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Employee Appeals

An employee who is 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 Hearing, serving as the Superintendent’s designee. The appeal shall be reviewed and a determination shall be issued in accordance with the procedures established by the Superintendent.

SCOPE OF AUTHORITY:

  1. Appeal of harrassment decisions;
  2. Americans with Disabilities Act (ADA) denials;
  3. Written reprimands;
  4. Suspension (non-certificated employees only); and
  5. Terminations (non-certificated employees only).

DEFINITIONS:

Adverse Action:

An action taken by PGCPS that negatively affects an employee's terms, conditions, or priviledges or employment

Appellant:

Refers to the party (employee) who is appealing

Burden of Proof:

The employee (appellant) has the burden of proof by a preponderance of the evidence to demonstrate that the decision issued by the Respondent was arbitrary, unreasonable, or a violation of policy or law.

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.

OAH:

Prince George’s County Public Schools – Office of Appeals and Hearings

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.

Prepondence of the Evidence:

The Appellant must establish that their explanation of events is more likely to be true than the Respondent's explanation of events.

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).