FILE:  GAE

Cf:  JAAA, JCEA

 

NON-TITLE IX GRIEVANCE PROCEDURES FOR EMPLOYEES,

STUDENTS, AND PARENTS/GUARDIANS

 

 

TITLE VI AND AGE DISCRIMINATION COMPLAINTS FOR EMPLOYEES, STUDENTS AND PARENTS/GUARDIANS

 

These procedures apply to complaints alleging a violation of Title VI (discrimination on the basis of race, color, national origin, including racial harassment), and the Age Discrimination Act (discrimination on the basis of age).

 

This policy shall not apply to sexual harassment complaints made pursuant to Title IX of the Education Amendments of 1972 (Title IX) and Part 106 of Title 34 of the United States Code of Federal Regulations.  Any such Title IX complaints shall be subject to the Grievance Procedure developed and maintained by the Superintendent or his/her designee under the provisions of policy JAAA, Title IX Sexual Harassment.

 

Title VI provides that “No person in the United States shall, on the ground of race, color, or national origin by excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance” from the U.S. Department of Education.

 

The Age Discrimination Act provides that “No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance” from the U.S. Department of Education.

 

The following procedure will be utilized in the below listed sequence to resolve complaints pertaining to alleged violations of Title VI, and the Age Discrimination Act as administered by the Bossier Parish School Board.  For allegations that employees have been subjected to discrimination, please see Employee Grievance Procedures, Office of Human Resources.

 

  1. Any student, parents of students and/or any other third party involved with the Bossier Parish School Board, Bossier Parish Louisiana; believing his or her rights have been violated under Title VI, or the Age Discrimination Act is encouraged to immediately report the alleged acts of violation to the appropriate center or school level official, i.e., teacher, counselor, assistant principal, principal or any other designated school employee.

  2. Any Administrator or other school personnel who receives notice of an alleged violation of Title VI, or the Age Discrimination Act shall immediately report such allegations(s) to the Buildings Level Administrator for investigation and resolution.

  3. The allegation, having been investigated, reviewed, and discussed with the opportunity to present witnesses and other evidence, may be upheld and necessary corrective action taken to preclude reoccurrence, or the allegation may be dismissed as having no substance as a violation and the matter closed.  Complainants will be notified in writing within five (5) business days of the decision by the Buildings Level Administrator.  (Each allegation will be recorded, filed, and retained by the Buildings Level Administrator.)

  4. The complainant, if not receiving desired satisfaction in step Three (3), may request in writing an appeal of the school-level decision with the Director of Student Services/Title IX Coordinator, Bossier Parish School Board, P. O. Box 2000, Benton, Louisiana; telephone number (318) 549-5010, within five (5) working days after receiving the written decision by the Building Level Administrator.  The complainant may present witnesses and other evidence as described in step Three.

  5. The complainant, if not receiving desired satisfaction in step Four (4), may request (to the Director of Student Services/Title IX Coordinator) an appeal with the superintendent of schools.  (Request for the appeal will be made by the Director of Student Services/Title IX Coordinator who will obtain the appointment within ten (10) working days of receipt of request, at a date and time mutually agreeable to all parties).  The complainant may present witnesses and other evidence as described in step Three.

  6. The complainant, if not receiving desired satisfaction I step Five (5), may request in writing to the Superintendent an appeal before the Administrative Committee of the Bossier Parish School Board for reconsideration of the appeal decision by the Superintendent of Schools.  This appointment will be made by the Superintendent of Schools within ten (10) working days, and the complainant will be notified of the appointment by U.S. Mail.  The complainant may present witnesses and other evidence as described in step Three.

  7. The Administrative Committee of the Bossier Parish School Board will present its recommendation to the full board for final resolution.  The complainant will be notified in writing of the final decision within five (5) working days of the decision by the Bossier Parish School Board.

  8. The Bossier Parish School Board prohibits retaliation against any individuals that file complaints of participates in investigation of complaints.  Bossier Parish School Board provides assurance that steps will be taken to prevent recurrence of any form of harassment and to correct its discriminatory effects on the complainant and others if appropriated.

