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. 65-500-1 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. 65-500-1 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. 65-500-1 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. 65-500-1 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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