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

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								            04-27-2006, 08-10-15


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 
     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.       

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 


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. 


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. 

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.

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 *	

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 
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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