Policies & Procedures Manual

327

Policy No: 713

Policy Contact: Vice President for Business Operations

Policy Title: EMPLOYEE GRIEVANCE AND COMPLAINT PROCEDURES The administration of the East Central Community College District recognizes the right of each employee to a fair hearing with regard to any grievance or complaint concerning employment, retention, salary, working conditions, or duties. All employees are encouraged to seek a resolution of his/her grievance or complaint through discussions and meetings between the person(s) directly involved in the complaint. A grievance or complaint which is not resolved administratively to the complete satisfaction of the complainant may be heard by an Employee Council in accordance with the procedures herein stated. To ensure the protection of the rights of every employee in employment-related matters, East Central Community College District has established the Employee Council. In all employment-related grievances or complaints, except for adverse employment actions as defined in Policy 711 and Policy 712, every employee has a right to a hearing before the Employee Council. All matters related to adverse employment actions shall be handled in accordance with the due process procedures found in Policy 711 for contracted employees and the grievance process described in Policy 712 for non-contracted, at-will employees. The employee is responsible for initiating the request for a hearing before the Employee Council in accordance with the procedures described herein. The Employee Council shall be composed of (1) the Vice President for Business Operations, (2) the Vice President for Instruction (Title IX Coordinator), (3) the Director of the Philadelphia-Neshoba County Career-Tech Center, (4) the Vice President for Public Information, and (5) and (6) two other employees as appointed by the majority of the above members. If one or more of the above members is unable to attend, an alternate shall be appointed by the majority of the other members to hear the particular grievance. The Vice President for Instruction shall serve as the chairperson of the council and shall not cast a vote. Any member of the Employee Council listed above who is directly involved in a proceeding shall be disqualified from serving as a member of the Council on that particular matter and a replacement for the member(s) will be appointed by the President. 1. The complainant having a grievance or complaint and wishing to be heard by the Employee Council must make such request in writing to the chairperson of the council within five (5) working days of the action or inaction from which he/she seeks relief. Failure of the complainant to file a grievance or complaint within this timeframe or these guidelines will constitute a waiver of his/her right of filing the grievance. 2. The complainant shall be notified in writing at least three (3) working days, unless otherwise agreed upon by all parties, in advance of the hearing with regard to the time of the hearing, the date of the hearing, the place of the hearing, the right to witnesses in his/her behalf at the hearing, the right to have an advisor at the hearing, and the right to appeal. The advisor is only to advise the complainant and may not address the council and may not question or cross examine witnesses. 3. The complainant shall be allowed to present his/her evidence and witnesses in his/her behalf. Other parties involved in the grievance/complaint, as determined by the Employee Council, will also be given an opportunity to present facts in their behalf. After hearing all evidence and information pertinent to the case in question, the Employee Council may deliberate in executive session to render a decision. The following policies, procedures, and rights shall be in effect for all cases heard by the Employee Council: