DGBA - PERSONNEL-MANAGEMENT RELATIONS: EMPLOYEE COMPLAINTS

PURPOSE OF POLICY

The purpose of this policy is to provide employees an orderly process for the prompt and equitable resolution of complaints. The Board intends that, whenever feasible, complaints be resolved at the lowest possible administrative level.

DEFINITION OF COMPLAINT

The terms "complaint" and "grievance" shall have the same meaning. A grievance under this policy may include, but shall not be limited to, any of the following:

  1. Grievances concerning an employee's wages, hours, or conditions of work.
  2. Specific allegations of unlawful discrimination in employment on the basis of sex (including allegations of sexual harassment), race, religion, national origin, age, or disability.
  3. Specific allegations of unlawful discrimination or retaliation on the basis of the employee's exercise of constitutional rights.
  4. Whistleblower complaints.

OTHER REVIEW PROCESSES

Some topics are governed by other review processes which may offer alternative options as follows:

  1. Procedures and information regarding sexual harassment by other employees are found at DHC and information regarding federal nondiscrimination is found at DAA.
  2. An employee's dismissal or nonrenewal may be the subject of a grievance under this policy only if the District does not otherwise provide for a review of the matter.
  3. Grievances regarding suspension without pay of a contractual employee are governed under the DF series.
  4. Grievances regarding termination of an employment contract governed by Chapter 21 of the Education Code are governed under the DF series.
  5. Grievances regarding instructional materials are governed by Board Policy EFA.

INFORMATION FOR EMPLOYEES

The Director of Human Resources shall be responsible for informing all employees of TSBVI's employee complaints and grievances policy and for responding to any employee questions or inquiries about the policy.

Employees shall be provided with a copy of the policy and instructed in proper procedures for filing complaints and grievances during new employee orientation.

GENERAL PROVISIONS - RIGHT TO REPRESENTATION

  1. A School employee, or a group of employees, may be represented in a grievance presentation at any level through an attorney, or through any other person, or organization, that does not claim the right to strike.
  2. The representative of the administration hearing the complaint at any level may be assisted by the Human Resources Director, School Attorney or other member of the administration.
  3. The employee(s) bringing a complaint shall pay for all costs related to making the employee's presentation of the complaint.

Consolidation

All complaints arising out of an event, or related series of events, must be addressed in one complaint. An employee is precluded from bringing separate, or serial complaints concerning events about which the employee has previously complained. When the Superintendent determines that two, or more, individual complaints are sufficiently similar in nature and remedy to permit their resolution through one proceeding, he/she may consolidate the complaints.

Freedom from Retaliation

Neither the Board, nor the administrator, shall unlawfully retaliate against any employee for bringing a complaint under this policy. (See DG) Retaliation means instigating, implementing or condoning adverse treatment of a person because he/she:

  1. reports a violation (whether perceived or actual) of state or federal laws, rule or regulation, or school policy regarding discrimination or any form of harassment;
  2. provides information related to such violation (e.g., complaint of discrimination or harassment); or
  3. assists or participates in an investigation of such violation.

COMPLAINT PROCESS

An employee having a complaint shall initiate the complaint process with the Human Resources Director within fourteen calendar days of the time the employee first knew, or should have known, of the event, or series of events, causing the complaint. The Human Resources Director shall explain to the employee the process of bringing the complaint as follows:

IMMEDIATE SUPERVISOR

  1. Within seven calendar days of initiating the complaint process with the Human Resources Director, the employee shall schedule a conference to attempt to resolve the complaint orally with the employee's direct supervisor, or, if the complaint is against a supervisor in the chain of command above the direct supervisor, with this person; except, however:
    1. if the complaint is a complaint of sexual harassment, the employee may seek resolution either with the Human Resources Director or the employee's supervisor; or
    2. if the complaint is of a nature that does not involve a matter under the employee's supervisor's supervision, the Human Resources Director shall direct the employee to the appropriate supervisor or administrator to bring the complaint. The supervisor to whom the employee brings the complaint shall summarize both the employee's complaint and the determination in writing and present it to the employee within seven calendar days of the conference subject to the exception below (see EXCEPTION TO TIMELINES).

