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Southwestern
Community College - Policies and Procedures Manual |
| Procedure
Title: |
Employee
Grievance Procedure |
4.23.1 |
| Responsible
Division: |
Administrative Services |
|
| Date
Approved: |
April
2005 |
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| 1. |
In
order to maintain a harmonious and cooperative
relationship between the college and its employees,
the college provides for the settlement of
problems and differences through an orderly
grievance procedure. Every employee shall
have the right to present his/her problem
or grievance free from coercion, restraint,
discrimination or reprisal. The procedure
provides for prompt and orderly consideration
and determination of employee problems or
grievances by supervisors and the President.
A grievance is any matter of employee
concern or dissatisfaction within the control
of the institution except: (a) the content
of institution policies; or (b) the non-renewal
of a contract.
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| 2. |
Informal
Grievance Procedure
If an employee has a grievance, it should
first be discussed with his/her immediate
supervisor within five (5) working days from
the date of the situation which is grieved.
The supervisor may call higher level supervisors
into the discussion if the employee agrees.
Or, the supervisor may consult with higher
level supervisors to seek any needed advice
or counsel from his/her administrative superiors
before giving an answer. The employee shall
receive an answer within five working days,
or be advised as to the conditions which prevent
an answer within five working days and when
an answer may be expected. The circumstances
should be documented by both the supervisor
and the grievant.
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| 3. |
Formal
Grievance Procedure
If the Informal Grievance Procedure
above is not satisfactory to the employee,
or if he/she fails to receive an answer within
the designated period provided in the Informal
Grievance Procedure, he/she may file a grievance
in writing stating in detail the facts of
which he/she complains and request that the
Vice President of Administrative Services
consider the matter within five working days
after receipt of the Informal Grievance Procedure
decision. Depending on the nature of the appeal,
the Vice President of Administrative Services
will determine to what extent additional facts
will be required in writing. The supervisor
and employee shall -provide all pertinent
information to the Vice President of Administrative
Services who will review the facts and hold
whatever discussions he deems desirable or
the employee or supervisor may request. The
Vice President of Administrative Services
shall provide a recommendation to the proper
administrators or superiors within five working
days after all necessary discussions are held;
and shall, at the same time, advise the employee
of his recommended course of action. In the
absence of objection or appeal, by either
the supervisor or the employee, the recommendation
of the Vice President of Administrative Services
will be carried out within a reasonable period
of time and the grievance considered resolved.
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| 4. |
Appeal
to the President's Council
If the decision reached by the Formal Grievance
Procedure above is not satisfactory to the
grievant or is not promptly implemented, the
matter may be referred to, by the grievant,
within five working days, through the Vice
President for Administrative Services to the
President's Council. The grievant shall provide
a written summary of the specific facts of
the complaint, copies of which shall be provided
at the same time to all other parties concerned.
Upon receipt of the grievance, a three member
subcommittee will be appointed from the membership
of the President's Council by the President
to investigate the issues. At the conclusion
of the investigation, not later than 15 working
days after the referral, which will be conducted
by the full sub-committee, it will be the
responsibility of the chairperson of the sub-committee
to inform the college President in writing,
within five working days of the conclusion
of the investigation, of the recommendations
of the sub-committee. The President, or his
designee, can accept, reject, or modify the
recommendation and will make a decision within
five working days, and his decision will be
communicated to all appropriate persons. If
the grievant is not satisfied with the decision,
he may appeal to the Board of Trustees within
five working days after receipt of the decision
of the President. Appeal to the Board of Trustees
will be addressed to the Board and submitted
to the college President for delivery to the
Board.
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| 5. |
Appeal
to the Board of Trustees
Upon appeal to the Board of Trustees, the
Board Chairman may refer the grievance to
the Board of Trustees Executive Committee
of the Board to review the record of the grievance,
to determine if additional information is
required, and to conduct a hearing of the
facts and issues. The Board of Trustees Executive
Committee, or the designated agent, shall
report its findings to the Board with recommendations.
The Board at its next meeting, or as soon
as possible thereafter, shall consider the
report and modify, alter, set aside, or affirm
said report and certify to the President its
findings, in writing, stating findings of
facts and reasons which shall be binding.
The President will notify the grievant of
the decision rendered by the Board of Trustees.
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| 6.
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Discrimination
A college employee who has reason to believe
that employment, promotion, training, or transfer
was denied him or that demotion, lay-off or
termination of employment was forced upon
him because of his age, sex, race, color,
national origin, religion, creed, political
affiliation, or physical disability, except
where specific age, sex, or physical requirements
constitute a bona fide occupational qualification
necessary to proper and efficient administration,
shall have the right to appeal directly to
the Board of Trustees Executive Committee
of the Board of Trustees, through the college
President. A college employee has the right
to appeal using the grievance procedure if
he so desires. An employee must appeal an
alleged act of discrimination to the Board
of Trustees Executive Committee of the Board
of Trustees, through the college President,
within 20 days of the alleged discriminatory
action.
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|
Rules
Grievances shall be processed according
to the following rules: |
| a. |
If
at any stage of the grievance procedure
the grievant does not take the next
step within the time allotted, the grievance
shall be settled in the manner recommended
or decided by the administration at
the last step. |
| b. |
All
reference to number of days in this
procedure shall be determined to mean
college working days. In the event a
grievance is not filed or processed
in the manner and within the time set
forth above, it shall be forever barred. |
| c. |
The
grievant may withdraw the grievance
at any level. |
| d. |
Employees
of the college, individually or as a
group, are prohibited from communicating
in any form with members of the Board
of Trustees concerning any matter which
is before the Board as an action under
this procedure unless so directed through
official channels. |
| e. |
Representation
by an attorney will be permitted during
a hearing before the Board of Trustees
or committee thereof which has been
designated to conduct a hearing. Representation
will not be permitted during the interviews
and investigations which are described
in the Informal Grievance Procedure,
Formal Grievance Procedure and Appeal
to the President's Council portions
of this procedure. |
| f. |
A
grievant or other employee who secures
legal representation in connection with
a grievance will bear the cost of such
representation.
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