GAE GAE - CERTIFICATED PERSONNEL COMPLAINTS AND GRIEVANCES 1. In accordance with Policy GAE of the State Board of Education adopted August 1988, as amended February 1990, and in implementation of the local Board of Education's duty and authority under O.C.G.A. 20-2-1160, it is the policy of the Baldwin County Board of Education that certified personnel shall have the right to present and resolve complaints relating to certain matters affecting the employment relationship at the lowest organizational level possible. The Baldwin County Board of Education encourages all employees to resolve their complaints informally in a spirit of congeniality where possible. This policy and procedure is available where such efforts do not succeed or, where for any other reason, the certificated employee desires to pursue this procedure. 2. Definitions. a. Complainant. The certificated employee filing a complaint. b. Administrator. The individual designated by the school system to preside over and make decisions with respect to complaints. In the absence of any other designation, the principal shall be the Level One Administrator with respect to all teachers, coaches and other certificated personnel working in and assigned to a school. For all other certificated employees, the Superintendent shall be the Level One Administrator. The Superintendent shall be the Level Two Administrator. c. Central Office Administrator. Central Office administrator means the school system Superintendent. 3. Right to Make Complaint: Scope. Any certificated employee who is affected in his/her employment relationship by an alleged violation or misapplication of statutes, policies, rules, or regulations governing the school system shall have the right to pursue a complaint. However, the complaint procedure shall not extend to the following: a. The termination, non-renewal, demotion, suspension, or reprimand of the employee as set forth in the Fair Dismissal Law, O.C.G.A. 20-2-940, et seq. b. Personnel evaluations and professional development plans pursuant to O.C.G.A. 20-2-210 and job performance. c. The revocation, suspension or denial of certificates of any employee as set forth in O.C.G.A. 20-2-790, et seq. d. Complaints with respect to the employment contract. 4. First Level; Presentation; Contents. The complaint shall be presented in writing to the Level One Administrator within ten (10) calendar days after the incident or other matter for which the complaint is filed. The complaint shall include the following: a. The mailing address of the Complainant to which notices and all other documents may be mailed; b. The intent of the Complainant to utilize this complaint procedure; c. A reference or description of the statute, policy, rule or regulation that is alleged to have been violated or misapplied; and d. A brief statement of the facts reasonably calculated to show how such statute, policy rule or regulation was violated or misapplied, and how it affects the employment relationship of the Complainant. e. A statement of the relief desired. 5. First Level; Filing; Hearing; Decision. The Level One Administrator shall stamp the date of filing on the complaint. The administrator shall give notice to the Complainant of the time and place of the hearing, either by mail or by being hand-delivered by a person designated by the Superintendent. When notice is given by mail, it shall be sent by certified mail, return receipt requested to the address set forth in the complaint. If no address was included in the Complaint, then the notice shall be sent to the last known address of the Complainant on file with the Baldwin County Board of Education. Where service or notice is made by certified mail as provided above, it shall be deemed to have been perfected when timely deposited in the mail, regardless of whether it was actually received or not. The Complainant shall be afforded an opportunity at the hearing to be heard, to present relevant evidence, and to examine witnesses giving testimony where practicable. The Level One Administrator shall make and retain accurate minutes of all matters considered and shall preserve all evidence presented, all of which shall be available to the parties involved. The decision shall be made on the complaint within ten (10) calendar days of the Complainant's filing, shall be dated, and a copy shall be given to the Complainant in the same manner provided above for the giving of notice of the hearing within not less than twenty (20) days of the decision. The decision shall be dated and set forth the nature of the complaint, the decision made, and a brief statement of the reasons for the resolution reached. Note: For certified personnel such as principals and central office personnel, the Level One Administrator is the Superintendent. Where the initial presentation is to the Superintendent as the first level, any appeal shall be taken directly to the Board of Education in the manner provided in Section 7 hereof. 6. Second Level; Appeal From First Level to Level Two Administrator. A Complainant dissatisfied with the decision from the first level shall be entitled to appeal to the Level Two Administrator or designee, by filing written notice of appeal with the Office of the Superintendent. The appeal must be filed within ten (10) calendar days after the date of the decision from Level One. The Level Two Administrator shall stamp the date of the filing on the appeal and shall notify the Complainant in writing of the time and place of the hearing in the same manner provided for notices under Section 5 above. The Level Two Administrator shall obtain copies of all minutes, documents and other records relating to the complaint and shall conduct a hearing and render decision within ten (10) calendar days of the date of the filing of the appeal. The hearing may be conducted by any designated representative of the Level Two Administrator who shall promptly submit his/her recommendations and findings to the Level Two Administrator for final decision. The Level Two Administrator or his/her representative shall keep accurate minutes of the hearing and preserve all evidence and make it available to the parties involved. The decision shall be made in writing and dated, shall set forth the reasons supporting the decision, and shall be sent by mail or hand-delivered to the Complainant in the same manner as provided in Section 5 above. 