DGBA (TSBVI) Personnel-Management Relations: Employee Complaints/Grievances


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.  Informal resolution and mediation shall be encouraged but shall not extend any deadlines in this policy without mutual written consent.


TSBVI’s employment policy provides each employee with the right to present grievances individually or collectively concerning wages, hours of employment, or conditions of work to supervisors and the Board in accordance with the procedures of this and related policies.  Employees shall not communicate with a Board member on issues pending a hearing or an appeal related to the employee.

This policy may not restrict the ability of an employee to communicate directly with a member of the Board regarding a matter that is not a complaint or grievance.

This policy shall govern all issues or complaints not otherwise covered by any other specific policies or laws.  Educ. Code 11.1513.


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

  1. Procedures and information regarding sexual harassment and other illegal discrimination (based on sex, race, color, religion, national origin, age or disability and retaliation) by other employees are found at DIA 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 School 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 EF.


Complaint or Grievance

A grievance is a step by step process that an employee must follow to get his or her complaint addressed. In this process the formal complaint moves from one level of authority to progressively higher levels. (See Level One, Two, and Three in this policy)

The terms “complaint” and “grievance” shall have the same meaning, and within this policy may be used interchangeably.  A complaint or 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, or the termination or discipline of any employee except that the term “grievance” does not include a proposed or actual termination of an employee under contract.
  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.


The employee, employees, or organization filing a grievance.


The person or persons against whom a grievance may be, or has been brought.


Termination is a complete severance of the employment relationship between employer and employee.


For contract employees, demotion is a voluntary or involuntary assignment to a lower pay grade.

For classified employees, demotion is a change from one classification to another classification title in a salary group with a lower minimum salary rate.


Any negative action imposed upon an employee for violation of directives or School rules, policies, or regulations.


At all levels of the grievance process, the employees(s) filing the grievance may be represented at the employee’s own expense by a fellow employee, attorney, or person or organization that does not claim the right to strike.


At Levels One, Two, and Three, “response” shall mean a written communication to the employee from the appropriate administrator.   Responses may be hand-delivered, sent by electronic communication to the employee’s e-mail address of record, or sent by U.S. Mail to the employee’s mailing address of record. Mailed responses shall be timely if they are postmarked by U.S. Mail on or before the deadline.


The definition of “day” means calendar day unless otherwise defined in law or Board policy.

In computing any period of time prescribed or allowed by this policy, the day of the aggrieved act, event, or default after which the designated period of time begins to run is not to be included.  The last day of the period is to be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday.  Saturdays,

Sundays and legal holidays shall not be counted for any purpose in any time period of five days or less in this policy (or applicable law).  The day on which a grievance is filed is not to be counted in calculating the designated period of time.  If a complaint is received by mail, the date of the filing is the date of the postmark.

Texas Rules of Court, Part I, Rule 4.

Any extension to the stated timelines in this policy shall be considered on a case by case basis as stated in the Timelines section of this policy.

Immediate Supervisor

The principal, director, administrator, or other line supervisor in the employee’s chain of command who has responsibility for direct supervision of the employee and has the authority to initiate action on the employee.


The term “Board” or “Board of Trustees” shall mean the Governing Board of the Texas School for the Blind and Visually Impaired (TSBVI) or a subcommittee of the Board consisting of at least five members.

Record of Proceedings

An appeal of the Board’s decision to the Commissioner when applicable shall be decided based on a review of the record developed at the Board hearing.  “Record” includes, at a minimum, an audible electronic recording or written transcript of all oral testimony or argument.  Education Code 7.057(c), (f)

It is the School’s responsibility to make and preserve the evidence and record of the proceedings before the Board.  If the School fails to create and preserve the record without good cause, all substantial evidence issues that require missing portions of the record for resolution shall be deemed against the School.  The record shall include:

  1. a tape recording or a transcript of the hearing at the local level.  If a tape recording is used, the tape recording must be complete, audible, and clear; and each speaker must be clearly identified.
  2. All evidence admitted;
  3. All offers of proof;
  4. All written pleadings, motions, and intermediate rulings;
  5. A description of matters officially noticed;
  6. If applicable, the decision of the hearing examiner;
  7. A tape recording or transcript of the oral argument before the Board; and
  8. The decision of the Board.