OTHER ADMINISTRATORS

  1. If the complaint was not resolved orally between the employee and the direct supervisor or other person to whom the employee complained:
    1. Within seven calendar days of receiving the written determination of the complaint, the employee will be required to submit the employee's complaint in writing on the "Employee Complaint" form prescribed by the School to the supervisor(s) designated by the Human Resources Director. (See DGBA-E) (The Human Resources Director, with input from the administration, will designate the supervisor(s) to hear the complaint at this level based on the nature of the complaint and any other relevant factors.)
    2. Within three calendar days of receiving an "Employee Complaint" form, the designated supervisor or administrator shall schedule a conference with the employee at which they may present information and ask questions in an attempt to resolve the complaint.
    3. The designated supervisor or administrator shall prepare a determination of the complaint in writing and present it to the employee within seven calendar days of the conference subject to the exception below (see EXCEPTION TO TIMELINES).

SUPERINTENDENT

  1. If the complaint was not previously resolved:
    1. Within seven calendar days of receiving the written determination of the complaint, the employee may appeal the decision to the Superintendent by presenting a 1) copy of the "Employee Complaint", 2) a copy of the determination of the designated supervisor or administrator; and 3) any comments about the determination the employee may wish to make.
    2. Within three calendar days of receiving this information, the Superintendent shall schedule a conference with the employee at which the employee and the Superintendent may present information and ask questions in an attempt to resolve the complaint.
    3. The Superintendent shall prepare a determination of the complaint in writing and present it to the employee within seven calendar days of the conference subject to the exception below (see EXCEPTION TO TIMELINES).

Upon the determination of the Human Resources Director that the Superintendent is the appropriate first level of the grievance, the employee shall schedule a conference with the Superintendent within seven days and must submit the employee's complaint in writing on the "Employee Complaint" form either prior to or at the conference.

BOARD

  1. If the outcome with the Superintendent is not to the employee's satisfaction:
    1. The employee may appeal the decision of the Superintendent by providing the Superintendent with written notification of the intent to appeal to the Board. Upon receipt of such written notification, the Superintendent shall place the employee's complaint on the agenda of the next regularly scheduled Board meeting for which the deadline for submission of the agenda to the Texas Register in accordance with the requirements of the Texas Open Meetings Act has not passed. At the regularly scheduled meeting, the Board shall listen to the complaint, but is not required to respond or take any action on the matter. No action by the Board upholds the administrative decision of the Superintendent.
    2. The Board shall grant a further hearing on the employee's complaint when a hearing is required by law and may grant a hearing on any other complaint. If the board determines to give the employee a further hearing on the complaint, the hearing may be conducted at that meeting or placed on the agenda for the next regularly scheduled board meeting. If the hearing is placed on the agenda of the next regularly scheduled Board meeting, the Superintendent shall inform the employee of the date, time, and place of the meeting. The Board President may set reasonable time limits on the hearing. Announcing a decision in the employee's presence constitutes communicating the decision.
    3. If the complaint involves the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the employee bringing the complaint, it shall be heard by the Board in closed meeting, unless the employee bringing the complaint requests it to be heard in public. However, if the complaint constitutes a complaint or charge against another TSBVI employee, it shall be heard in closed meeting unless an open hearing is requested in writing by the employee against whom the complaint, or charge, is brought.

NO REQUEST TO CONTINUE COMPLAINT

If the employee does not meet stated timelines to pursue the complaint at any level of the process, the complaint shall be considered concluded.

EXCEPTIONS TO TIMELINES

  1. If the person hearing the employee's complaint determines that it not possible to respond to the employee within seven calendar days of the complaint conference due to his/her absence, inadequate time to complete an investigation, or another compelling reason, the person will notify the employee.
  2. The employee has seven days after receiving a response to appeal to the next level, unless extended by consent of the person hearing the complaint at any part of the complaint process.

