Regulation GAE-R(1): Complaints and Grievances - Employees

Purpose All employees have the right to present and resolve complaints relating to certain matters affecting the employment relationship. This document establishes the District's complaint procedures for all employees.

1. Definitions

2. Administrator - a supervisory individual who presides over and makes decisions with respect to complaints. The Employee Relations Department is the superintendent's official designee to manage workplace disputes, including coordinating level one, two, and three hearings.

3. Level one administrator - complainant's immediate supervisor, unless the superintendent names another administrator.

4. Level two administrator - a member of the central office administrative staff designated by the superintendent or the Employee Relations Department.

5. Complaint/Grievances - any claim by an employee who is affected by an alleged violation, misinterpretation, or misapplication of statutes, policies, rules, regulations, or written agreements of the board with which the administration is required to comply.

6. Complainant - any certified employee of the board who files a complaint pursuant to this policy.

7. LUA - Local Board of Education.

8. Time Limits

Any complaint must be made in writing to the immediate supervisor no later than 10 days from the act prompting the complaint or no later than 10 days of the most recent occurrence.

| Complaint Level - Administrator | Number of Days to File | Number of Days for the District to Hear the Case and Respond | | --- | --- | --- | | Level One - supervisor | 10 days (from incident) | 10 | | Level Two - central office | 10 days (from receipt of level one decision) | 10 | | Level Three -hearing officer | 10 (from receipt of level two decision) | 25 |

1. The total timeframe for the proceedings, from complaint filing to level three board decision delivery, must not exceed 60 calendar days. This provision may be mutually waived in writing, which extends the overall timeframe to 120 days.

2. Any complaint not processed within the timeframe required by this policy will automatically be escalated to the next level designated in this policy.

3. Complaint Requirements

4. Submitted on a completed Complaints/Grievances form. (See GAE-E(1).

5. The complaint must be filed with the Employee Relations Department by certified or U.S. Mail, e-mail, facsimile or hand-delivery.

6. A complaint cannot be filed for:

7. Personnel Evaluation, job performance ratings or professional development plans.

8. Termination, non-renewal, demotion, suspension or reprimands.

9. The revocation, suspension or denial of an employee's certification.

10. A matter already presented directly to the Board.

11. Sexual harassment or hostile work environment complaints which should follow the procedures outlined in Board Policy GAEB.

12. Notice

13. Notice of receipt by the district will be via certified or U.S. Mail, e-mail, facsimile or hand-delivery.

14. Notice of complaint updates, including how the complaint is being addressed, complaint resolution or complaint closure can be sent by e-mail. If the complaint does not include an e-mail address or physical address, the complainant's last known address or e-mail address on file with the Human Resources Division will be used. If the notice is sent by certified mail, it is considered delivered when put in the United States mail. It must be adequately addressed and contain adequate postage.

15. Notice of dismissal for complaints not filed within 10 days from the incident or that cannot be considered under this policy, will be delivered by e-mail.

16. Level One Hearing

17. Upon receipt, the Employee Relations Department will document the complaint filing date. If Employee Relations determines that the complainant did not attempt to resolve the matter at the lowest level possible, the complaint can be sent to the local school or department to address. If the complaint includes excluded topics described in Section three of this regulation, the complaint will be dismissed.

18. If appropriate, a level one hearing will be scheduled with a written notice provided to the complainant of the time and place of the hearing. Such notice will be delivered via e-mail to the complainant at least five calendar days prior to the date of the hearing.

19. At the hearing, the complainant will be afforded an opportunity to be heard, present evidence, and examine witnesses. The level one administrator may consider evidence from any source the administrator deems relevant. In cases where another employee is accused of acting improperly, that employee may be a witness.

20. The written decision of the level one administrator must:

21. Be made and mailed to the complainant within 10 calendar days of the complaint filing date.

22. Include "Finding of Facts", the decision made, and the reasons for that decision.

23. Level Two Hearing - Appeal from Level One

24. A complainant who is dissatisfied with the level one decision may appeal to the level two administrator.

25. The appeal must clearly state the issues involved and the reasons why the complainant is dissatisfied with the level one decision. The Employee Relations Department will document the appeal's filing date.

26. If the appeal is filed within ten days of the lower decision, a level two hearing will be scheduled. The level two administrator will deliver notice at least five days prior to the hearing date, which includes the time and place of the hearing.

27. The level two administrator will obtain a record of the proceedings and evidence introduced at the level one hearing, and a copy of the complaint. The administrator must conduct a hearing within 10 calendar days of the date of the filing of the appeal.

28. The complainant:

29. Will be afforded an opportunity to be heard.

30. Cannot present new evidence. If there are new witnesses, the complainant must provide in writing the witnesses' names and the matters of the witnesses' expected testimony.

31. The level two administrator may consider evidence from any relevant source. In cases where another employee is accused of acting improperly, that employee will be a witness.

32. The written decision of the level two administrator must:

33. Be made and mailed to the complainant within 10 calendar days of the complaint filing

34. Be dated

35. Include "Finding of Facts", the decision made, and the reasons for that decision.

36. Level Three Hearing - Certified Employees Only

37. A complainant, who is a certified employee and is dissatisfied with the level two administrator's decision, may appeal to the board. The appeal must clearly state the issues involved and reasons the complainant is dissatisfied with the previous decision

38. Appeal Process

39. A representative from the Employee Relations Department will document the appeal date and give it to the Board Office. 

40. If the appeal is filed in a timely manner, the Employee Relations Department will set a meeting time, date and place, to conduct a level three hearing at least five calendar days before the hearing date.

41. The Board will designate a hearing officer to conduct the level three hearing.

42. Hearing Process

43. The level three hearing must be conducted by the board within 10 calendar days of the date the appeal is filed.

44. At the hearing, the complainant must present the case as if it had not been presented before without presenting any new evidence.

45. The board can consider evidence from any other source it deems relevant. In cases where another employee is accused of acting improperly, that employee will always be a witness.

46. Within 10 calendar days of the hearing decision must deliver its written findings of fact, decision, and reasons for that decision to the superintendent.

47. The written decision must be made and delivered to the complainant no later than 60 calendar days after the initial complaint was filed.

48. Appeals to the State Board of Education - Certified Employees Only A complainant, who is a certified employee and is dissatisfied with the board's decision, can appeal that decision to the State Board of Education. Such appeals are governed by the applicable State Board policy and O.C.G.A. § 20-2-1160.

49. Record

50. All proceedings must be recorded, and all evidence preserved. The record of the proceedings and the evidence introduced must always be made available to the complainant and the administrators.

51. The recording of the level two and three hearings may be done by a third party, but not level one.

52. Representation

53. At a level one hearing, the presence of any individual other than the complainant, the level one administrator, and witnesses called to testify by either of them is prohibited.

54. At level two and level three hearings, the complainant and the administration are entitled to the presence of an individual of their choice to assist in case presentation.

55. Nothing in this regulation will be interpreted as authorizing or permitting collective bargaining by or on behalf of any employee or group of employees.

56. Costs

The board will pay the cost of preparing and preserving the record of the proceedings conducted under this policy. All other costs and fees, including legal fees, must be paid by the party incurring them unless otherwise agreed upon by the parties involved.

1. Reprisals

A complainant will not be subject to any retaliation for filing a complaint under this policy. Should any such retaliation occur, the complainant can refer the matter to the Professional Standards Commission.