COMPLAINTS AND GRIEVANCES

FILE: GAE

Any employee of the St. Mary Parish School Board shall have the right to appeal the application of policies and administrative decisions affecting him/her. The employee 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 procedures adopted by the Board, as follows:

1. Definitions:
   1. A grievance is a claim by an 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 where the school board is without authority to act. 
   2. Employees covered by this procedure shall mean regular employees of the Board.
   3. Immediate Supervisor is that employee possessing administrative authority to direct the activities of the grievant.
2. 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.
   • Step 1: After informally and thoroughly discussing any grievance with their immediate supervisor, upon reaching no satisfactory resolution of the grievance, an employee shall promptly present the grievance in writing to the immediate supervisor. Such notice shall be presented no later than five (5) working days from the date of discussion with the immediate supervisor. The written grievance submitted shall state the nature of the grievance and the harm or injury caused that initiated the grievance. The employee and the immediate supervisor shall attempt to resolve the grievance. The immediate supervisor shall make a proper disposition of the grievance and shall reply to the employee in writing within five (5) working days following the date of submission. If the grievance is not submitted within the time prescribed, the employee shall be deemed not to have further right with respect to said grievance. The Supervisor shall promptly forward a copy of the grievance to the Personnel Director.
   • Step 2: In the event the employee wishes to appeal the decision in Step 1 or if no decision has been rendered in the time specified, the appeal must be presented in writing to the next administrative officer at the central office of higher rank than the grievant's immediate supervisor. Such appeal shall be presented within five (5) working days of the Step 1 decision. Such appeal shall contain a statement of the grievance and specific references to the action taken causing the grievance. The administrative officer shall schedule a meeting with the employee within ten (10) working days of its receipt to attempt to resolve the grievance. Notice of the conference shall be given to all parties involved in an alleged grievance. The administrative officer shall issue a written decision to the grievant within five (5) working days after the conference. Unless the grievance shall be so appealed, it shall be deemed to have been settled and the grievant shall have no further right with respect to said grievance.
   • Step 3: In the event the grievant wishes to appeal the decision at Step 2, the appeal must be presented to the Superintendent in writing within five (5) working days of the receipt of the Step 2 decision. A copy of the Step 3 appeal, together with Step 1 and Step 2 decisions shall be submitted to the Superintendent. Within fifteen (15) days of the receipt of the written appeal, the Superintendent or his/her designee shall schedule a hearing and send proper notice of the scheduled hearing to the grievant. The Superintendent or designee, at the date and time specified, shall conduct a full hearing on the grievance, and in doing so, maintain a transcript of the proceedings. Following the hearing the Superintendent or designee shall make a written recommendation for disposition of the grievance and provide a copy of the transcript to the School Board at a meeting of the Board. The grievant shall receive a copy of the Superintendent's written recommendation.
   • Step 4: After reviewing the transcript of the grievance hearing and the recommendation of the Superintendent or designee, the Board then shall dispose of the grievance.
3. Miscellaneous
   1. A grievance may  be  withdrawn  at   any   level   without   prejudice   or   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 and the Personnel Director.
   3. 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.
   4. Appeals of grievance decisions will be limited to the specific issues raised in the original grievance. The parties involved 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 employee to meet the timelines and requirements of this procedure shall result in dismissal of his grievance. Failure by the administrative person rendering the decision to meet timelines and requirements of this procedure shall allow the grievant, at his/her option, to proceed to the next level of appeal. 
   6. If the 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. 
4. 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 Steps 2 and 3.
   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. Failure to provide notice shall result in the denial of representation at the given level.

Revised: December, 1995

Revised: May, 1996

Ref:     La. Rev. Stat. Ann. §17:100.4 Pickering v. Board of Education, 88 S. Ct. 1731 (1968) Board minutes, 3­14­96

St. Mary Parish School Board