Grievance Procedure

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This Grievance Procedure will be used to process a written grievance or complaint concerning any other grievance, not covered by the above Protected Class Non-Discrimination Policy and Procedures and Anti-Bullying Policies that a Future Professional feels have been left unresolved against a Future Professional, employee, or third-party. The grievance or complaint will be referred to the School Director and/or School Owner. The following grievance procedures shall be used to address a grievance filed by Future Professionals for complaints filed on their behalf against employees, other Future Professionals, or third parties. A copy of the Grievance form may be obtained from the School’s Director.

In order to facilitate the investigation, the complaint must include details of the incident or incidents, dates and times, names of the individuals involved, and names of any witnesses. A complaint should be filed within two (2) business days from the date of the alleged incident to allow the school to take timely and appropriate action. The complaint once received will be maintained in the Director’s office, which has limited staff access. The school Director has the responsibility of investigating the complaint allegations; however, if it is in the best interest of the parties involved the school may choose to designate another individual to follow this process.

The time necessary to conduct an investigation will vary based on complexity of the allegation(s) but will generally be completed within fourteen (14) days of receipt of the complaint. If a Grieving Party requests confidentiality, the school will take all reasonable steps to investigate and respond to the Grievance consistent with the request. If a complainant insists that his or her name or other identifiable information not be disclosed to the party alleged to have engaged in the behavior, the school will inform the Grieving Party that its ability to respond may be limited.

The Director will begin the process outlined in this policy below.

Handling of Allegations

The school will investigate all complaints received. The school’s grievance procedures are designed to ensure that the complaint process is free from conflicts of interest.

  1. The individual completes the Future Professional Grievance Form and returns it to the School Director.
  2. The Director or designee will determine if the Grievance has merit and is appropriately filed under this policy. If another policy is implicated, the Director or designee may transfer the Grievance to the appropriate resolution process. The Director or designee may also transfer matters filed under other procedures to this Grievance Procedure if appropriate.
  3. Upon determination that the Grievance has merit and is appropriately filed, the Director or designee will conduct an initial inquiry into the facts surrounding the Grievance. After that initial inquiry, the Grievance may be dismissed for lack of merit, resolved through an Amicable Conclusion, or through an Investigation as outlined below. The Director or designee will consult with the person(s) filing the Grievance and consider their wishes in choosing the mechanism(s) for handling the Grievance. The decision for addressing a Grievance (informal or investigation) is at the discretion of the Director and is not appealable.
  4. Amicable Conclusion: the Director or designee will work to identify a resolution acceptable to the School, any other involved party, and Grieving Party. If the Grieving Party accepts the resolution, the Director will work to implement the solution. If the Grieving Party does not accept the resolution identified, they may request an Investigation. If the information found in the initial inquiry does not support further investigation, and the reported issue can be addressed through action by the School, the Director may decline to take an investigation. If a matter is resolved via Amicable Resolution, it will not be investigated or reopened, unless there is substantial new behavior or information.
  5. Investigation: the Director or designee will take the necessary steps to gather relevant information. They will then identify the outcome of the Grievance Investigation briefly in writing, and identify the actions (if any) determined necessary to address the reported behavior for the file. The Grieving Party, Witnesses, and/or any accused parties will be notified of the general outcome of the investigation, but may not be able to have details about the actions taken due to Future Professional (student) privacy laws, employment laws, and/or other relevant laws or policies.
  6. Future Professionals will not be subject to retaliation for filing a complaint. If a Future Professional feels that they have been retaliated against for reporting a matter covered by this Grievance Procedure, they may submit a written grievance under this policy.
  7. There is not an appeal of any decision made under this policy, unless a Future Professional is terminated based upon the investigation. In that instance, any appeal allowed under the Code of Conduct would apply.

Students should follow the above process; however, the student may, at any time, file a complaint with the school’s accrediting agency, the state licensing agency or the U.S. Department of Education.

How to file a complaint with GSBC:

Complaints can be filed with GSBC at https://sos.ga.gov/index.php/licensing/plb/16/board_of_cosmetology_complaint_procedure:

Georgia State Board of Cosmetology
237 Coliseum Drive
Macon, GA 31217-3858
(478) 207-1300
Fax: (478) 207-1363

Certain businesses and professions have been determined by the State as affecting the health, safety, and welfare of the public. Persons practicing in these businesses and professions, with some exceptions, are required by state law to be licensed under the Professional Licensing Boards (PLB) Division. These requirements are published in Georgia law; the Official Code of Georgia Annotated, (O.C.G.A.) Title 43.

General Licensing Requirements

The Boards are charged with licensing persons who practice regulated businesses and professions. Licensees must have successfully completed specific requirements, such as education, experience, and examination. Licensees are required to maintain a current license that must be renewed every two years.

