FILE: F-11.3
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.
Any investigation undertaken in the school system shall be conducted in accordance with the following stipulations:
No School Board member shall participate in any manner in an investigation.
The Superintendent shall notify all School Board members of the impending action.
The Superintendent shall have complete control of such investigations, including documents and publicity.
Such inquiries shall be concluded within a reasonable amount of time and, upon conclusion, each School Board member shall be notified by the Superintendent of his/her findings and recommendations.
The Superintendent shall use every means possible to protect School Board personnel from unwarranted personal criticism and employees’ identity shall not be divulged unless required by judicial proceedings.
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 Central Community 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.
If deemed appropriate by the Superintendent or his/her designee in the conduct of such investigation, employees shall, after reasonable notification, appear at the time requested 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 School Board.
PUBLIC ANNOUNCEMENT OF EMPLOYEE DISCIPLINE
The Central Community School Board, in accordance with state law, shall provide 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. The investigation shall proceed as outlined below under Reporting Procedures. 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 Superintendent.
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 Reporting 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 School Board policy H-4.4, Child Abuse, 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. Such reporting shall be made and applied in conjunction with the procedures outlined in this policy.
INVESTIGATION PROCEDURES
Notwithstanding any statute or other School Board policy, any complaint relative to employee conduct shall be handled as follows:
Any employee or School Board member should bring to the Superintendent’s attention serious concerns or conditions which may effect School Board operations. The Superintendent shall consider the information presented to determine if further investigation is needed.
The Superintendent or his/her designee may order such investigation to be conducted in each instance as is warranted by the circumstances.
The investigation shall be conducted by the Superintendent or his/her designee. These procedures 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.
The Superintendent or his/her designee 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.
A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the Superintendent or designee and a copy forwarded to the complainant no later than (30) days after its filing.
If charges are substantiated, disciplinary action may be taken in accordance with School Board policy, based upon investigative evidence gathered, which may include termination of the employee. Any disciplinary action shall be placed in the offender's personnel file which shall reflect the action taken and the grounds thereof.
Ref: La. Rev. Stat. Ann. §§14:403, 17:81, 17:81.6, 17:81.8
34 CFR 106 et seq. (Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance)
Central Community School Board