19 TAC 157.1073(d)


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

Employees shall be provided with a copy of this policy and instructed in proper procedures for filing complaints and grievances during new employee orientation.  Grievances and complaints may be subject to public disclosure pursuant to the Public Information Act or the Freedom of Information Act.

Gov’t Code; 552, 5 U.S.C. Sec 552


The amount of time for filing and decision making under this policy is intended to provide for a prompt, yet thorough, review and resolution of grievances.  Parties must adhere to this timeline in order to ensure the benefits of participating in this process.  However, should the Director of Human Resources determine that special circumstances or the nature of the grievance are such that additional time will allow for a more meaningful, well-supported resolution of the matter, then the Director may grant an extension of a specific amount of time.  The Director shall deliver written notice of the extension of time to all parties and the Superintendent.

If the grieving employee does not submit a written request to move the grievance forward within the specified time period and is not granted an extension prior to the passing of that deadline, it will be assumed the employee is satisfied and the grievance will be discontinued.

If the immediate supervisor or the next-level supervisor fails to deliver a written response or decision within the specified time period and is not granted an extension of time prior to the passing of that deadline, the grievance will automatically advance to the next level of review.

The Director of Human Resources shall record and maintain the timeline associated with each grievance.

Untimely Filings

All time limits shall be strictly followed unless modified by mutual written consent.

If a complaint form or appeal notice is not timely filed, the complaint may be dismissed, on written notice to the employee, at any point during the complaint process. The employee may appeal the dismissal by seeking review in writing within ten days from the date of the written dismissal notice, starting at the level at which the complaint was dismissed. Such appeal shall be limited to the issue of timeliness.

Audio Recording

The employee shall be permitted to make an audio recording of a conference or hearing under this policy at which the substance of the employee’s complaint is discussed.  The employee shall notify all attendees present that an audio recording is taking place.  The School is not required to provide equipment for the employee to make the recording.  Education Code 11.171(b)

If an audio recording is made by the employee of the administrator or supervisor hearing the grievance, a copy of the recording shall be maintained with the Level One, Level Two, and Level Three records.


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 supervisor, Superintendent, or Board hearing the complaint at any level may be assisted by the Human Resources Director, School Attorney or other member of the administration.
  3. Each party shall pay for its own costs related to the grievance process.
  4. TSBVI cannot deny an employee’s representative, including an attorney, the right to represent the employee at any stage of the grievance procedure, so long as the employee designates the representative and the representative does not claim the right to strike.  Lubbock Prof’l Firefighters v. City of Lubbock, 742 S.W.2d 413 (Tex. App.—Amarillo 1987, writ ref’d n.r.e.); Sayre v. Mullins, 681 S.W.2d 25 (Tex. 1984).
  5. TSBVI should meet with employees or their designated representatives at reasonable times and places to hear grievances concerning wages, hours of work, and conditions of work.  The right to present grievances is satisfied if employees have access to those in a position of authority to air their grievances.  However, that authority is under no legal compulsion to take action to rectify the matter.  Atty. Gen. Op. H-422 (1974); Corpus Christi Indep. Sch. Dist. v. Padilla, 709 S.W.2d 700 (Tex. App.—Corpus Christi, 1986, no writ)
  6. Telephone Representative:  TSBVI’s grievance policy provides for representation and  permits an employee’s representative to represent the employee through a telephone conference call at any formal grievance proceeding, hearing, or conference at which the employee is entitled to representation according to the policy.  This provision applies to grievances under Education Code 11.171(a).
  7. Scheduling Conferences: TSBVI shall make reasonable attempts to schedule conferences at a mutually agreeable time. If the employee fails to appear at a scheduled conference, TSBVI may hold the conference and issue a decision in the employee’s absence.

Education Code 11.171(a), (c)

Freedom from Retaliation

No retaliation of any kind shall be taken at any level against any employee for filing a grievance or participating as a witness or representative in the processing of a grievance under this policy. 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.