7. Third Level; Appeal to Board of Education. A Complainant or Level One Administrator dissatisfied with the decision of the Level Two Administrator may appeal to the Baldwin County Board of Education by filing written notice of appeal with the Office of Superintendent. The appeal must be filed within ten (10) calendar days after the date of the decision. The Superintendent shall stamp the date of filing on the appeal. The appeal shall be heard and determined by the Board within twenty (20) calendar days after filing. The Complainant and Administrators shall be entitled to appear before the Baldwin County Board of Education, or any hearing officer designated by it, and be heard. The Baldwin County Board of Education may direct that a pre-hearing conference be held prior to the hearing to identify issues and facilitate presentation. Notice of the time and place of the hearing/pre-hearing shall be given in the same manner as provided in Section 5 above. The proceedings before the Baldwin County Board of Education or its designated representative shall be recorded, dated, and preserved in such manner as to permit transcribing. The minutes shall be made available to the parties involved. If either party desires a transcription of the proceedings, the party shall have it prepared at the party's cost. 8. Overall Time Limit For Resolution of Complaint. All complaints and the appeals thereon before the Baldwin County Board of Education shall be finally decided within sixty (60) calendar days from the date of filing of the complaint. 9. Representation; Collective Bargaining Not Permitted. The Complainant and the administration are entitled to a representative to assist in the presentation or response to the complaint at the central office administrator (Superintendent) level or Board level. The presence of any individual other than the Complainant and the Administrator at any lower level is prohibited. At the Board of Education level, the Board may have an attorney present to serve as the law officer who shall rule on issues of law but shall not participate in the presentation of the case for the Administrator or the Complainant. Nothing herein shall be interpreted as authorizing or permitting collective bargaining by or on behalf of any employee or group of employees. 10. De Novo Determination; New Evidence. A determination of a complaint made at the lower level shall be considered on appeal, but the complaint, nevertheless, shall be determined by the rendition of a decision thereon which the Superintendent or the Board (as the case may be) would have rendered had the matter been presented to that level at the outset; provided, however, the Complainant cannot present additional evidence at any level after the first level, unless: a. It is determined by the Administrator presiding over the complaint that such evidence is relevant to the issues presented at the initial hearing and such evidence was either not made available by the administration or not discoverable by the Complainant, or ; b. Where the Baldwin County Board notifies the Complainant at least five (5) calendar days prior to the hearing that it will hear the evidence on the complaint anew. Anytime a Complainant is permitted to present additional evidence that was not presented at any prior level and it is determined that such evidence might have produced a different decision on the complaint, then the complaint may be remanded to the previous level for reconsideration and decision which shall be rendered within ten (10) calendar days thereafter. 11. Exhaustion of Remedies; Duplicate Review Prohibited. A certificated employee shall exhaust the procedures and remedies of this policy with respect to all complaints coming within the scope of Section 3, above, except: a. Where the Constitution of the United States supports the right of the employee to present the complaint directly to the Baldwin County Board of Education under O.C.G.A. 20-2-1160. Example: Where the complaint relates to a matter of general public interest as distinguished from one which is primarily of private or personal interest to the Complainant only. b. Where the law of Georgia supports the right of the employee to go directly to the Baldwin County Board of Education under O.C.G.A. 20-2-1160. Example: Where so held by applicable court decision such as Dalton City Board of Education vs. Smith, 256 GA. (1986). c. Where other good cause supports the right of the employee to present the complaint directly to the Baldwin County Board of Education. Example: Where the complaint challenges the validity on its face (rather than as applied) of a policy of the Baldwin County Board or State Board of Education. 12. Costs. All costs and fees shall be borne by the party incurring them unless otherwise agreed upon by the parties involved. 13. Appeals to State Board of Education. Appeals from the decision of the Baldwin County Board of Education to the State Board of Education shall be governed by State Board Policy BCAEA (Appeals Hearings) and O.C.G.A. 20-2-1160. 14. Reprisal. A complainant shall not be subjected to any reprisal as a result of filing a complaint under this policy. Should any reprisal occur, the Complainant may refer the matter to the Professional Practices Commission. 15. Effective Date. This policy shall apply to all complaints relating to incidents or occurrences which took place on or after December 1, 1988. 16. Repealer. All policies and parts of policies in conflict with this policy are hereby repealed. Authority: O.C.G.A.., 20-2-1160, see also 20-2-210; 20-2-790, 20-2-940, et seq. Adopted: June 15, 1977 Revised: November 8, 1988 Revised: February 12, 1980 Revised: January 14, 1988 Revised: August 10 1982 Revised: April 14, 1992 Revised: March 13, 1984 Revised: October 14, 1997 BALDWIN COUNTY BOARD OF EDUCATION