Policies & Procedures Manual

326

Policy No: 712 Policy Contact: Vice President for Business Operations Policy Title: NON-CONTRACTED EMPLOYEE GRIEVANCE PROCEDURES FOR ADVERSE EMPLOYMENT ACTIONS When adverse employment actions are taken by the College, the administration of the East Central Community College District recognizes the right of each non-contracted employee appropriate grievance procedures. Adverse employment action is defined by the college as dismissal/termination, suspension without pay, or any other action that adversely affects an employee’s compensation or employment status. Adverse employment actions that become the subject of a grievance procedure will not be stayed pending the processing of the grievance. All non-contracted employees are “at will” employees and may be terminated by the College at any time provided the basis for termination is not prohibited by federal or state law. Likewise, a non-contracted employee may resign from his/her position at the College at any time without providing prior notice. In the case of adverse employment actions as defined above, the following process shall be in effect for grievance procedures afforded a non-contracted employee: 1. The non-contracted employee should be presented a written notice by his/her supervisor of the adverse employment action(s) being recommended by his/her supervisor. During the presentation of this written notice, the supervisor may choose to have a witness sit in to protect the rights of both the supervisor and the employee. The written notice should include the following: a. the adverse employment action being recommended by the supervisor and the basis of the adverse employment action; b. notification of the opportunity for the employee to request that the President review the supervisor’s recommendation for adverse employment action. 2. The non-contracted employee must provide a written notice of his/her request for the President to review the supervisor’s recommendation for adverse employment action within five (5) working days of the notification of the recommended adverse employment action. This written notice should be presented to the President and should include a statement on behalf of the employee that addresses the basis of the adverse employment action being made and what action(s) the employee wishes the President to consider. Failure to give such written notice to the President within the timeframe described above shall constitute a waiver by the non-contracted employee of any right to present his/her grievance. 3. The President will consider the written notice provided to the employee by the supervisor as well as the written notice provided by the employee to the President in rendering a decision. However, if in the discretion of the President, additional information is needed, the President shall determine the manner and the process for submission of additional information from the supervisor and/or the employee. 4. The President will respond to the employee within ten (10) working days with a decision. The decision of the President shall be final.

(Added 4/09/13)