DGBA: Personnel-Management Relations: Employee Complaints/Grievances

Added

• grievance (replacing 'complaint' throughout the entire policy, including all headings and body text)
• Other Complaint Grievance Process (section heading update)
• Whistleblower Grievances (section heading update)
• Complaints Grievances Against Supervisors (section heading update)
• Complaint Grievance And Appeal Forms (section heading update)
• Consolidating Grievances (section heading update)
• Complaint Grievance And Appeal Forms (section heading update)
• Recusal: A District employee or Board member involved in reviewing a grievance must recuse himself or herself from the review process if that employee or Board member is the subject of the grievance. If a Board member files a grievance, he or she shall be prohibited from voting on matters related to that grievance. If the designated administrator at any level of the review process is required to recuse himself or herself, the grievance shall be subject to a higher level of review.
• Grievance Record: At each level of the grievance review process, a record shall be created and retained by the District. This record shall include: 1. Documents submitted by the person who filed the grievance or determined relevant by school district personnel; and 2. A written record of the decision, including an explanation of the basis for the decision and an indication of each document that supports the decision. The person who filed the grievance may supplement the record with additional documents or add additional claims.
• Remand: At any time, a grievance may be remanded to a lower level of review to develop a record, including when a grievance is pending before the Board of Trustees.
• Decisions Made on the Merits: At each level in the grievance review process, the District shall issue a decision on the merits of the concern raised in the grievance, notwithstanding procedural errors or the type of relief requested.
• Level One filing deadline changed to: Within 60 calendar days of the date the employee first knew or had reason to know of the facts giving rise to the grievance, or the later of: A. 90 calendar days of the date the employee first knew or had reason to know of the facts giving rise to the grievance if the employee engaged in informal attempts to resolve the grievance, or B. 30 calendar days from the date on which the District provided information to the grievant regarding how to file the grievance
• Level One item 2: With the principal's or principal's designee's office at the school campus at which the student attends or at which the facts giving rise to the grievance occurred, or, for a grievance that arises from a subject matter unrelated to a campus, with an administrator at the District's central office.
• In most circumstances, employees on a school campus shall file Level One grievances with the campus principal; other District employees shall file Level One grievances with their immediate supervisor.
• If the only administrator who has authority to remedy the alleged problem is the Superintendent or designee or the grievance arises from subject matter unrelated to a specific campus, the grievance may begin at Level Two following the procedure, including deadlines, for filing the grievance form at Level One.
• the principal, designee, or other appropriate administrator (replacing 'hearing officer' in Level One investigation and conference scheduling language)
• The written response shall set forth the basis of the decision, any relief or redress to be provided and information regarding filing an appeal, including the timeline for filing such appeal under this policy and under Texas Education Code § 7.057, as applicable. (added to Level One written response requirement)
• Level One written response deadline changed to 20 calendar days following the conference
• The designated Level Two administrator shall be the Superintendent or the Superintendent's designee at the District's central office.
• Level Two appeal notice deadline changed to 20 calendar days
• Level Two written response requirement: The written response shall set forth the basis of the decision, any relief or redress to be provided and information regarding filing an appeal, including the timeline for filing such appeal under this policy and under Texas Education Code § 7.057, as applicable.
• Superintendent or designee (replacing 'Level Two hearing officer' throughout Level Two provisions)
• appropriate administrator (replacing references to 'legal office' and 'hearing officer and the legal office' in Level Two forwarding provisions)
• Level Three appeal notice deadline changed to 20 calendar days
• The Board may delegate the authority to hear and decide a grievance to a committee of at least three members composed only of members of the Board. For purposes of an appeal to the Commissioner of Education under Texas Education Code § 7.057, a decision by this committee constitutes a decision of the Board.
• Superintendent or designee (replacing 'legal office' in Level Three notification and record-forwarding provisions)
• The Board or its committee must hold a meeting to discuss the grievance not later than the 60th day after the date on which the previous decision on the grievance was made.
• The Board shall make and give notice of its decision not later than the 30th day after the date on which the Board or its committee considers the grievance.
• The employee may request that the hearing or meeting at which the meeting will be discussed be open or closed, unless otherwise required by law. If the employee does not make this request, the Board shall determine whether the grievance will be presented in open or closed meeting in accordance with the Texas Open Meetings Act and other applicable law.
• Report to TEA: The District shall annually submit to TEA a report on grievances filed in the District during the preceding year. For each grievance included on the report, the District shall include the resolution of the grievance and any corrective action taken.
• Availability of Policy: The following shall be made available in a prominent location on the District's website and included in the Student Handbook: This policy; The grievance and appeal forms referenced in this policy; The method by which a grievance may be filed electronically.
• Appeal To Commissioner: Except as may be provided to the contrary by state or federal law or other District policies, Level Three decisions by the Board may be appealed to the Commissioner of Education.
• administration (replacing 'Board of Trustees' in Level Three evidence notice provision)
• Superintendent or designee (replacing 'administration' in Level Three evidence notice provision)
• description notice of the nature of the evidence or other information the Board intends to rely on at least five days before the hearing (replacing 'three' days)
• Level Three document restriction notice period changed to five days (from three)