FILE:  GAMC

Cf:  GAK, JDA, JGCE

Cf:  JCED, JCED-AP

 

INVESTIGATIONS

 

 

GENERAL INVESTIGATIONS

 

Concerns about serious situations or conditions within the school system are to be reported to the Superintendent or his/her designee.  The Superintendent’s designees to whom complaints of unlawful discrimination, other than complaints of violation of Title IX, are the Chief Operating Officer and the Chief Academic Officer.  Complaints regarding violation of Title IX of the Education Amendments of 1972 are to be reported to the School Board’s Title IX Coordinator per policies JCED, Title IX and Sexual Harassment, and JCED-AP, Title IX and Sexual Harassment Administrative Procedures.  Should the Superintendent determine that the situation/condition warrants investigation, or should investigation be required by law or School Board policy, the Superintendent shall have the matter investigated by appointing appropriate staff personnel (one or more persons) to make the necessary inquiries.  At the conclusion of the investigation, a report shall be prepared for submission to the Superintendent.

 

No School Board member shall participate in any manner in an investigation.

 

In a 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 Calcasieu 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 such other suitable location within the parish as might be appropriate and convenient in the investigation.

 

During any such employee interview, the employee may have legal representation if desired by the employee, but said representation shall be at no cost to the Calcasieu Parish School Board.

 

PUBLIC ANNOUNCEMENT OF EMPLOYEE DISCIPLINE

 

The Calcasieu 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 the results of the investigation.  The Superintendent may promulgate such administrative regulations 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, and termination.

 

If the allegations fall within the definition of abuse as defined in School Board policy JGCE, Child Abuse, 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.  Such reporting shall be made and applied in conjunction with the procedures outlined in this policy.

 

INVESTIGATION PROCEDURES

 

These procedures apply to matters for which investigation procedures are not otherwise provided in Calcasieu Parish School Board policies.  For example, investigation of certain complaints of sexual harassment shall be conducted pursuant to policies JCED, Title IX and Sexual Harassment and JCED-AP, Title IX and Sexual Harassment Administrative Procedure.

 

Investigations under policy GAMC, Investigations shall be handled as follows:

 

  1. 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 Board policy.

  2. A person, including an employee, who believes that he/she has been the subjected to unlawful discrimination, or unlawfully excluded from participation in or denied the benefits of a School Board program or activity based upon protected status, may file a complaint with the Title IX Coordinator, the Chief Academic Office, the Chief Operating Officer, or the Superintendent of the Calcasieu Parish School Board.  The complaint shall be promptly investigated.

  3. The investigation shall be conducted by the Superintendent or his/her designee.  These rules contemplate 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.  Individuals against whom a complaint is made shall be notified of the complaint and shall be given an opportunity to respond.  Both the complainant and the respondent shall be interviewed.

  4. Unless circumstances delay the proceedings, the investigation shall be completed within thirty (30) calendar days from receipt of the complaint.

  5. 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 within a reasonable period of time in light of the circumstances of the alleged complaint.

  6. If the complaint is substantiated, appropriate action to address the complaint may be taken in accordance with School Board policy, based upon investigative evidence gathered.  Disciplinary action against a respondent may include reprimand, suspension, demotion, or other disciplinary action up to and including 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.

 

CONFIDENTIALITY

 

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.

 

Recoded:  November, 2006 Revised:  August, 2012
Revised:  September, 2009 Revised:  March 9, 2021

 

 

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

Board minutes, 2-6-07, 1-12-10, 10-2-12, 3-9-21

 

Calcasieu Parish School Board