Section 1 - Purpose
The purpose of this procedure is to provide a way for the Dougherty County Board of Education and its employees to reach solutions to problems, disputes, or controversies that may occur relating to Title IX. It is the intent of this procedure to provide in a clear and concise way for the solution of problems at the lowest possible administrative level, as fairly and as expeditiously as possible.
Section 2 - Definitions
(a) Grievance - Grievance shall mean a claim by an employee of a violation, a misapplication, or a misinterpretation of the statutes, board policies, rules, or regulations of Title IX under which such employee works, specifying that which is claimed to be violated and the specifics of such violation. The term "grievance" shall not apply to any matter for which (1) the method of review is prescribed by law, or (2) the Board of Education is without authority to act.
(b) Employee - Employee shall mean any person hired by the Board of Education to perform services, either full or part-time.
(c) Days - Days shall mean working days, exclusive of Saturday, Sunday, or official holidays.
(d) Immediate Supervisor - Immediate Supervisor is that employee possessing that degree of administrative authority next in rank above any grievant.
(e) Parties in Interest - All persons involved in the processing of the grievance.
Section 3 - Procedure
It is the desire of the Dougherty County Board of Education that a grievance be processed as rapidly as possible. Therefore, the number of days indicated at each level shall be considered as a maximum, and every effort shall be made to expedite the process. If a grievance is filed which might not be finally resolved under the time limits set forth herein prior to the end of the school year and which, if left unresolved until the beginning of the following school year, could result in irreparable harm to a grievant, the time limit set forth herein will be reduced to the extent possible so that the grievance procedure may be concluded prior to the end of school.
In the process established below, the following representation and assistance may be utilized at each level as stipulated:
- Information Discussion -- informal discussion between parties concerned.
- Level One -- Employee must present the grievance in person.
- Level Two & Three -- Employee may be accompanied by a fellow employee.
- Level Four -- Employee may be represented by anyone of his choosing, and the employee must be present.
The employee must indicate with filing at each level who will accompany or represent employee in any meetings.
No reprisals of any kind shall be taken by the Dougherty County Board of Education or by any member of the administration against any grievant, any representative, or any other participation in the grievance procedure by reason of such participation.
All decisions rendered at all levels of the Grievance Procedure shall be in writing setting forth the decision and the reasons thereof and shall be transmitted promptly to all parties in interest, except at the informal state of Level One.
Grievances shall be processed in a manner that does not interfere with the employee's work and the normal operation of the schools. Grievances shall first be discussed by the grievant informally with the employee's immediate supervisor.
In the event that the grievance is not resolved informally, then, a formal grievance must be lodged in writing by the employee with the employee's immediate supervisor. Such grievance shall be lodged within ten days of the occurrence of the event, or knowledge of the event upon which the grievance is based. Any discussion with the supervisor concerning the grievance shall be by the employee in his/her own behalf. Within ten days the supervisor shall state decision in writing to the appropriate parties.
Within five days of receiving the decision of the supervisor, the aggrieved employee may appeal the decision to the next administrative level. The appeal shall be in writing.
Within five days of receipt of the appeal, the administrator receiving the appeal shall try to adjust or resolve the grievance amicably.
Within five days of receiving the decision of the administrator at Level Two, the employee may appeal his decision to the Superintendent of Schools and the Title IX Grievance Committee in writing and signed by the grievant. The Superintendent and Committee may choose to:
review all written decisions of previous meetings and issue a written decision within five days to all parties,
conduct a hearing with all persons who participated at Level Two and issue a written statement to all parties within ten days.
Within five days of receiving the decision of the Superintendent and Title IX Grievance Committee, the grievant may appeal the decisions to the Dougherty County School Board in writing and signed by the grievant, through the Superintendent who shall present the grievance to the Board. The Board within a reasonable time shall review all written decision of previous meetings and issue a decision to all parties,
conduct a hearing itself with all persons who participated at Level Three and issue a decision to all parties concerned within ten days of such hearing,
request the U.S. Office of Civil Rights to sit as a tribunal and to hear the case, to furnish the Dougherty County Board of Education with findings of fact, conclusions of law and recommendations in accordance with the provisions of Title IX.
Nothing in this policy ad procedure shall preclude an employee from exercising his rights underexisting State and/or Federal Laws.