FILE:  GAMC

Cf:  GAK, GBRA, JAAA

Cf:  JCEA, JDA, JGCE

 

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.

 

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 Vermilion 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 Vermilion 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 JAAA, Title IX Sexual Harassment.

 

PUBLIC ANNOUNCEMENT OF EMPLOYEE DISCIPLINE

 

The Vermilion Parish School Board, in accordance with state law, shall initiate 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 Investigation Procedures.  Not later than thirty (30) days after the conclusion of the investigation and prior to any School Board action to implement such 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 in force initiated by the School Board.

 

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 Investigation 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 and procedures 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 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. 

 

INVESTIGATION PROCEDURES

 

With the exception of Title IX sexual harassment complaints, notwithstanding any statute or other School Board policy, any complaint relative to employee conduct shall be handled as follows:

 

  1. A complaint or accusation regarding employee misconduct shall be immediately reported to either the principal or the Superintendent.  The report shall be made in writing by the principal or the Superintendent, specifically stating the details of the alleged offense.  The Superintendent shall have the authority to order an investigation of any alleged employee misconduct, whether or not a formal accusation or complaint has been filed, when in his/her opinion the circumstances warrant.

  2. If the accusation is of such an extreme nature as to threaten the safety and welfare of students, the Superintendent shall have the right to suspend the employee with pay, fringe benefits and all other benefits provided by the Agreement Between the Vermilion Association of Educators (VAE) and the Vermilion Parish School, pending the investigation.

  3. A copy of the report referred to in #1 above shall be given to the employee within five (5) working days after being received by the Superintendent.

  4. After receipt of a copy of the accusation, the employee shall have five (5) working days within to file a written response to the Superintendent.  The said response shall not be provided to the accuser(s).

  5. Upon receipt of the employee’s written response, the Superintendent shall have the option to dismiss the complaint or proceed with a thorough investigation.

  6. The investigation shall be conducted by the Superintendent or his/her designee.  The Superintendent may also appoint an investigation team, which when utilized, shall be comprised of three (3) members, two (2) of whom shall be School Board employees.  These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to the complaint.  Staff members or students may be interviewed if it is deemed essential to the investigation.

 

  1. If the accused employee is an administrator, he/she may recommend the third member of the team.  The recommended team member may be a representative of the employee’s professional association.  If the recommended team member is not a representative of the employee’s professional association, the recommended team member shall be a school board employee with no conflict of interest.

  2. If the accused employee is a bargaining unit member, the employee shall recommend the third member of the team, with the advice and consent of the VAE.  The third member may be a representative of VAE/LAE/NEA.  If the employee chooses not to recommend a representative of VAE/LAE/NEA as the third member, the Superintendent shall make the third appointment.

  3. Failure by the employee to make a recommendation within three (3) work days after being requested to do so shall allow the Superintendent to make the appointment.

 

  1. The Superintendent, his/her designee, or investigation team shall confer with each accused employee’s immediate supervisor concerning the results of the investigation and the immediate supervisor shall discuss the matter with the employee.

  2. Following the investigation, the Superintendent, designee, or investigation team may conduct a hearing to be held not less than ten (10) nor more than twenty (20) working days from the time of the employee’s written response to the Superintendent.  The employee shall have the right to hear the evidence and offer rebuttal evidence.  Any witness may be cross-examined.

  3. If the accusation is determined to be unfounded, then all documents and materials shall be removed and expunged from all files and locations within the school system.  The school system shall not disclose any of the information concerning the accusation to any individual or entity, unless required by law.

  4. If the accusation is determined to be well-founded, and documents and material of any nature are placed in employee’s personnel file, then the employee may attach a written response within fifteen (15) days of notification of entry, in accordance with state law and the Agreement Between the Vermilion Association of Educators (VAE) and the Vermilion Parish School Board.

  5. Within five (5) working days of completion of the hearing a written report finding of fact shall be presented to the Superintendent only, and the investigator shall make no further recommendation.

  6. The investigation hearing shall not replace the tenure hearing requirements of La. Rev. Stat. Ann. §17:443 or §17:493.

  7. Nothing in this policy shall be construed to prohibit AIDS and sex education or any curriculum of study as may be established by School Board policy.

  8. Nothing herein shall be construed to waive any of the rights guaranteed to an employee by contract, state or federal law.

 

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.

 

Revised:  August 6, 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, 1-9-92, 9-19-02, 8-6-20

 

Vermilion Parish School Board