Grievances shall not be referred to in an employee’s personnel file unless so requested by the employee or ordered by the hearing officer if necessary for the execution of the decision.

Whistleblower Complaints

Employees who allege adverse employment action in retaliation for reporting a violation of law to an appropriate authority shall first initiate a complaint under policy DG within the time specified by law and may be made directly to the Superintendent or designee beginning at level 3. Timelines under policy may be shortened to allow the Board to make a final decision within 60 calendar days from initiation of complaint.  In all such cases, if there is a conflict between federal and/or state case and/or statutory law and this policy, federal case and/or statutory law, followed by state case and/or statutory law, shall take precedence over this policy, in the order named.  Gov’t Code 554.006

Complaints Against Supervisors About Violation of Law

This policy permits an employee to report a grievance against a supervisor to a different supervisor if the employee alleges that the supervisor violated the law in the workplace or unlawfully harassed the employee, or retaliated.

Complaints alleging a supervisor’s violation of law may be made to the Superintendent beginning at Level II.  A complaint alleging a violation of law by the Superintendent may be made directly to the Board beginning at Level III.

Complaints Against Other Employees

With rare exceptions, most employee complaints about other employees must be addressed as a supervisory issue and not the grievance process.

Requests for exceptions should be addressed to the Superintendent and will be decided by the Superintendent on a case-by-case basis.

Complaints of sexual harassment (regardless of whether against a supervisor or against another employee) will always be handled by this grievance process and do not require exception approval by the Superintendent.

Costs Incurred

Each party shall pay its own costs incurred in the course of the complaint.

Complaint and Appeal Forms

Complaints and appeals under this policy shall be submitted in writing on a form provided by the School.

Copies of any documents that support the complaint should be attached to the complaint form. If the employee does not have copies of these documents, they may be presented at the Level One conference. After the Level One conference, no new documents may be submitted by the employee or the administration unless the employee or the administration did not know the documents existed before the Level One conference.

A complaint or appeal form that is incomplete in any material aspect may be dismissed but may be refiled with all the required information if the refiling is within the designated time for filing.

Consolidating Grievances

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


Filing Grievances

An employee having a complaint shall initiate the complaint process with the Human Resources Director within ten 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:


Prior to the time the employee files a Level One Complaint, the employee and the supervisor(s) shall attempt to resolve the problem informally (here titled the “informal problem solving conference”).

Within five days of initiating the complaint process with the Human Resources Director, the employee shall contact the employee’s direct supervisor and request a conference to attempt to resolve the complaint orally with the supervisor.  The supervisor must schedule the conference to occur within five days of the employee’s request for an informal problem solving conference.

The supervisor to whom the employee brings the complaint shall summarize both the employee’s complaint and the supervisor’s determination in writing and present it to the employee within ten days of the conference, subject to the exception below (see TIMELINES).

If the complaint is a complaint of sexual harassment, the employee may seek resolution either with the Human Resources Director, School Division Director, Principal, or the Superintendent.   The Human Resources Director may direct the employee to the appropriate supervisor or administrator to bring the complaint.

A grievant may withdraw his/her grievance at any time along the process.


Level One: Immediate Supervisor and/or Higher Level Administrators

If the employee is not satisfied with the results of the informal problem solving conference, a written

grievance may be filed with the Director of Human Resources

within ten days from the time the supervisor notifies the employee in writing of the summary/outcome of the informal problem solving conference.

The written grievance must contain all of the information requested in the grievance form Exhibit A: Employee Complaint Form-Level One (Policy DGBA-E).  The written grievance must include the administrator’s written response from the informal problem solving conference.

Any grievance that is incomplete when filed shall be returned to the grievant who shall then have five days to refile the grievance.  If the grievance is refiled without containing all necessary information, or is incomplete in any material manner, it may be dismissed.

The Human Resources Director, with input from the administration, will designate the supervisor to hear the complaint at this level based on the nature of the complaint and any other relevant factors. The Human Resources Director will notify the designated supervisor of the complaint and provide the supervisor with a copy of the grievant’s Level One Complaint Form.

