Formal Grievance Procedure

Grievances must be filed with the Human Resources Office within thirty days of the corrective action, involuntary termination, or policy violation. The staff member must present the appeal using the appropriate form, which will be provided by the Human Resources Office. The forms must be filled out completely, subject to the circumstances of each case.

Corrective Action or Employment Termination for Job Performance and/or Misconduct Related Reasons

A staff member may appeal his or her corrective action or termination for job performance and/or misconduct reasons. In such a case, the grounds for appeal are limited to the following:

•  That the staff member is not responsible for any, or a significant part, of the unsatisfactory job performance or misconduct given as reasons for corrective action or termination;
•  That although the staff member is responsible for the conduct or lack thereof that was the ground for corrective action or termination, the penalty is disproportionate to the misconduct or poor performance;
•  The process was not fair and impartial;
•  That the corrective action or termination violates an established policy of the college.

Employment Termination Due to Reduction, Reorganization, or Elimination of Position

A staff member may experience termination of employment when a department of the college is reduced in size, is eliminated, is merged, or is reorganized. This may occur for a variety of reasons, such as a redefinition of a mission, economic or budgetary considerations, or other factors. The grounds for appeal for such a termination are limited to the following:

•  That the reason given for the termination (reorganization) is a pretext for removing the staff member;
•  The decision was not made using a fair and impartial process; or
•  That the selection of the staff member or the staff member's position for termination violates an established policy of the college.

Upon request by the staff member to the Human Resources Office, assistance in preparing a grievance will be provided by a representative from the Human Resources Office who will be appointed by the director of human resources. Such a representative will assist and coach, but will not advocate for, the staff member.

Step 1

After receiving the Grievance Form, the director of human resources will initiate a thorough investigation, including interviews with all parties affected to discuss the grievance and identify possible resolutions. The director will complete the investigation and respond in writing, or in a format accessible to the complainant, within thirty calendar days of receiving the complaint.

The director's response is final in all matters other than suspension without pay, demotion, involuntary termination, and claimed violations of the Policy on Discrimination and Harassment or Equal Employment Opportunity policies.

Step 2

If the problem is still not resolved to the staff member's satisfaction, he or she may file an appeal of the decision with the Office of the President within ten calendar days of the Step 1 response. Ordinarily, the staff member and the director of human resources are expected to cover in written form all issues and facts involved in the appeal. The president or designee may meet with the staff member, director of human resources, and other persons as deemed appropriate. The president or designee will ensure that the staff member has the opportunity to respond to all material evidence before a decision is made.

The president or designee will issue a written decision within ten calendar days after the conclusion of his or her investigation. The decision is final in all matters other than those involving involuntary termination.

Step 3

If, in cases of involuntary termination, the staff member is not satisfied with the result of Step 2, the staff member may appeal to the executive committee of the Board of Trustees, in writing, within ten calendar days after receipt of the Step 2 response. The executive committee may delegate its role to an ad hoc sub-committee and will schedule a hearing promptly. The hearing will be conducted according to the procedure set forth below.