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EMPLOYEE APPEALS
Certain employees who are subject to an adverse employment action may, within ten (10) business days of notice of such action, appeal the decision to the Office of Appeals and Hearing, serving as the Superintendent’s designee.
Right to Appeal: The right to appeal must be authorized by a governing source document, such as the Negotiated Agreement, the Regulations for Supporting Personnel, applicable Administrative Procedures, or relevant law. Not all employment decisions are subject to appeal, and the availability of an appeal may also depend on the employee’s union affiliation.
Grounds for Appeal: This is the reason provided by the employee to justify the request for a review of the adverse employment decision.
According to the Code of Maryland Regulations (COMAR) §4-205(c)(3), the Hearing Administrator may modify or reverse a decision only if it is Arbitrary, Unreasonable or Illegal.
- Arbitrary – a decision made without evidence or adherence to established policies and procedures; and/or
- *Unreasonable - a decision lacking a rational connection between the facts and the outcome (unreasonable is not a ground for appeal for at-will or probationary employees), and/or
- Illegal – the decision was discriminatory, or against Maryland public policy.
*The Code of Maryland Regulations (COMAR) limits the grounds of appeal for an at-will employee to arbitary and illegal.
SCOPE OF AUTHORITY:
- Americans with Disabilities Act (ADA) reasonable accommodations reconsideration denials;
- Disciplinary Corrective Actions;
- Employee Evaluation;
- Lapse of Certification;
- Non-renewal;
- Suspension (non-certificated employees only); and
- Terminations (non-certificated employees only).
DEFINITIONS:
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Adverse Action: |
An action taken by PGCPS that negatively affects an employee's terms, conditions, or privileges or employment |
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Appellant: |
Refers to the party (employee) who is appealing |
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Burden of Proof: |
The employee (appellant) has the burden of proof to demonstrate the grounds for appeal. |
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Determination: |
The final outcome of an appeal whereby the decision of the Respondent may be upheld, modified or remanded modifying on behalf of the Superintendent. |
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OAH: |
Prince George’s County Public Schools – Office of Appeals and Hearings |
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On the Record Review: |
The process where OAH will review the documentation, which encompasses the “Complete Appellate File” and issue a decision without a hearing. |
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Respondent |
The Party responding to the employee’s appeal. The Respondent is the person who issued the adverse action to the Employee (a person in a supervisory capacity). |