Employee Appeal Process

Grounds for an Employee Appeal:   An employee may appeal certain adverse employment actions based on one or more of the following grounds:

• • • 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.  

Standard of Review:  For employee appeals pursuant to Md. Ann. Code, Ed. Art. §4-205, the legal standard for review is whether the decision was arbitrary, unreasonable or illegal.   

§4-205 appeal to the Superintendent's Designee versus Union Grievance Process

• • • An aggrieved employee affected by a matter involving an adverse employment action that is also addressed in the employee’s applicable negotiated agreement may raise the matter by requesting a §4-205 administrative appeal or through the grievance procedure contained in the employee’s applicable negotiated agreement. However, A §4-205 appeal to the Superintendent is stayed pending the outcome of the grievance process.

Submitting an Employee Appeal:

• • • An employee, the appellant, 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
    • The appeal must be submitted within ten (10) business days of the adverse action.  Appeals submitted after this time will not be accepted.
    • A copy of the adverse action being appealed and other relative information should be uploaded to the intake form. The appellant has the burden of proving their case and shall submit all relevant documentation and evidence upon submission.   
    • Upon receipt of the form submission, OAH will conduct a preliminary review and either accept or dismiss the case.  Causes for dismissal include:

1. 1. 1. 1. 1. 1. The appeal is not ripe for appeal (all phases of the appeal hierarchy have not been completed prior to submission);
               2. The appeal window has expired;
               3. The appeal does not fall within the Scope of Authority; 
               4. The appellant failed to establish a ground for appeal; or
               5. The appellant failed to provide requested documentation relative to the case that is essential in rendering a determination.

• • • If a case is dismissed, the employee is notified and the process concludes.

Appeal Acknowledgement:

• • •  When an appeal is accepted, the appellant will receive an acknowledgment of their submission from OAH within 48 hours.  

Next Steps:

• • • Within 48 hours of the appeal acknowledgment, a formal request for records will be issued to all parties determined to have relevant information including the person issuing the adverse employment action, Human Resources, the Office of Employee and Labor Relations, and other offices deemed appropriate, to request any and all documentation related to the appeal. Respondents are provided seven (7) busines days to respond. 
    • This Office will review information submitted through the formal request for records process within 72 hours after receipt.
    • A summary of the records submitted will be provided to the appellant(Records Rebuttal Process).  The purpose of the rebuttal process is to provide transparency with the information that will be considered during the process.  The rebuttal will not change or impact any of the decisions previously rendered but serves to provide an explanation or clarity. The appellant is provided three business days to respond in writing to any of the facts presented.  A deadline will be provided; however, the appellant is not required to respond to the rebuttal process.  Any responses after the deadline will not be considered. 
    • The Office of Appeals and Hearings will conduct a review of the appeal on the written record unless there is a compelling reason to conduct a virtual hearing due to a material dispute of fact.  
    • Within 30 business days, the Office of Appeals and Hearings will issue a written determination that will either uphold, remand or reverse the decision made by the Respondent. This time frame may be extended for good cause to ensure integrity and completeness of the process.

Right to Appeal:

• • • The Office of Appeals and Hearings serves as the Superintendent's designee for certain matters relative to adverse employment actions. Pursuant to Md. Ann. Code, Ed. Art. §4-205, an employee may appeal the decision of OAH to the Board of Education of Prince George’s County (the Board) within thirty (30) days from the date of this decision by completing the following form: BOE §4-205 Appeal Submission Form.  Questions should be directed to board.appeals@pgcps.org.