450.3 COMPLAINT AND GRIEVANCE RESOLUTION PROCEDURES
450.3.1 Purpose
While the college endeavors to maintain desirable working conditions which lead to cooperative and effective working relations with all employees, it also recognizes that misunderstandings and disagreements may arise regarding terms and conditions of employment. Usually such disagreements are resolved through informal discussions with successive levels of supervision. However, for questions and complaints not resolved to the employee's satisfaction by such informal methods, a formal grievance procedure is available. The formal grievance procedure is available only for those matters arising out of disputes and differences concerning interpretation, application, or compliance with the provisions of the Policy and Procedures Manual, for which the College has the ability to provide a remedy to the aggrieved employee and which are not excluded in this procedure. The formal grievance procedure is available to an employee on an individual basis and will not apply to group grievances.
450.3.2 Scope
450.3.2.1 Employee Evaluations
The ratings, comments, and recommendations for improvement concerning an employee's performance made in the course of observation and evaluation, and salary decisions based on such observation and evaluation, are not deemed disciplinary in nature and are not subject to the grievance procedure.
450.3.2.2 Application of Procedures
Subject to this procedure, disciplinary action includes involuntary demotions, suspension without pay, and dismissal. Records of these disciplinary actions may become part of the permanent record of the employee and be considered in future determinations concerning promotion, advancement, salary, discipline, suspension, dismissal, or other employment decisions. The following administrative actions are not included in this procedure: verbal warnings; suggestions and instructions, oral or written; modification of an employee's work assignment or location without loss of pay or benefits; or written reprimands.
Discipline imposed under this procedure shall be subject to the grievance process only as set forth in this procedure. Non-retention of an employee after expiration of appointment is not disciplinary in nature and is not an action subject to the grievance procedure.
Employees dismissed during a probationary period are not entitled to the grievance procedure.
450.3.3 Grievance Procedure
450.3.3.1 Processing of a Grievance
Grievances shall be filed at the lowest level of supervision having authority to resolve the grievance. The grievance shall be presented in writing to the appropriate supervisor within five (5) working days after the grievable event has occurred. The employee may bypass the supervisor when the grievance involves allegations of sexual or other prohibited harassment or discrimination by that supervisor. The grievance shall state the nature of the complaint, and the relief which the employee requests that the College provide him/her. Any grievance which fails to state both the nature of the complaint and the relief requested will not be considered.
450.3.3.2 Time Limits
The Human Resources Director may grant time extensions of any of the time requirements under this procedure if requested by either party, and if such request is determined to be for good cause.
450.3.3.3 Request for Hearing Before President or Designee
If the grievance cannot be resolved informally, the employee may request in writing that the grievance be heard by the President. The President may appoint an independent hearing officer or other College official.
The written request for hearing must be received in the Human Resources Department within five (5) working days of notice of the supervisor's decision. The request must contain a detailed statement of the basis for the review, the reasons the employee believes the discipline is improper, and the relief requested. In the case of a dismissal, if no request for a hearing is timely filed, the dismissal shall be reported to the District Governing Board for ratification or other Board action at its next regular meeting.
450.3.3.4 Scheduling of Hearing
The Human Resources Director shall schedule a hearing within ten (10) working days after an employee has filed a timely notice.
450.3.3.5 Witnesses and Representatives
The employee, the supervisor who imposed the discipline and the President shall have the right to include in the hearing such witnesses and representatives as they deem necessary to develop facts pertinent to the request for hearing.
A list of witnesses must be submitted to the Human Resources Director two (2) working days prior to the hearing. Once both parties have provided their witness lists, copies will be exchanged between employee and supervisor.
The employee has the right to be represented by any willing person of his/her choice; however, the College is not liable for any cost or expense incurred for such representation. The employee must notify the Human Resources Director who, if anyone, will be representing him/her at the hearing at least two (2) working days prior to the commencement of the hearing.
450.3.3.6 Documents and Exhibits
All documents/exhibits which will be presented as evidence during the hearing will be submitted to the Human Resources Director two (2) working days prior to the hearing. Once these documents/exhibits have been submitted they will be provided to both parties.
450.3.3.7 Form of Hearing
The hearing shall be closed to the public unless the employee requests an open hearing at least two (2) working days prior to the hearing. The President shall be entitled to legal counsel for the purpose of advising and assisting with the conduct of the hearing. The hearing shall be informal in nature. The rules of evidence shall not apply, provided that irrelevant, immaterial and unduly repetitious evidence may be excluded.
The President will conduct the hearing and is authorized to take evidence and to hear oral testimony presented by either side. Both parties may begin the hearing by making a brief opening statement. After both sides have presented their cases, each side will have the opportunity to make a closing statement.
450.3.3.8 Closing Decision
Upon conclusion of the hearing, the President shall provide a written decision, together with the reasons for the decision, to the employee and supervisor. The President's decision shall be final in all matters except dismissals, in which case the President will provide a recommendation to the District Governing Board.
No additional evidence, testimony or comments will be considered by the President once the hearing has been officially closed. At that time, the hearing is completed and only the evidence, testimony and comments made prior to the official closing will be considered.
450.3.4 District Governing Board Decision
At the next regularly scheduled Board meeting, the Board will review the recommendation and give such consideration as deemed appropriate which may include review of all records, documents, memorandums, and letters constituting the hearing record, request a detailed position statements from the employee and the supervisor who imposed the original discipline, or conduct a hearing. The Board shall complete its review of the President's recommendation and render a decision in writing. Copies of the Board's written decision shall be furnished to the employee and supervisor. The decision of the Board shall be final.
450.3.5 Disposition of Records
All records pertaining to a hearing or appeal will be maintained by the Human Resources Department and will not become part of the employee's official personnel record. All documents provided to the President and/or Board shall be returned to the Human Resources Department at the completion of the process.