Employee Appeal Process

A Prince George's County Public Schools (PGCPS) employee may, within ten (10) business days, appeal an adverse action or decision to the Office of Appeals and Hearings (OAH), 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.

1. Grounds for an Employee Appeal:
   1. An employee may appeal an adverse employment action or decision based one or more of the following the following grounds:
      1. Arbitrary and Capricious - There was no rationale or logic to support the decision or the decision was inconsistent with practice;
      2. New evidence is available that could not have been reasonably obtained with due diligence before the decision was rendered;
      3. The imposed disciplinary sanctions are too severe (an employee must be able to defend this position); or
      4. There is a presence of bias in the underlying process, investigation or outcome.
2. Submitting an Employee Appeal
   1. An employee initiates the appeal process by completing the “Employee Appeal Intake Form” also available on the Office Appeals and Hearings webpage: https://www.pgcps.org/offices/appeals/employee-appeals
      1. The appeal must be submitted within ten (10) business days of the adverse action.  Appeals submitted after this time will not be accepted.
      2. The action being appealed and other relative information should be uploaded to the intake form.
   2. Upon receipt of the form submission, OAH will conduct a preliminary review and either accept or dismiss the case.  Causes for dismissal include:
      1. The appeal is not submitted within the ten-day appeal window;
      2. The appeal does not fall within the Scope of Authority; or
      3. Employee fails to provide requested documentation relative to the case that is essential in rendering a determination.
   3. If a case is dismissed, the employee is notified and the process concludes.
3. Appeal is accepted and a request for records issued.
   1. The Respondent (Supervisor / person who issued the adverse employment action) will be notified of the appeal and shall provide a copy of all relevant documents in their possession and control that were relied upon to reach a final decision within seven (7) business days.  If an extension is needed, it shall be requested in writing and may be granted with good cause.
   2. Respondent records are reviewed upon received and a summary provided to the employee. 
   3. Employees have three (3) business days to rebut in writing to OAH.
4. Receipt of complete case record
   1. If provided, OAH will review the rebuttal submitted by the Employee.
   2. After the employee's rebuttal is received, OAH will not accept any add additional information from either party.
5. Method of Case Review
   1. OAH will conduct a review of the appeal on the written record unless the OAH decides that there is a compelling reason to conduct a hearing.  If either party believes that a hearing is necessary to reach a decision of the appeal, such party shall make a request at the time the appeal or documentation is submitted, with a concise statement of the reasons for this request.
      1. For cases that will be decided on the written record, an email is sent to the Employee and Respondent to provide notification that a determination will be issued within (15) business days.
      2. When there is a significant dispute of facts between the Employee and Respondent, or if clarity is needed, a virtual hearing will be scheduled.
   2. If OAH determines a virtual hearing is needed to clarify the facts, all parties will be notified and will be provided a pre-hearing survey that shall be completed within three (3) business days.
   3. OAH will schedule and conduct the virtual hearing.
6. Determination
   1. OAH will either uphold, remand or reverse a decision made by the Respondent.
   2. OAH will issue its written determination for employee appeal cases by the 30th business day.
7. Right to Appeal: Employees have the right to appeal OAH’s decision to the Board of Education within thirty (30) calendar days of receipt.