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PPM 65-500-1 Employee Complaints and Grievances (Procedure) on www.olc.edu

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65-500-1
04-27-2006




EMPLOYEE COMPLAINTS AND GRIEVANCES (PROCEDURE)

A.   Definitions

1.	Grievance:  Any written claim alleging a violation, misrepresentation or 
        inequitable application of any college policy, procedure or established practice 
        regarding  terms and conditions of employment

    	The grievance shall contain the following information:

        1.  Reference to the section or sections of the Personnel Policies alleged to be 
            violated, if any;
        2.  A statement describing the circumstances surrounding the alleged violation;
        3.  The remedy requested; and
        4.  The signature of the grievant and the date the grievance was filed. 

2.      Grievant: An employee of the college allegedly aggrieved and making a claim for 
        redress (similar grievances or complaints may be consolidated and processed 
        together as a single issue as appropriate).

3.      Hearing Officer:  A professional hearing officer who will be the final arbitrator of 
        the employee grievance.  A Hearing Officer is contracted through a solicitation of 
        attorneys and college and school administrators who have had experience with 
        employee grievances.  If the college has a pool of hearing officers, the Hearing 
        Officer shall be selected through a random process.  A format for the hearing 
        before the Hearing Officer will be provided to the grievant.
       
4.      Hearing Committee:  Five (5) employees selected by the President to formally 
        hear complaints and grievances brought by an employee that have not been 
        resolved through informal procedures.  Members selected by the President to 
        serve on the Hearing Committee shall be from different programs or departments 
        and shall include 2 picked by the grievant, 2 picked by the respondent and 1 
        mutually agreed on by the previous 4 appointees.  Conduct of the hearing shall be 
        governed by rules established by the President and members of the Hearing 
        Committee prior to the hearing.       

5.	Personal Relief:  A decision from the Hearing Committee to the President 
        regarding a specific remedy directly benefiting the grievant.  Personal relief may 
        include a request for back pay if the employee has been suspended or terminated 
        and is requesting reinstatement, but will not include a request for damages.

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6.      Respondent:  Any person or persons named in the grievance as having caused or      
        contributed to the grievance.

7.      Party in Interest:  Any person or persons who may be required to take action in 
        order to resolve the grievance.

8.	Representative:  Any individual selected by the grievant to act for, on behalf of, 
        or to assist the grievant.                                                                                                        
         	
B.	Stage One – Informal Grievance Procedure


The best and usual way for resolving employee problems is the informal procedure which 
is an attempt to resolve the difficulty between the grievant, the immediate supervisor of 
the grievant, and any parties-in-interest. The grievant may waive stage one if they have 
already attempted to resolve the issue with their supervisor and the supervisor concurs.


Responsibility                               Action                                       Time Limit *

Grievant                             Must notify immediate supervisor                    5 business days *
                                     of grievance in writing.           	         from occurrence

Supervisor                           Provide a private conference with                   3 business days *
                                     appropriate parties of interest                     from notification
			

Supervisor                           Document decision and provide to                    2 business days *  
                                     grievant and respondent and                         from private conference
                                     advise them of formal grievance 
                                     procedures if they feel the issue is 
                                     not resolved.


If an application is untimely, the appeal shall be dismissed and the action and sanction 
shall become final without further proceedings or notice to the employee unless the 
President agrees to extend the filing deadline for good cause shown.





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C.   Stage Two - Formal Grievance Procedure 

If the decision of the immediate supervisor is deemed unsatisfactory by the grievant or 
the grievant waived stage one with supervisor concurrence, the grievant may request a 
hearing by committee.



To request a hearing the following apply:



Responsibility                                   Action                                       Time Limit *


Step 1 - Hearing Committee – If the grievant and administration both agree, the grievant 
may waive Step One of Stage Two and go directly to the Hearing Officer. 


Grievant                                   File a written grievance for                       5 business days *	
	                                   Hearing Committee Review with                      from decision of 
			                   the President or President Staff	              stage one or incident 
                                                                                              if stage one waived.                                                                                             

President                                  Provide a hearing with the                         10 business days *
	                                   Hearing Committee			              from receipt of
                                             			                              written grievance

Hearing Committee                          File a written decision with the                   2 business days *
                                           President                         	              from hearing

President                                  May veto for good cause or                         5 business days *  
                   	                   approve and issue appropriate                      from receipt of 
                                           memo to grievant and parties  		      decision
	                                   of interest


If an application is untimely, the appeal shall be dismissed and the action and sanction 
shall become final without further proceedings or notice to the employee unless the 
President agrees to extend the filing deadline for good cause shown.

 



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Step 2 – Hearing by Hearing Officer

If grievant/respondent is not satisfied with the decision from Step 1 they may appeal for a 
final hearing before a Hearing Officer. 




Responsibility                             Action                                      Time Limit *

Grievant/Respondent                    File written appeal to the                     5 business days *
	                               President or President’s 	              from receipt of
	                               Staff  requesting a hearing                    memo from the
                                       before  a Hearing Officer       	              president.                                  
                                       shall be accompanied by a 
                                       short and specific statement 
                                       giving the reason for the appeal.


President                              Select Hearing Officer                         10 business days *
                                       and set up hearing with                        from written receipt
                                       Hearing Officer                                of request before                
	                                                                              Hearing Office


Hearing Officer                        Hold Hearing                                   Earliest time                                                                                                                                   available not to		
		                                                                      exceed 15 business *	
	                                          	                              days.			
						

Hearing Officer                        Written decision of the                        7 business days *  
                                       Hearing Officer        	                      from Hearing 


The decision of the Hearing Officer is final and is binding upon the administration and 
the grievant. If the employee was suspended without pay and is subsequently reinstated, 
the Hearing Officer may determine if any back pay will be paid for the period of the 
suspension.
               
If an application is untimely, the appeal shall be dismissed and the action and sanction 
shall become final without further proceedings or notice to the employee unless the 
President agrees to extend the filing deadline for good cause shown.

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Mootness of Complaints and Grievances:  If at any stage in the informal and formal 
grievances a documented, consensus resolution to the initial grievance become realized 
and no further action is required, or if the condition originating the grievance becomes 
non-existent, the issue shall become moot; but, the record of proceeding occurring prior 
to mootness and any evidence of record submitted prior to mootness shall be admissible 
if relevant to subsequent situations or events precipitating similar grievances or actions.

Conduct of Hearings:  The conduct and procedure followed by the Hearing Committee 
and the Hearing Officer shall be initiated by the college.  Sufficient records should be 
kept to back up decisions and be passed on to the next level if appealed.


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