RATIONALE/OBJECTIVE:

The Cobb County Board of Education believes that a Complaint policy for employees will make it easier to resolve problems that may arise between employees and/or supervisors.

RULE:

I. Purpose; Informal Resolution Preferred

It is the intent of this policy to resolve problems and disputes in employment relationships at the lowest possible organizational level with a minimum of conflict and formal proceedings so that good morale may be maintained, effective job performance may be enhanced, and the citizens of the community may be better served. The Board of Education encourages all employees to resolve their Complaints informally in a spirit of collegiality where possible. This policy and procedure is available where such efforts do not succeed, or, where for other reasons, the employee desires to pursue this procedure.

II. Definitions

Administrator: The individual at each level designated by the Cobb County School Board to preside over and make decisions with respect to Complaints.

Complainant: The employee who files a Complaint pursuant to this policy.

Complaint: Any claim by an employee of the Cobb County Board of Education which is filed pursuant to this policy and which comes within the scope of the policy.

Level I Hearing Administrator: The principal of the local school or supervisor of the department/division in which the Complainant is assigned.

Level II Hearing Administrator: The Superintendent or designee.

III. Scope of Complaint; Exclusions

A. Scope. Unless excluded by paragraph (b) hereof, this Complaint and grievance procedure is applicable to any claim by an employee who is affected in his or her employment relationship by an alleged violation, misinterpretation, or misapplication of statutes, policies, rules, regulations, or written agreements of this school district with which the district is required to comply.

B. Exclusions. This procedure shall not apply to:

1. Performance ratings contained in personnel evaluations and professional development plans pursuant to O.C.G.A. ' 20-2-210; performance ratings and personnel evaluations for all employees not covered by O.C.G.A. ' 20-2-210.

2. Job performance;

3. Termination, non-renewal, demotion, suspension, or reprimand of any employee.

4. Revocation, suspension, or denial of certificates of any certified employee, as set forth in O.C.G.A. ' 20-2-790.

C. An employee who chooses to appeal under O.C.G.A. ' 20-2-1160 (School Law Tribunals; Appeals) shall be barred from pursuing the same Complaint under this policy.

IV. Procedures

A. A Complaint by the employee at the initial level shall be in writing and shall clearly state the intent of the employee to access the Complaint policy. All employees shall request in writing successive levels of review.

B. Time Schedules: The Complainant shall be entitled to file a Complaint within ten (10) calendar days from the most recent incident upon which the Complaint is based. The Complainant shall have ten (10) calendar days to file an appeal at any level. The total time frame shall not exceed sixty (60) calendar days from the initiation of the Complaint until notification to the Complainant of the decision rendered by the Cobb County Board of Education.

C. Hearing; Evidence: The Complainant shall be entitled to an opportunity to be heard, to present relevant evidence, and to examine witnesses at each level, but the Complainant may not present additional evidence at Level II or Level III of the Complaint process unless submitted in writing five (5) calendar days prior to the hearing to the Superintendent. When hearing a Level III appeal from Level II, the Cobb County Board of Education shall hear the Complaint de novo.

D. Representation: The Complainant and the administrator against whom the Complaint is filed or whose decision is appealed shall be entitled to the presence of an individual, including an attorney, to assist in the presentation of the Complaint and the response thereof at Level II and Level III of this procedure. The presence of any individual other than the Complainant and the Level I Administrator is specifically prohibited, except witnesses who present testimony or documents.

E. Hearing Officer: The Cobb County Board of Education may appoint an attorney to serve as the law officer who shall rule on issues of law and other objections, but such attorney shall not participate in the presentation of the case for either party.

F. Records: An accurate record of the proceedings shall be kept at each level. The proceeding shall be recorded by mechanical means. All evidence shall be preserved and made available at all times to the parties involved. All costs and fees shall be borne by the party incurring them unless otherwise agreed upon by the parties, except the cost of preparing and preserving the records of proceedings shall be borne by the Cobb County Board of Education; provided however, the cost of transcribing the transcript of evidence and proceedings before the Cobb County Board of Education shall be borne by the party requesting the same, and all costs of the record on appeal to the superior courts and appellate courts shall be paid by the party required to do so by the laws relating thereto.

G. Decisions: Each decision shall be made in writing and dated, and shall contain findings of fact, the decision made, and reasons for the decision. The decision reached at each Complaint level shall be sent to the Complainant by certified mail or hand delivered by a person designated by the Superintendent within ten (10) calendar days of the decision. Notification to the Complainant of the decision shall be deemed to have been made on the date of hand delivery or on the date of deposit in the United States Mail by certified mail, return receipt requested, to the address stated in the Complaint or, if not contained in the Complaint, to the last known address of the Complainant on file with the Board of Education.

H. Automatic Referral to Next Level: Any Complaint not processed by the administrator or the Cobb County Board of Education within the time frames required by this policy shall be forwarded to the next level of the Complaint procedure.

I. Time Limits: The Administrators and the Board of Education shall have the authority to maintain order at any hearings provided under this policy. Time limits may be imposed at the outset of the hearing or at any time during the hearing regarding the presentation of evidence or examination of witnesses.

