FILE: GAMC
INVESTIGATIONS
The St. Martin Parish School Board shall require, upon receipt of a complaint or allegation that an employee has committed an act which may be in violation of School Board policy which calls into question the ability of the employee to discharge the duties attendant to his/her employment, constitutes incompetence, dishonesty, or neglect of duty, or which may otherwise depict the St. Martin Parish School District in an unprofessional, undignified light, the Superintendent to investigate the complaint or allegation. Whenever possible under the circumstances, the person or persons conducting the investigation shall adhere to the following guidelines:
The details of the allegation/complaint shall be reduced to writing, outlining the details of the act or omission and including the relevant date(s), time(s), place(s), location(s), and identities of all witnesses.
If warranted, as soon as plausible under the circumstances, the investigating party or parties shall confer with the principal, administrator, or supervisor of the school, site, or department with which the employee is associated to discuss matters such as the nature of the allegation, whether the performance of the employee has been adversely affected or is likely to be adversely affected, whether others in the school (site) have mentioned the alleged incident, the likelihood that the allegation has any merit and whether the mere fact that the allegation has been made impairs the ability of the employee to discharge the duties attendant to his/her position.
All witnesses deemed pertinent shall be interviewed and if possible, statements obtained from each.
At the appropriate time as determined by the person or persons conducting the investigation, the employee who is the subject of the investigation shall be contacted, advised of the allegation, and permitted to respond thereto.
If at any stage of the investigation the Superintendent determines that the allegation is supported by no credible evidence, all further proceedings against the employee shall be terminated. Moreover, no notation shall be made in the employee's personnel records.
The Superintendent may, in his/her discretion, suspend an employee with or without pay during the pendency of the investigation when such action is deemed in the best interests of the School System.
In the event the employee is arrested in connection with the misconduct which is being investigated, the Superintendent may continue with the school system's independent investigation. Further, any decision of the Superintendent relative to the investigation of the employee, and any subsequent punitive action by the Superintendent or School Board shall not be dependent upon the disposition of any proceedings which may ensue as a consequence of the employee's arrest.
If any material of any nature is placed in the employee's personnel file as a result of the application of this policy, the employee shall have the right to respond as provided by policy GAK, Personnel Records.
All employees of the St. Martin Parish School Board shall fully cooperate in any investigation conducted pursuant to this policy. As such, all employees shall give a full, complete, and accurate account of any and all facts and circumstances related to the matter being investigation of which the employee has any knowledge, direct or indirect. Further, any employee shall appear at the office of the Superintendent or at such other suitable location as might be deemed appropriate and convenient in the investigation.
It is expressly noted that should the allegation be of any act or omission which constitutes abuse as defined in policy JGCE, Child Abuse, then all school employees with any knowledge of the alleged incident(s) is a mandatory reporter and the allegation must be reported to law enforcement or the proper child protection agencies of the State of Louisiana as provided by state law and School Board 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.
Any investigation conducted in accordance with this policy shall be governed by the following restrictions:
No School Board member shall participate in any manner in the investigation.
At the stage when he/she determines that the investigation or privacy rights of the employee will not be compromised, the Superintendent shall inform the School Board of the allegations and the course of the investigation.
All investigations shall be conducted within a reasonable time after receipt of an allegation or complaint, and upon the conclusion thereof, the School Board shall be informed of the Superintendent's findings and/or recommendations.
The Superintendent shall at all times employ all possible means to protect school employees from unwarranted invasions of privacy and undue criticism.
At the conclusion of the investigation, the Superintendent shall take such action as he/she shall deem appropriate under the circumstances, consistent with the policies of the St. Martin Parish School Board and the laws of the State of Louisiana. Furthermore, a full oral report shall be rendered by the Superintendent to the School Board relative to the result of the investigation.
This policy shall apply, but not be limited to, the investigation of employees accused of impermissible corporal punishment, moral offenses involving students, or irregularities and/or improprieties in the administration of standardized tests.
Revised: November 7, 2012
Ref: La. Rev. Stat. Ann. ยงยง14:403, 17:81, 17:81.6, 17:81.8
Board minutes, 12-6-89, 5-15-91, 7-12-89, 11-7-12
St. Martin Parish School Board