Cf: GAK, GBRA, JAAA
Cf: JCEA, JGCE
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 written report shall be prepared for submission to the Superintendent.
No School Board member shall participate in any investigation undertaken in the school system.
In any required investigation, and 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 East Baton Rouge 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 a designated location to provide information relative to the investigation.
During any such employee interview, including an interview of a respondent, employees may have legal representation if desired by the employee, but said representation shall be at no cost to the School Board.
PUBLIC ANNOUNCEMENT OF EMPLOYEE DISCIPLINE
The East Baton Rouge Parish School Board, in accordance with state law, shall provide for an investigation of an employee, in cases where the School 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 Investigation 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 School 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 OR MORAL OFFENSES
If an employee is accused of impermissible corporal punishment, or of a moral offense involving a student, a prompt, thorough investigation shall be conducted by the Superintendent or designee. The investigation shall proceed as outlined below under Investigation 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 and procedures as he/she deems necessary to implement this policy. Any employee found to have violated the provisions of School 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 the allegation falls within the definition of abuse as defined in state law, 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 School Board policy (see policy JGCE, Child Abuse). Such reporting shall be made and applied in conjunction with the procedures outlined in this policy.
TITLE IX INVESTIGATIONS AND STUDENT REPORTS OF SEXUAL HARASSMENT
Any investigation involving unlawful discrimination against persons on the basis of sex, or persons unlawfully excluded from participation in or denied benefits of a School Board program or activity in violation of Title IX of the Education Amendments of 1972 (Title IX) and Part 106 of Title 34 of the United States Code of Federal Regulations shall be conducted under the applicable provisions of Title IX in accordance with the procedures developed and maintained for the Title IX Coordinator or his/her designee. Such complaints may be filed with the Title IX Coordinator, or the Superintendent or designee. Reports and complaints made by students of sexual harassment as defined in Part 106 of Title 34 of the United States Code of Federal Regulations shall be investigated under the provisions of policy JAAA, Title IX Grievance Procedures for Student Reports or Complaints of Sexual Harassment.
Notwithstanding any statute or other School Board policy, any incident as described above or complaint relative to employee conduct shall be handled as follows:
The Superintendent or his/her designee may order such investigation
to be conducted in each instance as is warranted by the circumstances,
and shall conduct an investigation when required by law or School
The investigation shall be conducted by the Superintendent or
his/her designee. This policy contemplates 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.
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.
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.
If a complaint is substantiated, appropriate action to address the complaint may be taken in accordance with School Board policy based upon the investigative evidence gathered. Appropriate disciplinary action may include termination of employment. Any disciplinary action shall be placed in the offender's personnel file which will reflect the action taken and the grounds thereof.
The School Board shall attempt to protect the privacy of the complainant and the respondent, but confidentiality is not guaranteed. Information regarding the complaint and identities of complainants, respondents, and witnesses may be revealed as permitted or required by law, and as is necessary to conduct the investigation and enforce the consequences of the investigation.
Revised: July, 2012
Revised: August 20, 2020
Ref: 34 CFR 106 et seq. (Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance)
La. Rev. Stat. Ann. §§14:403, 17:81, 17:81.6, 17:81.8, 17:223
Board minutes, 9-18-14, 8-20-20
East Baton Rouge Parish School Board