06:30:00 Grievances

Purpose

The purpose of this policy is to provide clear, orderly and expedient procedures through which all employees of Walters State Community College may process bona fide complaints or grievances.

I. Policy Statement

The policy of this institution is to provide effective procedures for resolution of problems arising from the employment relationship or environment. To this end, a formal grievance policy has been established in accordance with TBR Guideline No. P-110 or TBR Guideline P-111 for the use and benefit of all employees. When an employee believes a condition of employment is unjust, inequitable or a hindrance to effective performance of employment responsibilities, the employee may seek resolution through this policy without fear of coercion, discrimination or reprisal. This institution will make every effort to resolve complaints and grievances at the lowest possible step in the grievance procedures.

II. Applicability Of Policy

The provisions of this policy are applicable to all employees (administrative, faculty, professional non-faculty, clerical and support staff) of Walters State Community College. This policy has no application to a termination procedure initiated against a tenured faculty member under TBR Policy No. 5:02:03:70, Section V.I.2. The procedures established pursuant to this policy do not establish any right to a hearing except as set forth herein. In accordance with Tenn. Code Ann. § 49-8-117, Support Staff Grievance Procedure, support staff employees who are demoted, suspended without pay, or terminated must follow the grievance process contained in Guideline P-111. Support staff employees who wish to challenge other employment actions not covered by P-111, however, may utilize the procedures set forth in TBR Guideline P-110. If the grievance involves or is based on unlawful discrimination or unlawful harassment, the process set out in TBR Guideline P-080 (WSCC Policy 06:34:00) must be utilized; however, if the President’s decision includes demotion, suspension without pay, or termination, the employee so disciplined may use this procedure or the procedures described in TBR policy 1:06:00:05. In the case of actions involving appeals requested pursuant to TBR Guideline P-080 Section V (D), both the complainant and the respondent have an opportunity to appeal the President’s decision in writing within ten (10) working days. See TBR Guideline P-080, Section V (D) for additional details.

III. Definitions

1. Issues subject to the Grievance or Complaint Procedure. There shall be two types of issues which the college will address through this policy. These two types are: 1) grievances which are subject to grievance panel review, and 2) complaints which must be resolved without grievance panel review.
   1. Grievances – (Grievance panel review available) - An employee may only grieve those matters defined in a. through c. below. A grievance may result from any action the institution has taken against the employee which:
      1. violates institution or TBR policy, or involves an inconsistent application of these same policies;
      2. violates any constitutional right. The most likely areas of concern are the First, Fourth, or Fourteenth Amendment of the federal constitution when that action hampers free speech, freedom of religion, the right to association, provides for improper search and seizure, or denies constitutionally required notice or procedures; or
      3. violates a federal or state statute not covered by TBR Guideline P-080.
   2. Complaints – (Grievance panel review not available) - A complaint is a concern which an employee wants to discuss with supervisory personnel in an effort to resolve the matter. Personnel actions such as performance evaluations, rates of pay, position reclassifications, or position terminations due to reduction in force do not fall under the definition of complaint.
   3. Employees – All references to the term “employee(s)” contained in this policy, include only those individuals defined in this paragraph. Employees shall include administrators, faculty members (though not including faculty on adjunct contracts), professional non-faculty, clerical and support personnel. Probationary employees and student workers are not included in the definition of employees.
   4. Employment Action – Employment action is the demotion, suspension without pay, termination of an employee, or work assignments or conditions of work which violate statute or policy.

IV. Applicability Of Procedures For Grievances And Complaints

1. All employees shall have access to the grievance/complaint procedure.
    
2. All employees are encouraged to discuss any problem with their immediate supervisor prior to utilizing any grievance/complaint procedure. If a resolution is not reached, the grievant/complaint may consult with the next supervisory level, up to and including through the direct report to the president. An effort shall be made to resolve each grievance/complaint at the lowest level possible.
    
3. All grievances and complaints which cannot be resolved through the process outlined above shall be filed in writing with the executive director of Human Resources. The executive director of Human Resources shall assist in proper documentation of the grievance on a WSCC Grievance Form or Complaint Form and refer the grievance/complaint to the appropriate supervisory level for processing through administrative channels. Each grievance/complaint may be heard at each level of the supervisory chain, up through and including the president.

V. Resolution And Responsibility For Implementation

1. The president provides the final decision, at the institutional level, where a grievance is involved.
    
2. No employee shall retaliate or discriminate against another employee because of the latter employee’s filing of a grievance or complaint. In addition, no employee shall coerce another employee or interfere with the action of another employee in the latter employee’s attempt to file a grievance or complaint.
    
3. Administrative, academic and supervisory personnel should also be informed that they are responsible for ensuring that the employee is free from retaliation, coercion and/or discrimination arising from the employee’s filing of or intent to file a grievance or complaint.
    
4. Written grievances must be stated in reasonable and temperate terms.
    
5. Written grievances should contain, at a minimum, the following information:
   1. the grievant’s name and job title
   2. the department or division in which the grievant is employed
   3. explanation of the grievance citing the specific policies or statute claimed to have been violated or inconsistently applied, or the constitutional right abridged
   4. names of persons with whom the grievance has previously been discussed and date on which the grievance was discussed with each
   5. corrective action desired
   6. date the written grievance is filed
   7. signature of the grievant
6. The institution provides pre-printed forms asking for the desired information.
    
