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Grievance Procedure

Section: IV. ADSV - 214
Approved By: Dr. Pamela J. Transue, 08/02/11
Last Review: Unknown
Last Revision: 06/29/11
Prior Revisions: 01/29/04
Initial Adoption: Unknown

Policy

What Is Grievable

A covered employee who has a complaint or concern 1) regarding the application of any of the College’s policies, the terms and conditions of employment, or other actions affecting the employee-employer relationship; 2) affecting the covered employee in his/her status as an employee of the College; and 3) not otherwise prohibited by policy, may file a grievance utilizing this procedure in an attempt to resolve the complaint or concern.  A concern or complaint is not grievable if prohibited by policy.

What is Not Grievable Under this Policy

Complaints or concerns regarding discrimination or harassment are excluded from this policy and procedure and should be addressed through the College’s policy against discrimination and/or sexual harassment.

A person not directly affected by the action being grieved may not file a grievance.

Who May File a Grievance

Only the person(s) affected by the action being grieved may file a grievance.

Where one or more persons file a grievance and the grievances are the essentially the same, the grievances may be combined and addressed as a single grievance.

Expectation to Attempt Resolution Prior to Filing a Grievance

The supervisor and employee will take every appropriate action in trying to resolve the complaint before the formal process in initiated.  The employee or supervisor may request the Human Resources administrator to aid in the resolution of the complaint or concern before a grievance is filed.

If the discussion fails to be resolved, the complainant may proceed to the formal grievance procedure, but in no case more than 30 days following the action giving rise to the complaint.

If the Grievable Action was Taken by Someone At Step 2 or Step 3

Where the action being grieved was made by a person at Step 2 and this person is the complainant’s immediate supervisor, Step 2 of the formal process may be eliminated.

Where the action being grieved was made by a person at Step 3 and this person is the complainant’s immediate supervisor, Step 2 and 3 of the formal process may be eliminated.

Timelines

Extension of the time limits may be made by mutual written agreement of the parties involved.

If the respondent fails to provide a response within the established timelines, the complainant may advance the grievance to the next Step.

If the complainant fails to advance a grievance to the next level within the established timelines, the grievance is deemed resolved at the prior step.

Filing the Grievance

The complainant may file a written grievance in his/her own format or by using a form prescribed by the College. Depending on the complexity and nature of the grievance, the College may request the complaint to resubmit his/her grievance on a form prescribed by the College. In this event, the complainant will be given a reasonable time to complete the form and the time limits will be deferred during this period of time. If the complainant does not complete the form as required within a reasonable time, the grievance will be deemed to have been rescinded.

Purpose

The purpose of this policy is to define the process for filing a grievance, who is covered by this policy and the matters that are grievable. This policy is not intended to create a contract or an obligation of employment of an exempt, at-will employee.

To Whom Does This Policy Apply

This policy applies to all exempt employees except for the President of the College, and classified staff that are not represented by a union. This policy does not apply to academic employees, classified employees who are represented by an exclusive bargaining agent, part-time temporary employees, volunteers, students, and the President of the College.

References

For Academic Employee Grievances See the Faculty Negotiated Agreement(s)

For Classified Employees Represented by a Bargaining Agent See the Classified Staff Collective Bargaining Agreement

Definitions

Complainant – the employee with the concern or complaint; the employee filing the grievance.

Covered Employee – an employee to whom this policy applies as defined above.

Days – except where defined differently, days shall mean business days of the College.

Grievance – a formal written complaint or concern made in accordance with this policy and procedure.

See College Policy - Definitions

Procedure

Preliminary Action

The complainant shall attempt to informally resolve the concern or complaint at the lowest level possible, usually the complainant’s immediate supervisor.

Formal Process

The Human Resources administrator will be advised of all grievances during the formal process.

Step 1

Regardless of the effectiveness of preliminary action to attempt to resolve the concern or complaint, in order to preserve the complainant’s right to avail him/herself of the grievance procedure, within 30 days of the action giving rise to the grievance, the complainant must present the grievance in writing to his/her immediate supervisor.  The grievance must state the complaint, the policy or other provision allegedly breached and the remedy sought.

The supervisor and the employee discuss and attempt resolution of the grievance. Within 5 days of receiving the grievance, the supervisor will respond to the complainant in writing.

If the matter is resolved at this level, no further action shall be required.

If the complainant is not satisfied with the response at Step 1, the complainant shall have 5 days from receipt of the supervisor response, or expiration of the timelines for the supervisor response, whichever is earlier, to forward the grievance to Step 2.

Step 2

Within the timelines established at Step 1, the complainant must present a copy of the original grievance and a copy of the Step 1 response to his/her department/program administrator, e.g., director or dean.  The complainant may also attach additional documentation as to why the Step 1 response is not satisfactory.

The department/program administrator will meet with the complainant, the respondent, and other parties to the grievance, as appropriate, to resolve the grievance. Within 10 days of receiving the grievance, the department/program administrator will respond to the complainant in writing.

If the matter is resolved at this level, no further action shall be required.

If the complainant is not satisfied with the response at Step 2, the complainant shall have 5 daysfrom receipt of the administrator response, or expiration of the timelines for the administrator response, whichever is earlier,  to forward the grievance to Step 3.

Step 3

Within the timelines established at Step 2, the complainant must present a copy of the original grievance and a copy of the Step 1 and Step 2 responses to the Executive Staff member of his/her division (e.g. Academic Affairs, Student Services, College Services, or Institutional Effectiveness). The complainant may also attach additional documentation as to why the responses at Step 1 and Step 2 are not satisfactory.

The Executive Staff member will meet with the complainant, the respondent(s), and other parties to the grievance, as appropriate, to resolve the grievance. Within 10 days of receiving the grievance, the Executive Staff member will respond to the complainant in writing.

If the matter is resolved at this level, no further action shall be required.

If the complainant is not satisfied with the response at Step 3, the complainant shall have five (5) days from receipt of the executive staff member response, or expiration of the timelines for the executive staff member response, whichever is earlier,  to forward the grievance to Step 4.

Step 4

Within the timelines established at Step 3, the complainant must present a copy of the original grievance and a copy of the responses at Step 1, Step 2, and Step 3, to the President of the College. The complainant may also attach additional documentation outlining factors which he/she feels have not been resolved at the prior steps. 

The President will, within ten (10) days, schedule a meeting with the complainant and other parties as he/she deems appropriate.

Within ten (10) days of the meeting, the President will respond in writing to the complainant setting forth the decision reached. 

The decision of the President is final.