FILE: F-4
COMPLAINTS AND GRIEVANCES
Any employee of the Central Community School Board shall have the right to appeal the application of a policy and/or procedure affecting him/her. Complaints or grievances about any job action taken against an employee are excluded from this policy. 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).
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 will immediately move to the next higher step in the process for review and decision.
DEFINITIONS
Employee - Employee(s) shall mean any person(s) regularly
employed by the Central Community School Board, either full or part-time.
Grievance - Grievance shall mean a claim by an employee
of the violation, misinterpretation or inequitable application of
any of the School Board policies, rules or regulations under which
such employee works. The term grievance shall not
apply in any manner in which (1) a method of review is not prescribed
by law, (2) the School Board is without authority to act, or (3) any
reduction of personnel action.
Days – Days shall mean school days or working days. Working
day shall mean any day the Central Community School Board Central
Office is officially open for conducting business. The
days at each level may be extended by mutual agreement of persons
involved in resolving the grievance.
Immediate Supervisor – Immediate supervisor shall mean
that employee possessing supervisory and administrative authority
next in rank above the grievant.
Transcript – A written, printed, or typed copy of the testimony.
PROCEDURE
Grievances shall be processed as rapidly as possible. All proceedings of a grievance shall be kept confidential.
Level One
An employee with a grievance shall first discuss the grievance with his/her immediate supervisor or principal. Within five (5) days thereafter, the supervisor or principal shall render an oral decision.
Level Two
If the employee is not satisfied with the disposition at Level One or if no decision has been rendered in the time specified, the employee may present a grievance in writing on the appropriate grievance form to the immediate supervisor or principal specifying:
The nature of the grievance;
The nature or extent of the injury, loss, or inconvenience;
The results of previous discussions; and
The dissatisfaction with decisions previously rendered.
The written grievance shall be presented to the immediate supervisor or principal within five (5) days after the employee’s receipt of the Level One oral decision or five (5) days after the oral deadline. If the grievance is not submitted within the time specified, the employee shall have no further right with respect to the grievance.
Within five (5) working days of the receipt of the grievance, the immediate supervisor and the grievant(s) shall meet to attempt to resolve the grievance. The immediate supervisor shall receive, investigate and consider information from all affected parties he/she believes is necessary to resolve the complaint.
Within five (5) working days following the meeting between the grievant(s) and his/her immediate supervisor, the immediate supervisor shall render his/her written decision and communicate his/her decision to the employee.
Level Three
If the employee is not satisfied with the disposition at Level Two or if no decision has been rendered in the time specified, the employee may appeal the Level Two decision by submitting a written request to the Superintendent.
The Superintendent or his/her designee shall schedule a meeting with the employee within fifteen (15) days of receipt of the appeal by the Superintendent. Notice of this meeting shall be given to the employee as well as to the individual who rendered the decision at Level Two. Documentation from the Level Two conference shall be presented as well as any other pertinent documentation.
Within ten (10) days following the Level Three meeting with the aggrieved employee, the Superintendent or his/her designee shall send a written decision by certified mail to the employee with copies to the other decision makers and affected parties.
Level Four
If the employee is not satisfied with the Level Three disposition or if no decision has been rendered in the time specified, the employee may within five (5) days of the date of receipt of the Level Three decision request, in writing, a full hearing of the grievance before the Superintendent or his/her designee. If the request is not submitted to the Superintendent within the time prescribed, the grievant(s) shall have no further right with respect to the grievance.
The Superintendent or his/her designee shall schedule the hearing with the employee within twenty (20) days of the request for a hearing. The Superintendent or designee may receive at the hearing written statements of witnesses, other written materials and/or interview witnesses, if relevant to the grievance. The purpose of the hearing shall be to resolve the grievance. The Superintendent or designee shall maintain a transcript of the proceeding. Following the hearing, the Superintendent or designee shall make a written recommendation for disposition of the grievance.
The recommendation of the Superintendent or designee shall be provided to the employee not more than thirty (30) calendar days following the hearing. The Superintendent or designee’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.
On the basis of the written recommendation and a transcript of the hearing provided the School Board, 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. The School Board shall vote to affirm, reverse or modify the recommendation, or remand back to the Superintendent or designee for more information. Notice of the School Board's decision shall be given to the employee and to the individuals who rendered the Level Two, and Level Three decisions. The School Board's action shall be final.
REPRESENTATION
The person bringing forth the grievance shall have the right to present his/her own grievance. Grievants have the right to have representation at all levels in the process above Level One and Two.
If a person chooses to have representation when presenting his/her grievance, said person shall provide advance notice of such in writing to the immediate supervisor at the respective procedural level at least two (2) days prior to the meeting on the grievance.
CONFIDENTIALITY
It shall be understood that a grievance shall remain confidential except to the extent necessary to investigate and resolve the grievance.
Ref: La. Rev. Stat. Ann. §17:100.4
Pickering v. Board of Education, 88 S. Ct. 1731 (1968)
Central Community School Board