.

 

This written grievance must be presented to the immediate supervisor or principal within five (5) days after the employee’s receipt of the Level One oral decision.  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 member of the central office staff who has jurisdiction to deal with and help resolve the matters stated in the grievance.  The appeal shall be in writing and shall set forth the same types of information called for at Level Two.  The central office staff person charged with the responsibility of handling Level Three of this procedure may meet with the parties in interest, but, in any event, he/she must render a decision on the grievance within ten (10) 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 ten (10) days from the date of receipt of the grievance by the central office staff member with jurisdiction, the aggrieved person may appeal to the Superintendent.  The appeal shall be in writing and shall set forth the same types of information called for at Level Two, together with a copy of the written decision rendered at all previous levels.  The Superintendent may meet with the parties in interest, but, in any event, he/she must render a decision on the grievance within ten (10) days from the date of his/her receipt of it.

 

Level Five

 

In the event the aggrieved person(s) is not satisfied with the written notice of disposition of the grievance by the Superintendent, the aggrieved person may, within five (5) days of the date of receipt of the Superintendent's notice of disposition, request a full hearing, of the claim or grievance before the Superintendent.  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 shall schedule the full hearing with the aggrieved person(s) within twenty (20) days of the request for a hearing.  The Superintendent may receive at the hearing written statements of witnesses, other written materials and/or interview witnesses, if relevant to the claim or complaint.  The hearing is an informal meeting or hearing controlled by the Superintendent.  The purpose of any such fair hearing is to resolve the complaint.  The Superintendent shall provide for the recording of the hearing and shall maintain a transcript of the proceedings.  Following the hearing, the Superintendent shall make a written recommendation regarding the disposition of the grievance.  The recommendation of the Superintendent will be provided to the employee not more than ten (10) days following the hearing.  The Superintendent’s recommendation, together with a copy of the transcript of the hearing as well as the previous decisions, shall also be provided to the School Board within the same time frame set out above for disposition of the grievance.

 

Level Six

 

On the basis of the written recommendation and the transcript of the hearing before the Superintendent provided to the School Board, the School Board shall dispose of the grievance within thirty (30) days of receipt of transcript, unless extended for good cause.  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 employee(s) and to the individuals who rendered any previous level decisions.  The School Board's action shall be final.

 

DEFINITIONS

 

  1. A grievance is a claim by an employee that he/she has suffered harm or injury by the interpretation, application or violation of a contract, a School Board policy or administrative regulation or procedures.  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., promotion, employee lack of certification, discipline, terminations, rebuttal to observation, any reduction of personnel action, etc.)

  2. Any claim by an employee or group of employees that there has been a violation of rights shall be a grievance and shall be resolved through the procedures set forth herein.

  3. An aggrieved person is the person making the claim.

  4. A respondent is the person or persons responsible at each level of the procedure for responding to the claim of the aggrieved person.

  5. A party in interest is the person making a claim (aggrieved person) and any person or persons who might be required to take action or against whom action might be taken in order to resolve the claim (respondent).

  6. The term day shall mean working days.

 

MISCELLANEOUS

 

  1. A grievance may be withdrawn at any level without prejudice of record.  Additionally, there shall be no recrimination 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, communications, or records dealing with a grievance shall be made part of the personnel files of the participants.

  4. 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.

  5. 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.

  6. 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.

  7. Termination or disciplinary action against an employee may not form the basis of a complaint or grievance by that employee.

 

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:  November 19, 2015 

Revised:  January 21, 2016

Revised:  July 18, 2019

Revised:  August 6, 2020

 

 

Ref:    La. Rev. Stat. Ann. §17:100.4

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

Board minutes, 11-19-92, 7-23-03, 12-9-04, 1-21-16, 7-18-19, 8-6-20

 

Vermilion Parish School Board