Grievance Procedure

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approved by Board of Regents 01/16/2015



GRIEVANCE POLICY

Suggestions concerning the College or constructive criticism of the College's policies by employees is encouraged. However, the individuals wishing to express concern or criticism shall be required to follow the proper chain of command in bringing their comments to the Board of Regents. It shall be the policy of the Board of Regents that concerns shall be initially communicated to persons at the lowest level of authority at which effective action can take place. If there is dissatisfaction on action taken at any level, the concern may automatically be communicated to the next higher level of authority until it is ultimately brought before the Board of Regents.


GRIEVANCE PROCEDURE

General Procedures:

The College President or his designee shall be the arbiter of all disputes and questions regarding the administration of this grievance policy and shall have the power to waive or modify all deadlines and procedures as deemed appropriate, in light of the circumstances presented and with a goal of providing a fair form for all parties involved.


Individuals with a grievance shall first present their concerns to their immediate supervisor. If the grievance is against their supervisor, however, the grievance may be presented to the supervisor's supervisor or the individual may contact the College President who will, within two days designate a person to handle the grievance.


Step one:

The supervisor (or other person handling the grievance as described in paragraph one) shall then within three days contact the person or persons who are the subject of the grievance, inform them of the concerns expressed and attempt to mediate an acceptable resolution.


If a resolution is achieved it shall be reduced to writing along with a summary of the grounds alleged in the grievance and a plan for monitoring compliance and setting a date certain for review of compliance.


The resolution summary shall be signed by all parties and the supervisor and conveyed along with all of the supervisor's notes to the College President for review. It shall become effective only after approved and signed by the College President. The College President shall act as soon as possible or may designate another to act on the matter.


All parties shall be given a copy of the resolution and it shall be kept on file by the supervisor until the review date has passed.


The College President or his designee shall review the case to determine whether disciplinary or other action is appropriate and if so, proceed accordingly. The parties to the dispute may not by their agreement limit the College in this regard.


Step two:

If the grievance cannot be successfully resolved by the immediate supervisor (or other designated person), the grievance shall be reduced to writing by the grievant and filed with the College President.


The College President shall designate an individual to meet with the grievant and all affected parties as described in step one above in a further attempt at informal resolution.


If successful, a summary shall be filed as described in section 2.


If the dispute remains unresolved more than ten days after the written grievance was filed, any affected person may file a request with the College President that the matter move to step three. If the request is denied, the denial shall fix a time by which step two must be completed.


Step three:

Within five days after a request for step three has been granted, each affected party shall be notified by the College President that a formal hearing will be held and requested to submit all evidence and the names of all witnesses the party wishes to testify. The notice shall designate an individual to receive filings of the parties and shall state the place and time for the hearing or state when that information will become available.


The list of witnesses shall include the name and title of the witness if an employee of the College and a name, mailing address and phone number if not.


The witness list shall be due ten days before the hearing and shall summarize the information that each witness possesses which the proponent wishes admitted into evidence at the hearing. If the witness is hostile and will not disclose information for inclusion in the summary, that fact should be stated in the summary and areas of inquiry listed along with a description of what the witness is expected to say.


All evidence such as documents, objects, etc. (except testimony) shall be submitted one week before the hearing.


Rebuttal evidence (except testimony) shall be due the day before the hearing.


No additional evidence (except testimony) shall be received at the hearing unless good cause is shown for not filing it previously. The hearing will be conducted by an individual designated by the College President.


A tape recording or stenographic record shall be made of the hearing and all evidence and witness lists shall be made a part of and preserved with the record.


Within ten days following the conclusion of the hearing, the hearing officer shall make a written, non-binding recommendation to the College President summarizing the relevant evidence and listing and resolving the key factual issues.


The College President shall make that recommendation available to all affected parties who shall then have three days to file a written rebuttal not to exceed 10 pages.


The rebuttal should identify any disputed issues not identified by the hearing officer which the party deems important and may include a discussion of the proper resolution of the case. It may not include or refer to evidence not already in the record.


At the College President's discretion, affected parties may be allowed up to 20 minutes to present their case to the College President in person. All other affected parties may also be present. The College President may ask questions of the party during the presentation but no additional evidence shall be accepted. In cases involving multiple parties, the College President may limit or extend the time allotted and may allow only two opposing views to be heard. In such cases the original grievant and the person(s) named in the grievance shall decide who will present the respective views to the Board of Regents.


The College President shall within 20 days thereafter render and mail to the affected parties a written decision making specific findings as to the disputed issues identified by the hearing officer and the parties and determining an appropriate resolution of the grievance along with a plan for monitoring the implementation of the resolution and setting a date on which the step one supervisor will review compliance.


Step four:

Any affected party may appeal the decision of the College President by filing a signed paper with the secretary of the Board of Regents stating "I wish to appeal the College President's decision in the grievance regarding _________________." (Insert name of grievant.) The notice of appeal must be filed within 10 days after the College President's decision is mailed to the individual appealing.


Failure to do so shall constitute an acceptance of the findings and resolution made by the College President.


Step five:

The appeal before the Board of Regents shall be limited to a review of the record except as described below. No new evidence shall be taken except by order of the Board of Regents.


Each affected party shall be notified when the matter will be considered by the Board of Regents and given 20 minutes to address the Board. The Board of Regents may limit or extend the time allotted and may announce that only two opposing views will be heard. In such cases the original grievant and the person(s) named in the grievance shall decide who will present the respective views to the Board of Regents.


Not later than 10 days before the meeting at which the matter will be considered each party may file with the Secretary to the Board of Regents a written summary of his or her position not to exceed ten typed double-spaced pages.


In making its decision the Board of Regents will read the written summary submitted by affected parties, the College President's decision, and the hearing officer's decision.


It may consider the record made by the hearing officer and any evidence contained therein but shall not consider any other evidence from any other source.


The Board of Regents shall designate one person to prepare a draft decision which shall be circulated among its members and revised until a majority join in it by signing their names. Any members not agreeing with the decision may attach a signed, written dissent.


The Board of Regents' decision shall be filed with its secretary who shall provide copies by certified mail to all affected parties.


The decision of the Board of Regents shall be final. No further appeal or rehearing of the matter shall be had unless a majority of the Board of Regents votes to do so.