FILE:  GAMC

Cf:  GAK, JDA, JGCE

 

EMPLOYEE INVESTIGATIONS

 

 

GENERAL INVESTIGATIONS

 

Concerns about serious situations or conditions within the school system should be reported to the Superintendent or his/her designee.  Should the Superintendent determine that the situation/condition warrants investigation, he/she shall have the matter investigated by appointing appropriate staff personnel (one or more persons) to make the necessary inquiries.  At the conclusion of their investigation, a report shall be prepared for submission to the Superintendent.

 

Any investigation undertaken in the school system shall be conducted in accordance with the following stipulations:

 

  1. No Board member shall participate in any manner in an investigation.

  2. The Superintendent shall use every means possible to protect School Board personnel from unwarranted personal criticism.

 

In any investigation into incidents involving accidents or injuries to students or employees, or involving student misconduct, or the competence, honesty or performance of duties of employees, all employees of the Avoyelles Parish School Board shall, upon reasonable request by the Superintendent or his/her designee, give a statement of the facts and circumstances within the employee's knowledge, or an accounting of the employee's conduct concerning the circumstances which are the subject of the investigation or are related to the matter being investigated.

 

If deemed appropriate by the Superintendent or his/her designee in the conduct of such investigation, employees shall, upon reasonable notification, appear at the offices of the Superintendent or at such other suitable location within the parish as might be appropriate and convenient in the investigation.

 

During any such employee interview, the employee may have legal representation if desired by the employee, but said representation shall be at no cost to the Avoyelles Parish School Board.

 

PUBLIC ANNOUNCEMENT OF EMPLOYEE DISCIPLINE

 

The Avoyelles Parish School Board, in accordance with state law, shall provide for an investigation of an employee, in cases where the Board has made a public announcement that an employee may be disciplined, whether or not there is an accompanying reduction in pay.  The investigation shall proceed as outlined below under Reporting Procedures.  Not later than thirty (30) days after the conclusion of the investigation and prior to any disciplinary action, the employee may appear, if he/she so determines, before the School Board in open session and be given a reasonable time, as determined by the Board, to comment on the investigation and any actions taken or proposed to be taken involving the employee.

 

These provisions shall not be applicable to any reduction of personnel initiated by the Superintendent.

 

IMPERMISSIBLE CORPORAL PUNISHMENT/MORAL OFFENSES

 

Complaints which could lead to the investigation of an employee accused of impermissible corporal punishment or moral offenses involving students shall be brought directly to the attention of the Superintendent.

 

After notification of the complaint, a confidential investigation shall be immediately initiated by the Superintendent or designee to gather all facts about the complaint.  The investigation shall proceed as outlined below under Reporting Procedures.  A written report of the results of the investigation shall be prepared, and the employee shall be provided with a copy of such report.  The Superintendent may promulgate such administrative regulations as he/she deems necessary to implement this policy.  Any employee found to have violated the provisions of Board policy shall be disciplined by such means as appropriate to the incident, including reprimand, suspension, termination, and/or referral to the local child protection agency/law enforcement.

 

If criminal violations are uncovered during the investigation, appropriate reports shall be made to law enforcement authorities.  If the allegation falls within the definition of abuse as defined in Board policy JGCE, Child Abuse, then all school employees with knowledge of such incidents become mandatory reporters and the allegations must be reported to child protection or law enforcement as provided by state law and Board policy.  Such reporting shall be made and applied in conjunction with the procedures outlined in this policy. 

 

REPORTING PROCEDURES

 

Notwithstanding any statute or other Board policy, any complaint relative to employee conduct shall be handled as follows:

 

  1. The Superintendent or his/her designee may order such investigation to be conducted in each instance as is warranted by the circumstances.

  2. The investigation shall be conducted by the Superintendent or his/her designee.  These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to the complaint.  Staff members or students may be interviewed if it is deemed essential to the investigation.

  3. The Superintendent or his/her designee shall confer with each accused employee’s immediate supervisor concerning the results of the investigation and the immediate supervisor shall discuss the matter with the employee.

  4. A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the Superintendent or designee and a copy forwarded to the complainant no later than (30) days after its filing.

  5. If charges are substantiated, disciplinary action may be taken in accordance with Board policy, based upon investigative evidence gathered, which may include termination of employment of the employee. Any disciplinary action shall be placed in the offender's personnel file which will reflect the action taken and the grounds thereof.

 

Revised:  September, 2009

Revised:  September 4, 2012

 

 

Ref:    La. Rev. Stat. Ann. §§14:403, 17:81, 17:81.6, 17:81.8

Board minutes, 10-6-09, 9-4-12

 

Avoyelles Parish School Board