V. Form of Complaint

The Complaint must be in writing and shall include the following:

A. The mailing address of the Complainant to which notices and all other documents may be delivered;

B. A statement of the intent of the Complainant to utilize this Complaint procedure;

C. A reference to the statute, policy, rule, regulation, or written agreement that is alleged to have been violated, misapplied, or misinterpreted;

D. A brief statement of the facts on which the Complaint is based that explains how such statute, policy, rule, regulation or written agreement was violated, misapplied, or misinterpreted, and how it substantially affects the employment relationship of the Complainant; and

E. A statement of the relief desired.

VI. Level I Hearing

The Complaint shall be filed with the Level I Administrator within ten (10) calendar days from the occurrence of the most recent alleged incident or other matter on which the Complaint is filed. The Level I Administrator shall stamp the date of filing on the Complaint. If the Complaint is timely filed, the Level I Administrator shall give written notice to the Complainant of the time and place of the hearing, either by mail or hand delivery. When notice is given by mail, it shall be sent by first class mail to the address set forth in the Complaint. If no address was included in the Complaint, then notice shall be sent to the last known address of the Complainant on file with the Board of Education.

The Level I Administrator shall conduct a hearing on the Complaint and render a decision thereon within ten (10) calendar days of the filing of the Complaint. The decision shall be dated and shall set forth findings of fact, the decision made, and reasons for that decision. A copy of the decision shall be sent to the Complainant as provided in Section V, Paragraph G above.

VII. Level II Hearing - Appeal From Level I

A Complainant who wishes to contest the decision of the Level I Administrator may appeal that decision to the Level II Administrator. The appeal must be filed in the  Superintendent's office in writing within ten (10) calendar days after the date of the Level I Administrator's decision. The Appeal shall clearly set forth the questions and issues involved and the reasons why the Complainant wishes to contest the Level I Administrator's decision.

The Superintendent's office shall stamp the date of the filing on the appeal. If the appeal is timely filed, a Level II hearing shall be scheduled before an appropriate Level II Administrator who shall give written notice to the Complainant of the time and place of the hearing by mail or hand delivery.

The Level II Administrator shall obtain the record of the proceedings and evidence introduced at the Level I hearing, as well as a copy of the Complaint, and shall conduct a hearing and render a written decision within ten (10) calendar days of the date of the filing of the appeal.
If the Level II Administrator is a designated representative of the Superintendent, the Administrator shall promptly submit his or her recommendations and findings to the Superintendent for final decision. The decision shall be rendered within ten (10) calendar days of the filing of the appeal. The decision shall be dated and shall set forth findings of fact, the decision made, and reasons for that decision. A copy of the decision shall be sent to the Complainant as provided in Section V, Paragraph G of this policy.

VIII. Level III Hearing - Appeal from Level II

A Complainant who wishes to contest the decision of the Level II Administrator may appeal that decision to the Cobb County Board of Education. The appeal must be filed in the Superintendent's office in writing within ten (10) calendar days after the date of the level II Administrator's decision. The appeal shall clearly set forth the questions and issues involved and the reasons why the Complainant wishes to contest the Level II Administrator's decision.
The Superintendent's office shall stamp the date of filing on the appeal. If the appeal is timely filed, the Superintendent, or designee, shall give written notice to the Complainant of the time and place of the hearing by mail or hand delivery.

The Complainant and the Administrators against whom the Complaint is filed or whose decision is being appealed shall be entitled to appear before the Board of Education and be heard. Three members of the Board of Education may conduct the hearing and submit findings and recommendations to the full Board for final decision.

The Level III hearing shall be conducted as a de novo proceeding by the board or its designated committee within ten (10) calendar days of the date of the filing of the appeal.

The written decision of the Cobb County Board of Education shall be dated, shall set forth findings of fact, the decision made, and reasons for the decision. A copy of the decision shall be delivered to the Complainant in accordance with Section V, Paragraph G of this policy within sixty (60) calendar days after the filing of the initial Complaint.

IX. Appeals to State Board of Education

A Complainant dissatisfied with the decision of the Cobb County Board of Education may appeal that decision to the State Board of Education. Such appeals shall be governed by the applicable State Board Rule and O.C.G.A. ' 20-2-1160.

X. Reprisals

A Complainant shall not be the subject of any reprisal as a result of filing a Complaint under this policy. Should any such reprisal occur, the Complainant may refer the matter to the Professional Practices Commission.

XI. Collective Bargaining Disclaimer

Nothing in this policy shall be interpreted as authorizing or permitting collective bargaining by or on behalf of any employee or group of employees.

Legal Reference: O.C.G.A. ' 20-2-989.5 et seq.; 20-2-59

Adopted: 4/14/71
Reclassified an Administrative Rule: 9/1/04
Reviewed: 9/23/82; 6/19/86; 10/9/91
Revised: 1/23/75; 5/26/83; 8/8/84; 3/13/86; 2/23/89; 6/28/90; 8/8/90; 1/23/92; 1/28/93; 3/28/96