MEDIATION ALTERNATIVE

As an alternative to the process presented above, an employee complaint may be addressed through mediation under the following conditions:

  1. All parties to the complaint must agree to participate in the mediation.
  2. The mediation will be conducted by a neutral individual who has completed appropriate training in alternative dispute resolution techniques.
  3. Any party to the complaint who is not satisfied with the mediation process or outcome may return to the Level One, Two, and Three process described above.
  4. The Superintendent shall have the right to participate in, or review, any agreements reached in mediation before they are considered final.

LEGAL REFERENCES

LEGAL AUTHORITY FOR EMPLOYEE COMPLAINTS - ASSEMBLY

Employees shall have the right, in a peaceable manner, to assemble together for their common goals and apply to those invested with the powers of government for redress of grievances or other purposes, by petition, address, or remonstrance.

Tex. Const., Art. I, Sec. 27

COMPLAINTS

The prohibition against collective bargaining shall not impair employee's rights to present grievances concerning their wages, hours of employment, or conditions of work, either individually, or through a representative, that does not claim the right to strike.

Gov't Code 617.005

BOARD MEETING PRESENTATION

The Board shall provide an opportunity at its regular meetings for employees to present their complaints, or grievances, for Board consideration.

Prof. Ass'n of Coll. Educ. v. El Paso Comm. Coll., 678 S.W.2d 94 (Tex.App. - El Paso 1984, writ ref'd, n.r.e.)

NO ADMINISTRATIVE ACTION REQUIRED

An employee's legal right to present a grievance is satisfied at each level when someone in a position of authority hears the employee's concern; however, that authority is under no legal compulsion to take action to rectify the matter. Att'y Gen. Op. H-422 (1974); Corpus Christi ISD v. Padilla, 709 S.W.2d 700 (Tex.App.--Corpus Christi, 1986, no writ)

504 COMPLAINTS

Employees may present complaints alleging any action prohibited by Section 504 of the Rehabilitation Act of 1973, or alleging sex discrimination in employment practices. 34 C.F.R. 104.7; 34 C.F.R. 106.8(b)

APPRAISALS

Employees may present grievances regarding the appraisal process and shall receive a written response. The Board has the authority to review the educational judgment of an appraiser regarding denial of credit and may award credit if the appraiser's educational judgment was clearly erroneous, or an abuse of discretion.

Navarro v. Ysleta ISD, Comm. of Ed. Dec. 007-R-8-988 (1994)

RIGHT TO REPRESENTATION

An employee, or a group of employees, may be represented in a grievance presentation at any level through an attorney, or through any other person, or organization, that does not claim the right to strike.

Gov't Code 617.005; Corpus Christi Fed. of Teachers v. Corpus Christi ISD, 572 S.W.2d 663 (Tex. 1978); Sayre v. Mullins, 681 S.W.2d 25 (Tex. 1984); Lubbock Professional Firefighters v. City of Lubbock, 742 S.W.2d 413 (Tex. App.--Amarillo, writ ref'd n.r.e.)

COMPLANTS RELATED TO VETERAN'S EMPLOYMENT PREFERENCE

Appeal of Decision Related to Hiring or Reduction in Force

An individual entitled to a veteran's employment preference under Government Code Chapter 657 who is aggrieved by a decision of a the School relating to hiring the individual, or relating to retaining the individual if the School reduces its workforce, may appeal the decision by filing a written complaint with the TSBVI Board of Trustees.

Response to Complaint

When the TSBVI Board of Trustees receives a written complaint pursuant to the paragraph above, the Board shall respond to the complaint not later than the 15th business day after the Board receives the complaint. The Board may render a different hiring decision than the decision that is the subject of the complaint if the Board determines that the veteran's preference was not applied.

Government Code 657.010(a), (b)

Adopted: 4/20/83

Amended: 9/9/83, 2/14/86, 9/26/86, 1/14/88, 9/15/88, 11/30/90, 9/27/91, 5/28/92, 1/29/93, 3/25/94, 11/18/94, 5/26/95, 8/1/97, 1/24/02, 5/28/03, 5/25/04, 11/16/07

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