Employee Grievance Policy

Policy Statement

The College provides each employee with a process for resolving a work-related complaint. To ensure this occurs, the College has established this grievance procedure for disputes between the College and non-union employees over work-related issues.

This policy is for complaints that do not fall under other more specific College policies. For instance:

• Complaints alleging discrimination, harassment, hate- or bias-motivation conduct or related retaliation (other than sex discrimination, harassment or misconduct) should be submitted as provided in the Discrimination, Harassment and Hate- or Bias-Motivated Conduct Policy (Not Under Title IX).
• Complaints alleging sex discrimination, harassment, misconduct or related retaliation should be submitted as provided in the Sex Discrimination, Harassment and Misconduct Policy, although complaints by an employee regarding a disability accommodation decision or process may be brought as provided in this Employee Grievance Policy.
• Complaints by faculty members regarding matters covered by the Faculty Handbook, such as issues related to appointment, promotion or tenure, should be brought as provided in the Faculty Grievance Procedure or other relevant portion of the Faculty Handbook.
• Members of the LCCSSA or Teamsters bargaining units should bring grievances covered by their collective bargaining agreement in the manner provided in the relevant agreement.

This policy also does not apply to issues that arise outside of a person’s employment by the College. For instance, concerns regarding student organizations, student leadership positions, contractors or vendors, etc. are not covered by this policy, although this policy does apply to student employees with concerns that relate to their employment at the College.

Procedure

Step 1. In most cases, the employee should first attempt to resolve the difficulty informally by discussing it with their immediate supervisor. If the matter is not informally resolved to the employee’s satisfaction, a description of the problem should be submitted in writing to the immediate supervisor. The written complaint should include an explanation of the problem, a listing of all facts related to it, a summary of any action or attempted resolution undertaken by the employee, and a description of the desired resolution. The written complaint should be presented to the immediate supervisor with a copy to the Associate Vice President of Human Resources within ten (10) working days since the last occurrence of the problem. The supervisor (or designee) should respond orally or in writing within ten(10) working days, unless more time is needed.

Step 2. If the matter is not resolved to the employee’s satisfaction at step 1, or the employee believes it is inappropriate to raise the issue with the immediate supervisor, the employee may provide the grievance in writing to the Associate Vice President of Human Resources within ten (10) working days after the receipt of the response from the immediate supervisor (or designee) or the last occurrence of the problem, if step 1 was skipped. The Associate Vice President of Human Resources (or designee) may make inquiries as necessary to obtain a full understanding of the facts. The Associate Vice President of Human Resources (or designee) should respond in writing to the employee within fifteen (15) working days after notification by the employee of their desire to proceed to step 2, unless more time is needed. In some cases, it may be necessary to extend the time frame in which the Associate Vice President of Human Resources (or designee) may respond in order to thoroughly review the facts pertaining to the grievance. In such a case, the employee should be notified of this need for extension in writing. If the grievance is about a decision or action of the Associate Vice President of Human Resource, then the grievance should be provided to the Vice President/General Counsel, who will identify an appropriate person to handle the matter at Step 2.

Discrimination, Harassment and Hate- or Bias-Motivated Conduct Appeal Process: An employee with a grievance regarding the handling of a complaint under the Discrimination, Harassment and Hate- or Bias-Motivated Conduct Policy (Not Under Title IX), or regarding the outcome of a complaint and investigation under that policy, may bring a grievance starting at Step 3 of this process.

Step 3. If the matter is not resolved to the employee’s satisfaction at step 2, the employee may take the matter to the third and final step. The employee may notify the President (or President’s designee) in writing of their intention to proceed to step 3 of the grievance process within ten (10) working days after the receipt of the step 2 determination from the Associate Vice President of Human Resources or his/her designee. The Associate Vice President of Human Resources should receive a copy of such notification. The Associate Vice President of Human Resources will provide the President (or President’s designee) with a copy of the employee’s written grievance and a statement regarding the AVP’s efforts to resolve the grievance at step 2. The President (or President’s designee) may make inquiries as necessary to obtain a full understanding of the facts surrounding the grievance. The President (or President’s designee) should give a written decision within thirty(30) working days following notification to proceed to step 3 unless more time is needed. This decision shall be final.

Outcomes

If it is determined at any step in this process that a policy violation occurred, the College will take steps to stop the policy violation, prevent recurrence, and remedy negative effects, as necessary and appropriate.

Retaliation

The College strictly prohibits retaliation against any individual for raising a grievance under this policy in good faith or for participating in a grievance or investigation process. Anyone experiencing conduct that they believe to be retaliatory should report it immediately to the Associate Vice President of Human Resources or to the most relevant dean or vice president.

Confidentiality

The College will maintain confidentiality to the extent possible throughout the grievance process. However, confidentiality may not be guaranteed in all situations, particularly when disclosure is required to resolve the issue or is mandated by law. Written outcomes may be confidential, but the parties involved will be notified of the outcome as appropriate. Certain details may not be shared beyond the review of the facts and outcomes to protect privacy, while still ensuring transparency in the resolution of the grievance.

Timelines

If the employee fails to initiate the grievance procedure or advance the matter through these steps within the specified time limits, the employee forfeits the grievance and the determination of the matter by the College is final.