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PPM 65-500-1 Employee Complaints and Grievances (Procedure) on www.olc.edu

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                                                                                 65-500-1
						04-27-2006, 08-10-15, 03-28-18, 04-25-18

             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. Also, when an employee is given 
        the option to resign rather than being terminated, the employee has the right to file 
        a grievance.

    	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 written 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 of OLC selected through the following 
        process: Members selected shall include 2 picked by the grievant, 2 picked by the 
        respondent and 1 mutually agreed on by the previous 4 appointees. The President 
        shall not participate on a Hearing Committee as a committee member. Conduct of 
        the hearing shall be governed by rules established by members of the Hearing 
        Committee prior to the hearing.  In order to maintain unbiased Hearing 
        Committee members, the following relationships are not allowed among the 
        Hearing Committee Members with the Grievant and Respondent: father, mother, 
        husband, wife, domestic partner, current or former spouse, brother, sister, son and 
        daughter, grandparents, aunt, uncle, brother-in-law, sister-in-law, step-father, 
        step-mother, step-son, step-daughter, step-brother, step-sister, half-brother, half-
        sister, niece, nephew, and first degree cousins       

   5.   Personal Relief:  A decision from the Hearing Committee to OLC Board 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.

   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.  
   
   9.   Supervisor, or Immediate Supervisor: The person to whom the Grievant directly 
        reports to and takes direction from.                                                                                                    
         	
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 among the grievant, the immediate supervisor of the 
grievant, and any parties-in-interest. The grievant may waive stage one if the issue 
involves their immediate supervisor and they have already attempted to resolve the issue 
with their immediate supervisor. 


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 submission of the grievance is untimely, it shall be dismissed and the action and 
sanction shall become final without further proceedings or notice to the employee unless 
the OLC Board President agrees to extend the filing deadline for good cause shown. The 
grievant must request that the filing deadline be extended in writing to the OLC Board 
President within 10 business days of the initial occurrence. 


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 the Informal Grievance Process (Stage 1), the grievant may proceed 
to a formal grievance procedure.

The formal grievance procedure consists of two steps: Step 1 is a hearing before a 
Hearing Committee and Step 2 is a hearing before a Hearing Officer. If the grievant and 
the Personnel Director both agree, the grievant may waive the Hearing Committee step 
and go directly to the Hearing Officer.


Step 1. Hearing Committee Process and Timelines:

Responsibility                         Action                              Time Limit *


Grievant                    File a written grievance for                   5 business days *	
	                    Hearing Committee Review with                  from decision of 
			    the Personnel Director     	                   stage one or incident 
                                                                           if stage one waived.                                                                                             

Personnel Director   	    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 *
                            OLC Board President                            from hearing

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 OLC 
Board President agrees to extend the filing deadline for good cause shown. 

The Hearing Committee can record their deliberations and have the testimony of grievant 
and respondents be recorded if both parties agree to the recordings.  The grievant and 
respondent must both give their written approval if either party wants to have a recording 
of the deliberations and testimony provided.

If either grievant or the respondent is not satisfied with the decision from Hearing 
Committee, or if waived the option to go before a Hearing Committee, they may request 
a final hearing before a Hearing Officer.

The Hearing Committee cannot recommend contract buy-outs of College Employees.


Step 2. – Hearing by Hearing Officer Process and Timelines:


Responsibility                      Action                                  Time Limit *

Grievant/Respondent           File written appeal to the                    5 business days *
	                      Personnel Director               	            from receipt of the
	                      requesting a hearing                          Hearing Committee’s 
                              before  a Hearing Officer       	            decision or 5 business                      
                              shall be accompanied by a	                    days from date of incident                                  
                              short and specific statement	            if previous grievance
                              giving the reason for the appeal.             steps are waived. 	      
         	
         					      


Personnel Director            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 10 business *	
	                                          	                    days.			
						

Hearing Officer               Written decision of the                       5 business days *  
                              Hearing Officer is sent       	            from Hearing 
                              to grievant and respondent
                              and filed with Personnel Director


The decision of the Hearing Officer is final and is binding upon all parties involved in the 
grievance. 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 OLC 
President agrees to extend the filing deadline for good cause shown.

Mootness of Complaints and Grievances:  If at any stage in the informal and formal 
grievances a documented, consensus resolution to the initial grievance becomes 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 proceedings 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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