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This grievance procedure is provided for exempt/administrative
and non-exempt/administrative support staff of the college recognizing that, from
time to time, various problems occur involving work relationships and conditions
of employment. In order to ensure that staff members' grievances receive full consideration,
this procedure is a method of review and appeal for the resolution of such grievances.
The college recognizes that staff members have the right to file complaints with
various federal and state agencies. However, the college has established this internal
procedure with the expectation that it will provide an effective means of resolving
grievances without the necessity of federal or state remedies.
A staff member should feel free to discuss any problem
informally with his/her supervisor or department head, the Ombudsperson, or the staff
in the Office of Human Resources at any time without the discussion being considered
part of a formal grievance procedure. However, at such time as a staff member wishes
his/her problem to be considered formally by the college, he/she will follow the
procedure described below.
This procedure applies to all grievable issues (with
the exception of sexual harassment) which involve the work conditions and relationships
within a department and/or the interpretation and application to individuals of general
employment policies and procedures. The actual terms of employment policies and employee
benefit plans are not matters to be covered by this procedure. Where a question exists
as to whether a particular matter is covered by this procedure, the Executive Director
of Human Resources will refer the matter to Senior Staff members for determination.
Application of the procedure will be denied only where the matter is not a grievable
issue or is one in which the grievant has no direct interest, or in other circumstances
in which the use of this procedure would clearly endanger its effectiveness as a
means for review and appeal of staff members' grievances. The grievance procedure
is not available to new staff during the orientation and review period. Voluntary
resignations are not subject to the grievance procedure.
A decision issued at any one step of the procedure will
be final and binding for that grievance unless the grievant initiates an appeal to
the next step. In the event that an employee does not receive a decision within the
prescribed time limits, the failure to respond will be considered a denial of the
grievance and he/she may proceed to the next step. However, the time limits described
in any step may be extended by mutual consent between the parties concerned. Written
responses by any of the concerned parties should be mailed on the day they are dated.
Retaliatory action of any kind taken by any employee
(e.g., department head, supervisor, or co-worker) against any other employee as a
result of that person's seeking redress under this procedure, cooperating in any
inquiry, or otherwise participating in any proceedings under this procedure is prohibited.
Any such retaliatory action will be the basis for a separate grievance.
Steps in the Grievance Procedure
The first three steps in this grievance procedure are
informal efforts to resolve problems where they arise and with the parties directly
involved; the fourth and fifth steps provide a means of further appeal to the Administrative
or Administrative Support Staff Grievance Committees and to the President of the
college. The staff member may be accompanied and represented by another individual
at Step 3 or 4 of this procedure. He/she must include the name of that representative
in the written requests submitted to the Executive Director of Human Resources (i.e.,
in the request for a Step 3 interview and/or in the request for a Step 4 hearing).
An employee will follow the steps in the order described
below; however, the Office of Human Resources may be contacted directly if, for the
particular grievance, it seems inappropriate to discuss the problem with the supervisor
or department head. Also, the Office of Human Resources may be contacted at any time
for additional information, guidance, or assistance in interpreting any part of this
grievance procedure.
Step 1: Within 30 calendar days
of the incident or action causing the problem, the employee will discuss the complaint
with the immediate supervisor who, in some cases, will be the department head. The
supervisor will provide the grievant with a brief written summary of the problem
and a response to it within five calendar days following the meeting.
(If the immediate supervisor is the department head, the next step in this procedure
is Step 3; otherwise, Step 2 applies.)
Step 2: If the supervisor's reply does not resolve
the problem to the employee's satisfaction, he/she may submit a written description
of the complaint to the department head within five calendar days
from the date of the supervisor's written response. The department head will discuss
the situation with the staff member and will provide the grievant with a written
response within seven calendar days following receipt of the written description
of the complaint.
Step 3: If the department head's response does
not resolve the problem to the employee's satisfaction, or if the Office of Human
Resources has made a decision which is not satisfactory to the staff member, he/she
may request that the complaint be reviewed by the Executive Director of Human Resources.
This request detailing the complaint must be submitted in writing to the Executive
Director within seven calendar days from the date of the department
head's written response. The Executive Director will attempt to resolve the problem
with all parties concerned within 14 days following receipt of the
grievance. If the problem is resolved, the Executive Director will issue a written
summary of the matter with copies to all parties concerned. If no resolution is achieved,
the Executive Director will so inform all parties in writing.
Step 4: (a) If the grievance has not
been resolved by the Executive Director of Human Resources, the staff member may
request to have the grievance heard by the members of the Administrative or Administrative
Support Staff Grievance Committees. The request to the appropriate committee must
be submitted via the Office of Human Resources within 14 calendar days from the date
of the Executive Director's written statement in Step 3. The request will include
the following:
- a description of the incident or action
which caused the complaint and specifically what the complaint is;
- what the staff member considers to be a
satisfactory resolution of the matter;
- the name of the representative if the staff
member has decided to be accompanied and represented by another individual at the
Grievance Committee hearing.
(b) Within seven days of receipt of
the request for a hearing, the full committee will hold a preliminary meeting to
review the grievance and determine whether the grievance merits a full hearing. If
the committee decides that a hearing is warranted, it will designate a time and place
for a hearing and all parties will be notified. During that hearing, the committee
will review the entire case, may seek additional relevant information, and may interview
any of the parties involved. The grievant or his/her representative will have the
right to present information (both in writing and through witnesses) and to question
others who have provided information.
The committee will issue written findings and recommendations
within a reasonable time with copies to all parties concerned.
Step 5: The findings and recommendations of the
Grievance Committee will be submitted to the President for review and final decision.
The President may approve, disapprove, or modify the committee's recommendations
or may remand the case back to the committee for further investigation. The President
will issue a decision in writing with copies to all parties concerned. This decision
is final and binding within the college.
The Administrative and Administrative Support
Staff Grievance Committees
Each consists of five members from the administrative
and administrative support staff; membership on these committees is limited to regular
full-time staff members. The five members of each committee will be appointed by
the President on the following basis: four members will be selected by the President—two
selected from staff nominations and two of her own choosing—with the fifth
member selected by the other four. In the event that no nominations are received
from the staff, the President will select four members of her own choosing. The five
members will serve staggered terms of three years each and will select a chair to
serve for a term of one year. Should one or more of the members be directly involved
in a particular grievance, the President will appoint a substitute(s) for the purpose
of hearing that grievance.
The names and terms of current members of the Administrative
and Administrative Support Staff Grievance Committees are updated annually.
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