The designated supervisor will conduct a conference with the grievant within five days of receiving the Level One Complaint Form. At the grievance Level I conference, the supervisor shall discuss the grievance with the grievant(s), the grievant(s) representative, if any, take any evidence, either documentary, oral, or both, and respond in writing within ten days after the meeting.

The respondent shall deliver a copy of the written response by completing the Response to Level One Complaint Exhibit B (Policy DGBA-E) to the grievant in person or by certified mail or return receipt requested. Copies will also be provided to the grievant’s representative and to the Director of Human Resources.

Level Two:  Appeal to a Principal or Division Director

If the employee is not satisfied with the response to the Level One Complaint, the employee may appeal the outcome to the employee’s Principal or Division Director in accordance with the Level One grievance procedure.  The Director of Human Resources shall inform the grievant as to which supervisor the grievant may appeal. The same time lines as those for the Level One Complaint shall apply. This appeal must be completed on Exhibit C Level Two Appeal Notice (Policy DGBA-E.).

The Principal or Division Director must respond to the grievant in writing, completing the Response to Level Two Appeal (Exhibit D, Policy DGBA-E) within ten days after the meeting.

Level Three: Appeal to Superintendent [or Designee]

If the decision of the Level Two respondent does not satisfy the grievant, the grievant may file a written notice of appeal with the Director of Human Resources within ten days of the date upon which the Level Two decision was delivered to the employee, officially requesting a Level Three hearing with the Superintendent.  This appeal must be completed on Exhibit E Level Three Appeal Notice (Policy DGBA-E).  Upon receipt of the appeal, the HR Director shall notify the Superintendent.

The Superintendent may designate another administrator at the second tier of the School’s administration to address the grievance if the exigencies of the Superintendent’s duties or other compelling reasons prevent the Superintendent from addressing the grievance.

The Director of Human Resources shall provide to the Superintendent (or designee) the written complaint, any supporting records, and the completed Level Two Response Form (Exhibit D Policy DGBA-E).

The Superintendent or designee shall conduct a meeting with the grievant within five days to hear the grievant’s appeal.  The Superintendent may, but is not required to, take testimony and accept evidence supporting the grievant or the Level One supervisor’s decision(s).

The Superintendent or designee must respond to the grievant in writing, completing the Response to Level Three Appeal (Exhibit F, Policy DGBA-E) within ten days after the meeting.

The Superintendent or designee shall deliver a copy of the response to the grievant by either hand, e-mail, or certified mail, return receipt requested. Copies shall also be provided to the grievant’s representative and to the Human Resources Director.

Level Four: Appeal to the Board

If the outcome with the Superintendent is not to the employee’s satisfaction, the employee may appeal the decision of the Superintendent to the Board by providing the Superintendent with written notification of the intent to appeal to the Board, completing Level Four Appeal Notice, (Exhibit G, Policy DGBA-E).  The grieving employee must file this notice of appeal to the Superintendent within fifteen calendar days of receiving the Superintendent’s response.

Upon receipt of such written notification, the Superintendent, in consultation with the Board President, 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, in which case the matter shall be placed on the following regularly scheduled meeting.

The Superintendent shall inform the employee of the date, time, and place of the Board meeting.

Procedures for appeals to the Board as described in this policy shall be provided to the grievant by the Superintendent’s office upon request.

The Board shall electronically record any open or closed session of the grievance hearing. Presentations shall be limited to twenty minutes per side unless extended by the Board President.

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.

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.

The Board may determine that additional information is needed to arrive at a decision. The Board will inform the grievant and the Superintendent as to the information needed, and postpone a decision to the next scheduled or specially called session of the Board. The Board may at its own discretion postpone a decision to a later date.

A decision by the Board to take no action upholds the administrative decision of the Superintendent.  Announcing the Board’s decision in the employee’s presence constitutes communicating the decision.

If the Board does make a decision, the Board may, at its own discretion, issue a written response at a later date.

