FILE: GAE
GRIEVANCE PROCEDURE
Any employee of the Monroe City School Board, or student, shall have the right to appeal the application of policies and administrative decisions affecting him/her. The person 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.
All grievances shall be handled expeditiously, and according to the following procedures.
DEFINITIONS
A grievance is a claim by a student, employee, or group thereof that he/she has suffered harm or injury by the interpretation, application or violation of a contract, a School Board policy, a law or constitutionally guaranteed rights. 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).
Any claim by an individual that there has been a violation of rights shall be a grievance and shall be resolved through the procedures set forth herein.
A grievant is the person making the claim.
A party in interest is the person making a claim (grievant) and any person or persons who might be required to take action or against who action might be taken in order to resolve the claim.
PROCEDURE
Grievances shall be processed as rapidly as possible. The number of days indicated at each level is a maximum, and every effort shall be made to expedite processing the grievance. All proceedings of a grievance shall be kept confidential.
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Level 1 |
After informally and thoroughly discussing any grievance with the employee’s immediate supervisor or principal, upon reaching no satisfactory resolution of the grievance, the employee or student shall promptly present the grievance in writing to the immediate supervisor or principal. Such notice shall be presented no later than five (5) working days from the date of discussion. The written grievance submitted shall state the nature of the grievance and the harm or injury caused that initiated the grievance. The employee or student and the immediate supervisor or principal shall attempt to resolve the grievance and shall reply to the grievant within five (5) working days following the date of submission. If the grievance is not submitted within the time prescribed, the grievant shall be deemed not to have further right with respect to said grievance.
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Level 2 |
If the employee or student is not satisfied with the disposition of the grievance by the principal or the immediate supervisor, or if no decision has been rendered in the time specified, then within five (5) working days of receipt of the decision from the principal or the immediate supervisor, the employee, student, or his/her representative may submit to the Superintendent or designee a written request for a Level 1 review together with a copy of the written decision rendered in Level 1. If the employee or student fails to request the review within the time limit set out above, he/she shall have no further right to proceed through the complaint/grievance process.
The Superintendent or designee shall within five (5) working days provide a written notice to the employee or student of the disposition of the grievance based upon the file presented to the Superintendent or designee. The date of receipt by the employee or student of the written notice of the disposition shall be documented in the file.
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Level 3 |
If the employee or student is not satisfied with the written notice of disposition of the grievance by the Superintendent or designee, the employee or student may, within five (5) working 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 or designee. If the employee or student fails to request a hearing within the time limit set out above, the employee or student shall have no further right to proceed through the complaint/grievance process.
The Superintendent or designee shall schedule the full hearing with the employee(s) within twenty (20) working 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 claim or complaint. The hearing shall be an informal meeting or hearing controlled by the Superintendent or designee. The purpose of any such fair hearing is to resolve the complaint. The Superintendent or designee shall provide for the recording of the hearing and shall maintain a transcript of the proceedings. Following the hearing, the Superintendent or designee shall make a written recommendation regarding the disposition of the grievance. The recommendation of the Superintendent or the designee shall be provided to the employee or student not more than thirty (30) working 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.
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Level 4 |
On the basis of the written recommendation and the transcript of the hearing before the Superintendent or designee provided to 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. An employee, student, or his/her representative may comment on the School Board's proposed disposition of the grievance. 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 will be given to the employee or student, and to the individuals who rendered the Level 1 and Level 2 decisions. The School Board's action shall be final. |
MISCELLANEOUS
A grievance may be withdrawn at any level without prejudice or record. Additionally, there shall be no recrimination 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, communication, or records dealing with a grievance shall be made part of the grievant’s files and shall be destroyed only in accordance with Board policy.
Appeals of grievance decisions shall be limited to the specific issues raised in the original grievance. The parties involved shall 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 grievant to meet the time lines and requirements of this procedure shall result in dismissal of his/her grievance. Failure by the administrative person rendering the decision to meet time lines and requirements of this procedure shall allow the grievant, at his/her option, to proceed to the next level of appeal.
If an employee leaves the employment of the Board during the pendency, at any level, of a complaint or grievance, then the employee loses the right to continue the complaint process.
Termination or disciplinary action against an employee may not form the basis of a complaint or grievance by that employee.
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.
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 be kept 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)
Monroe City School Board