Louisiana Department of Education                                              Employee Policies

Special School District (SSD)                                                           Effective Date: 8/12/2013

 

Grievances (Classified Employees)

 

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Applicability

 

This policy applies to classified employees of LSS. Classified employees of SSP will follow the Department of Education’s Grievance Policy. Unclassified employees of both LSS and SSP will follow the Grievance Policy for Unclassified employees.

 

General Provisions

 

 

 

 

 

 

 

 

 

 

 

 

Matters That May Be Grieved

 

This policy applies to all classified employee complaints, except as follows:

 

 

 

 

 

Summary Disposition of a Grievance

 

An appointing authority, including a delegated appointing authority, may summarily dispose of a grievance, if:

 

 

 

 

 

 

 

 

 

 

When an appointing authority dismisses a grievance, he or she shall notify the grievant and any supervisor or section head who received the grievance.

 

Entering the Grievance Process

 

Employees shall enter the grievance process at the step wherein their immediate supervisor is identified as the person designated to receive the grievance. In cases where a grievance is lodged against the employee’s supervisor, where the supervisor does not have authority to grant relief, or where other extenuating circumstances exist, the employee may proceed to the next step, but must show good cause for not using the chain of command to attempt to resolve the complaint. The fact that the employee prefers not to go through the chain of command is not good cause.  The supervisor, at the requested step, shall review the grievance justification for bypassing the lower step(s) and either act on the grievance or return the grievance to the lower level.

 

Processing a Grievance

 

Grievances must be submitted on the appropriate grievance form.  Grievances must comply with procedures and timelines established in this policy.  Failure to comply with procedures and/or timelines, except for documented extensions or extenuating circumstances, shall:

 

 

 

Informal Step

 

Grievances should be resolved at the lowest supervisory level possible, through informal conversations between employees and supervisors. We expect that employees will discuss their issues with their supervisor, and give the supervisor time to address the matter, before filing a formal grievance. 

 

First Formal Step

 

If informal discussion does not resolve the matter, the grievant may, within 15 work days of the date the grievant became aware, or should have become aware, of the cause of the grievance, file a formal grievance with the Department Head.

 

The Department Head shall arrange to meet with the grievant within 10 work days from receipt of the grievance.  The Department Head shall afford the grievant an opportunity to present his/her viewpoints and shall attempt to resolve the grievance, which may include involving all parties concerned in a discussion of the grievance.  A written report containing any decision reached shall be rendered within 5 work days of the meeting.  The grievant shall be entitled to submit a written statement to supplement the report.  The report, grievance, and any supplement thereto shall be maintained on file by the Department Head and Human Resources.

 

Second Formal Step

 

In the event the decision in the First Formal Step does not satisfy the grievant, or if a decision is not rendered within the prescribed time limit, the grievant may within 5 work days of the decision or expiration of the time limit for a response, present his/her grievance to his/her Division Head or School Director.

 

The Division Head shall arrange to meet with the grievant within 10 work days from receipt of the grievance.  The Division Head or School Director shall afford the grievant an opportunity to present his/her viewpoints and shall attempt to resolve the grievance, which may include involving all parties concerned in a discussion of the grievance.  A written report containing any decision reached shall be rendered within 5 work days of the meeting.  The grievant shall be entitled to submit a written statement to supplement the report.  The report, grievance, and any supplement thereto shall be maintained on file by the School or Division Head and Human Resources.

 

Third Formal Step

 

In the event the decision in the Second Formal Step does not satisfy the grievant or if a decision is not rendered within the prescribed time limit for the Second Formal Step, the grievant may present to the LSS Superintendent his/her grievance in writing within 5 work days of the written decision or expiration of the time limit for a response.

 

The LSS Superintendent shall arrange to meet with the grievant within 15 work days from receipt of the grievance.  The grievant shall be afforded an opportunity to present his/her viewpoints and there shall be an effort to resolve the grievance by both parties.  In the attempt to resolve the grievance, the LSS Superintendent or designee may require involved parties to participate in the proceedings.

 

A written report containing any decision reached shall be rendered by the LSS Superintendent within 10 work days of the meeting.  The grievant shall be entitled to submit a written statement to supplement the report.  The report, grievance, and any supplement thereto shall be maintained on file by the LSS Superintendent and Human Resources.

 

Fourth Formal Step

 

In the event the decision by the LSS Superintendent does not satisfy the grievant or if a decision is not rendered within the prescribed time limit for the Third Formal Step, the grievant may present to the SSD Superintendent his/her grievance in writing, within 5 work days of the written decision or expiration of the time limit for a response.

 

The SSD Superintendent shall arrange to meet with the grievant within 15 work days from receipt of the grievance.  The grievant shall be afforded an opportunity to present his/her viewpoints and there shall be an effort to resolve the grievance by both parties.  In the attempt to resolve the grievance, the SSD Superintendent or designee may require involved parties to participate in the proceedings.

 

A written report containing any decision reached shall be rendered by the SSD Superintendent within 10 work days of the meeting.  The grievant shall be entitled to submit a written statement to supplement the report.  The report, grievance, and any supplement thereto shall be maintained on file by the SSD Superintendent and Human Resources.

 

Fifth Formal Step

 

In the event that the decision of the SSD Superintendent does not satisfy the grievant or if a decision is not rendered within the prescribed time limit, the grievant may present to the State Superintendent of Education his/her grievance in writing, within 7 work days of the written decision or expiration of the time limit for a response.

 

Such presentation shall include any written response to the SSD Superintendent’s decision concerning the grievance.  The SSD Superintendent shall submit a copy of the report and any supplemental written statement about the grievance to the State Superintendent or designee.

 

The State Superintendent or designee may:

 

 

 

A decision will be sent to all parties to the grievance.