Employee Grievance Policy and Procedure
I. Policy
The College recognizes that in any work environment there are times when employees need to express concerns and work-related problems in a formal manner. This Policy establishes the process whereby College employees may present to the College his/her concerns and other work-related problems and provides for the prompt and considerate review of such issues. For sexual, gender and other unlawful harassment concerns, refer to the Sexual, Gender and Other Unlawful Harassment Policy.
II. Application
This Policy shall apply to grievances by employees against the College charging unlawful discrimination with regard to the terms and conditions of employment and College services and unlawful harassment. Further, this Policy shall apply to grievances by employees alleging that a work-related problem or condition is unfair, inequitable or a hindrance to the effective performance of the employee’s job.
This Policy shall not apply to grievances arising out of a termination as a result of a reduction in force, involuntary leave without pay, dismissal, demotion, non-renewal of a contract, period of probation or complaints by a student.
III. Procedure
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Step One
An employee with a grievance shall, within ten (10) business days after the action giving rise to the grievance, meet with his/her immediate supervisor, submit in writing the nature of the grievance and discuss the grievance. The employee shall specify in writing that he/she is filing a formal grievance. The written statement must be signed and dated by the employee. The supervisor will investigate the grievance and make a decision and inform the employee, in writing, within ten (10) business days after the initial meeting. If the supervisor does not have the authority to resolve the grievance or if the grievance directly involves actions by this supervisor, the employee may bypass this step and proceed directly with Step Two.
- Step Two
If the grievance is not resolved at Step One, or if Step Two is the initial process, the employee may request a meeting with the next level of management in the chain of command within five (5) business days after receiving receipt of the supervisor’s written decision or, in the case Step Two begins the grievance process, within ten (10) business days after the action giving rise to the grievance. In either regard, the employee shall be notified of the date of the meeting within five (5) business days of receipt of the request for a meeting. The employee shall provide information in writing regarding the nature of the grievance at least two (2) business days prior to the meeting. The written statement must be signed and dated by the employee. The parties shall attempt to resolve their grievance informally at this level. The employee shall be notified, in writing, of the decision regarding the grievance within ten (10) business days after the meeting.
If the employee’s grievance directly involves actions by this supervisor, then the employee may bypass this step and proceed to the next level of management within the chain of command. The employee must advance through all levels of management within his/her chain of command before proceeding to the President (Step 3).
- Step Three
- Decision by the President
Within five (5) business days after receipt of the decision in Step Two, or in applicable cases Step One, an employee may request, in writing, a hearing with the President. The written request must include the following: (1) a statement concerning the basis of the grievance; (2) a statement detailing the attempts to resolve the grievance and the results; and (3) a statement indicating the remedy or corrective action sought. The written statement must be signed and dated by the employee.
The President may, at his/her discretion, forward any grievance to an appointed Grievance Committee. In the event that the employee’s grievance directly involves actions by the President allegedly based on impermissible grounds, the President shall forward the grievance to the Chair of the Board. Impermissible ground for the purpose of this section shall be an act allegedly in direct violation of applicable federal or state law or state board policy as it applies to the individual college.
The employee shall be notified of the date and time of the hearing with the President or Committee within ten (10) business days of receipt of the request to the President.
At the hearing with the President, the employee shall present his/her case and any relevant documentary evidence. Only the employee, the President and those individuals the President deems necessary shall be present at the meeting. The President may, at his/her discretion, decide whether to hear witness testimony. The employee shall be notified, in writing, of the President’s decision within ten (10) business days after the meeting. The President’s decision shall be final.
- Decision by the Committee
The Committee’s hearing shall be conducted in accordance with the College’s Grievance Committee Hearing Procedure. The employee shall be notified, in writing, of the Committee’s decision or recommendation within ten (10) business days after the hearing. For all other cases, the Committee shall present their recommendation to the President and the President shall adopt the Committee’s recommendation or make his/her own determination.In either event, the employee shall be notified in writing of the President’s decision within ten (10) business days. The President’s decision shall be final.
- Grievances Involving the President
Employee grievances that directly involve an action of the President shall be referred to the Chair of the Board. The Board may conduct an investigation into the matter and may conduct a hearing using the same procedures as the President or Grievance Committee as outlined in Section C1.; The Board’s decision is final.
