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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