Complaint Process

  • If you wish to file a complaint concerning the practice of a licensee, you should submit the complaint in writing to the appropriate board at 237 Coliseum Drive, Macon, GA 31217-3858 or online by submitting the form that can be found here: http://sos.ga.gov/plb/submitcomplaint.php. Upon receipt of your complaint, you will receive an acknowledgement from the board.
  • Your complaint must include your name, address and telephone number; the name and address of the person being reported; a detailed description of the violation, and any other pertinent information. This means all supporting documents (i.e. business/patient records, cancelled checks, billing statements, proposals, etc.) that could be used to support your complaint.
  • Boards only have the legal jurisdiction over an individual’s license to practice and can only discipline an individual if a violation of the laws and rules governing practice have been violated.
  • Boards generally do not accept or process anonymous complaints.

Investigations

  • Your complaint will be given serious consideration by the board and further investigative action may be taken, if appropriate. You may or may not be contacted by a board Investigator. A referral of your complaint for further investigation does not necessarily mean that a licensing violation has occurred.
  • Investigations are completed as soon as possible, depending upon the nature and circumstances of the complaint.
  • Investigations are confidential by law; we are unable to divulge receipt of or updates on the status of a complaint over the phone.
  • Georgia law requires that investigative files are confidential for any purpose other than a hearing before the board; however, the board is authorized to release the records to another enforcement agency or lawful licensing authority.

Unlicensed Practice

  • If you submit a complaint regarding unlicensed practice, your complaint should include the name of the person and/or business that is practicing without a license and the address where unlicensed practice is occurring.Also, please include copies of any advertisements or other supporting documentation that you may havereceived regarding the unlicensed practice.
  • Persons who practice a regulated business or profession without a license may be ordered to cease and desist the practice and may be fined by a board.
  • If a cease and desist order is refused by the unlicensed individual, the board is required to take the matter to a hearing.
  • The board may also petition the court for an injunction against further unlicensed practice
  • Many licensing laws also subject unlicensed persons to criminal prosecution by local authorities.

Disciplinary Action

  • A board may discipline a license holder if the board determines that a violation of the board’s laws, rules and/or regulations has occurred. A licensee who violates these laws, rules and/or regulations may be subject to disciplinary action, such as a fine, reprimand, suspension or revocation of the license
  • When a board seeks to sanction a license holder and the license holder does not voluntarily enter into a consent agreement/order with the board, the board may be required to go to an administrative hearing. When cases proceed to a formal hearing; the decision is made by an administrative law judge in accordance with the Georgia Administrative Procedures Act. If a hearing is conducted, you as the complainant may be called upon to testify, and your identity as a complainant may become known
  • After the formal hearing is conducted, the administrative law judge issues a ruling (Initial Decision and recommended disciplinary action. The licensee may request, or the board, on its own, may seek review of the administrative law judge’s decision. After the final decision is issued, the licensee may appeal that decision tothe Superior Court of Bibb County.
  • The disciplinary procedure is lengthy and may take months to complete. However, it is designed to insure due process and to protect the rights of the individuals involved .

Business Practice/Billing Disputes

  • Most boards generally do not have legal jurisdiction over business practices/billing/fee disputes. The board shave no authority to set fees or settle fee disputes. You will need to seek legal counsel or seek a remedy in the civil court arena for issues dealing with business practices/billing/fee disputes.

Possible Resolutions

  • Close with no violation/insufficient evidence – you will be notified of this action.
  • Close with a letter of concern - this action is taken if there is no violation of the laws and rules governing practice but the board wants to express its concern to the practitioner surrounding the complaint. You will be notified that the complaint has been closed; however, a letter of concern is private and cannot be divulged.
  • Closed after an inspection – Inspection reports are public
  • Closed with an Order for Monies received – this action is taken when a fine has been paid for a violation discovered during an inspection. This information is public
  • Close with a private consent order – the action is taken when there is a violation of the laws and rules governing practice. However, the matter is closed with a private agreement between the licensee and the board. A private consent order is private and cannot be divulged.
  • Close with a public consent order – the action is taken when there is a violation of the laws and rules governing practice. The matter is public and you will be notified of the board’s decision. This information is posted on the licensees’ public license record.

What to expect

  • You may expect the state board to be genuinely concerned with your complaint. It will be reviewed and investigated thoroughly. You will receive notice from the board when the complaint is received. If the complaint does not fall within the legal jurisdiction of the board, you will receive notice to that effect. When appropriate, the board will investigate and resolve the complaint.
  • Please remember that investigations are confidential; we are unable to provide updates concerning the status of a complaint. Once the investigative process is completed, you will be notified.

Conclusion

The state boards hope that the matter giving rise to your complaint will be handled in a manner which will give you confidence in our earnest desire to protect the public and to improve the regulated businesses and professions.