There will be no further appeal or re-hearing within the grievance process of the Texas School for the Blind and Visually Impaired.


A person may appeal the decision of the Board to the Commissioner of Education if the person is aggrieved by an action or decision of the Board that violates the school laws of Texas or violates a provision of a written employment contract between the School and the School employee, if such violation causes or would cause monetary harm to the employee. Educ. Code 7.057


As an alternative to the process presented above, an employee complaint may be addressed through voluntary 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 training in mediation as an alternative dispute resolution technique.
  3. Costs associated with alternative mediation will be paid by the School.
  4. Any party to the complaint who is not satisfied with the mediation process or outcome may return to the grievance process described above.
  5. The Superintendent shall have the right to participate in or review any agreements reached in mediation before they are considered final.


United States Constitution

The School shall take no action abridging the freedom of speech or the right of the people to petition the Board for redress of grievances.  U.S. Const. Amend. I, XIV

The Board may confine its meetings to specified subject matter and may hold nonpublic sessions to transact business.  But when the Board sits in public meetings to conduct public business and hear the views of citizens, it may not discriminate between speakers on the basis of the content of their speech or the message conveyed.  Rosenberger v. Rector & Visitors of Univ. of Virginia, 515 U.S. 819, 828 (1995); City of Madison v. Wis. Emp. Rel. Comm’n, 429 U.S. 167, 174 (1976); Pickering v. Bd. of Educ., 391 U.S. 563, 568 (1968)  [See DG]

Texas Constitution

Employees shall have the right, in a peaceable manner, to assemble together for their common good and to 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

There is no requirement that the Board negotiate or even respond to complaints.  However, the Board must stop, look, and listen and must consider the petition, address, or remonstrance.  Prof’l Ass’n of College Educators v. El Paso County Cmty. [College] District, 678 S.W.2d 94 (Tex. App.—El Paso 1984, writ ref’d n.r.e.)

Federal Laws

Section 504

Because TSBVI receives federal financial assistance, directly or indirectly, and employs 15 or more persons, the School’s grievance procedures incorporate appropriate due process standards that provide for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act of 1973.  34 C.F.R. 104.7(b), .11

Americans with Disabilities Act

Because TSBVI employs 50 or more persons, the School adopted and published grievance procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by the Code of Federal Regulations, Title 28, Part 35 (Americans with Disabilities Act regulations).  28 C.F.R. 35.107, .140

Title IX

Because TSBVI receives federal financial assistance, , the School  adopted and published grievance procedures providing for prompt and equitable resolution of employee complaints alleging any action prohibited by Title IX of the Education Amendments of 1972.  34 C.F.R. 106.8(b); North Haven Bd. of Educ. v. Bell, 456 U.S. 512 (1982)


Wages, Hours, Conditions of Work

The prohibition against collective bargaining and strikes [see DGA] does not impair the right of employees to present grievances concerning their wages, hours of employment, or conditions of work, either individually, collectively, or through a representative that does not claim the right to strike.  Gov’t Code 617.005 Lubbock Prof’l Firefighters v. City of Lubbock, 742 S.W.2d 413 (Tex. App.—Amarillo 1987, writ ref’d n.r.e.)  The term “conditions of work” should be construed broadly to include any area of wages, hours or conditions of employment, and any other matter that is appropriate for communications from employees to employer concerning an aspect of their relationship.  Atty. Gen. Op. JM-177 (1984); Corpus Christi Fed. of Teachers v. Corpus Christi Indep. Sch. Dist., 572 S.W.2d 663 (Tex. 1978)


An examination or course grade issued by a classroom teacher is final and may not be changed unless the grade is arbitrary, erroneous, or not consistent with the School’s grading policy applicable to the grade, as determined by the board.

A board’s determination regarding classroom grades is not subject to appeal.  Education Code 28.0214


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) (violation of procedural rules, faulty data used, or flawed observation reports timely rebutted by teacher); 19 TAC 149


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 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 President of the Board may appoint a subcommittee of the Board, consisting of five or more Board members, to consider the written complaint and respond.  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, 10/3/14, 11/21/14, 8/9/18