 

BOSSIER PARISH SCHOOL BOARD NOTICE OF NON-DISCRIMINATION

 

The following statement is presented for information to all students, parents of students, employees of the Bossier Parish School Board, and/or any other third party involved with the Bossier Parish School Board, Bossier Parish, Louisiana.  This notice is to be permanently posted and displayed in a prominent place within each Bossier Parish School Board facility.

 

The Bossier Parish School Board fully demonstrates its intent to comply with the requirements Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, nationality; Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disability the Age Discrimination Act of 1975 which prohibits discrimination on the basis of age.  The Bossier Parish School Board also provides equal access to the Boy Scouts and other designated youth groups.

 

The Bossier Parish School Board does not discriminate on the basis of race, color, national origin, sex, disability, or age in its programs and activities and provides equal access to the Boy Scouts and other designated groups.

 

PROCEDURES FOR EMPLOYEE GRIEVANCE NOT RELATED TO TITLE IX, TITLE VI AND AGE DISCRIMINATION COMPLAINTS

 

Any employee of the Bossier Parish School Board 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

 

  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, administrative regulation or procedure.  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., promotions, employee lack of certification, discipline, terminations, rebuttal to observation, any reduction of personnel action, etc.)

    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.


  2. A grievant is the person making the claim.

  3. 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.

 

Level 1

 

After informally and thoroughly discussing any grievance with the employee’s immediate supervisor or principal, and the immediate department director, upon reaching no satisfactory resolution of the grievance, the employee shall promptly present the grievance in writing to the immediate supervisor or principal and the immediate department director.  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 and the immediate supervisor or principal and the immediate department director shall meet and attempt to resolve the grievance.  The immediate supervisor or principal and the immediate department director shall make a proper disposition of 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.

 

Level 2

 

If the employee is not satisfied with the disposition of the grievance by the principal or the immediate supervisor, of 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, or his/her representative may submit to the Director of Human Resources a written request for a Level 1 review together with a copy of the written decision rendered in Level 1.  If the employee 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 employee and the Director of Human Resources shall schedule a meeting at a mutually agreeable time within then (10) working days after receipt of the request for review.  After conducting a thorough investigation of the matter, the Director of Human Resources shall meet with the employee, and together, with all information presented, attempt to resolve the grievance.

 

The Director of Human Resources shall, within five (5) working days after the meeting with the employee, provide a written notice to the employee of the disposition of the grievance based upon the facts presented.  The date of receipt by the employee of the written notice of the disposition shall be documented in the file.

 

Level 3

 

If the employee is not satisfied with the disposition of the grievance by the principal or the immediate supervisor and the immediate department director, or if no decision has been rendered in the time specified, then within five (5) working days of receipt of the decision from the Director of Human Resources, the employee, or his/her representative may submit to the Superintendent or his/her designee a written appeal of the Level 2 decision, together with a copy of the written decision rendered in Level 2.  If the employee fails to appeal the Level 2 decision within the time limit set out above, he/she shall have no further right to proceed through the complaint/grievance process.

 

The Superintendent of designee shall within five (5) working days provide a written notice to the employee of the disposition of the grievance based upon the file presented to the Superintendent or designee.  The date of receipt by the employee of the written notice of the disposition shall be documented in the file.

 

Level 4

 

If the employee is not satisfied with the written notice of disposition of the grievance by the Superintendent or designee, the employee 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 fails to request a hearing within the time limit set out above, the employee 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 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.

 

Level 5

 

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 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 shall be given to the employee and to the individuals who rendered the Level 1, Level 2, and Level 3 decisions.  The School Board’s action shall be final.

 

MISCELLANEOUS

 

  1. 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.

  2. Copies of all written decisions of grievances shall be sent to all parties involved.

  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 School Board policy.

  4. 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.

 

    1. Failure by the grievant to meet the timelines and requirements of this procedure shall result in dismissal of his/her 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.

    2. If an employee leaves the employment of the School 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 for the grievance shall have the right to present his/her own grievance.  Grievant have the right to have representation at all levels in the process above Level 1.

 

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.

 

Revised:  May 16, 2013

Revised:  September, 2017

Revised:  August 6, 2020

 

 

Ref:    La. Rev. Stat. Ann. §17:100.4

Pickering v. Board of Education, 88 S. Ct. 1731 (1968)

Board minutes, 5-16-13, 8-6-20

 

Bossier Parish School Board