7. A written grievance may be returned to the grievant for additional information or restatement in clearer terms.
    
8. The supervisor, or any person who has been charged with making the decision at each step, is responsible and has the authority for conducting a thorough and independent investigation.
    
9. Employees shall be given the opportunity to pursue grievances pursuant to this policy during regular business hours. Each party shall have access to all persons, places, and official records for information necessary to the determination and processing of a grievance within regular business hours unless other arrangements are required. This access shall not interfere with normal work-flow of the institution.
    
10. A grievance may be withdrawn in writing by the grievant at any time during the process.
     
11. A grievance which is the subject of an action filed with an external body shall not be processed through this policy. The term external body includes a court, federal or state administrative body such as the Equal Employment Opportunity Commission, Office of Civil Rights, or Tennessee Human Rights Commission.
     
12. A grievance which is the subject of a harassment complaint which is being pursued through WSCC Policy No. 06:34:00 shall NOT be processed through this policy.
     
13. The executive director of Human Resources is responsible for briefing the president on all grievances and complaints filed with the Human Resources Department.

VI. Grievance/Complaint Process

1. A grievance must be initiated within fifteen (15) work days after the employee receives notice or becomes aware of the action which is the basis for the grievance.
   1. The administrator considering the grievance at each step shall issue a written decision with specific reasons stated for the decision.
   2. If the employee is not satisfied with the decision at any step, he/she must carry the grievance forward to the next step within fifteen (15) workdays after receiving the written decision.
   3. If the employee does not carry the grievance forward within fifteen (15) workdays, the grievance procedure shall be terminated and the grievance disposed of in accordance with the last written decision.
   4. For purposes of this procedure, the term “workdays” refers to normally scheduled hours of operation.
   5. Any party involved in the grievance proceeding may request (in writing) a one-time extension of any deadline set forth in the policy. The president will consider extension requests based upon extenuating circumstances which are beyond the individuals’ control.
   6. Once a grievance is initiated, the grievant may not later present the same grievance again in an attempt to gain a more favorable outcome.
2. Testimony, Witnesses and Representation
   1. At every step, the employee may testify and present witnesses and materials in support of his/her position.
   2. The testimony of an employee, given either on his/her own behalf or as a witness for another employee, will not subject an employee to retaliatory action.
   3. At every step, the employee may be accompanied by an advisor; however, the advisor may not act as an advocate but may act as an advisor only.
   4. Steps of Review
      1. Step 1- Supervisor or Administrator Instituting Employment Action:
         1. Within fifteen (15) workdays after the employee receives notice or becomes aware of the action which is the basis for the grievance, the employee completes a Grievance Form (which may be obtained from Human Resources), submits it to Human Resources and provides a copy to his/her supervisor or the administrator instituting employment action. While a particular form is not required to file a grievance, the employee must make it clear that she/he intends to utilize the grievance procedures for resolution of the employment action.
         2. Within fifteen (15) workdays after receipt of the grievance, the supervisor or administrator initiating employment action and the employee must meet and discuss the grievance in a face-to-face meeting. At the request of either the grievant or the administrator, the Assistant Vice President for Human Resources may be present at the meeting.
         3. If the supervisor or administrator was not the one who recommended the original employment action, or is recommending a change from the original employment action, the supervisor or administrator will make a recommendation to the administrator who made the original employment action.
         4. Any changes from the original employment action must be approved by the President, as appropriate, before being communicated to the employee.
         5. Within fifteen (15) workdays after the face-to-face meeting, the supervisor or administrator must communicate the decision in writing to the grievant with specific reasons stated for the decision.
         6. If the supervisor or administrator fails to respond or if the decision is not satisfactory to the employee, the employee may carry the grievance forward to Step 2.
      2. Step 2 -Next Higher Level of Management:
         1. Within fifteen (15) workdays after receiving the written decision at Step 1, if the employee is not satisfied with the result of Step 1, the employee must notify Human Resources (in writing) that he/she wants further review.
         2. Human Resources schedules a face-to-face meeting to occur within fifteen (15) workdays after receiving notice that the employee wants further review of the next level administrator.
         3. Within fifteen (15) workdays after the face-to-face meeting, the next level administrator issues a written decision that includes specific reasons for the decision. If necessary, this process may be repeated until reaching a level of administration just below the president.
         4. Any changes from the original employment action must be approved by the president, before being communicated to the employee.
      3. Step 3 - Hearing:
         1. Within fifteen (15) workdays after receiving the written decision at Step 2, the employee may request a grievance hearing before a grievance panel of employees.
         2. The employee must notify Human Resources in writing whether he/she wants a hearing before a grievance panel. During the hearing, the grievant may have an advisor; however, the advisor may not speak on the grievant’ s behalf during the hearing.
         3. Alternatively, the employee may request a hearing under TBR Policy No. 1:06:00:05 (Cases Subject to TUAPA), if applicable.
         4. If the employee requests a hearing before a grievance panel, the president in consultation with the assistance vice president for human resources will select the panel members and designate one panel member as chair. There will be minimum of five panel members. The chair of the grievance panel convenes the hearing and arranges for the grievance to be heard.
         5. The grievance panel may include non-exempt staff employees, exempt staff employees, or a combination of both exempt and non-exempt employees.
         6. Employees serving in the unit where the grievant works will not be eligible to serve on the grievance panel.
         7. Consistent with the affirmative action goals of the college, the panel composition will be diverse.
         8. The grievance panel shall hear the grievance within fifteen (15) workdays, if practicable, after the date on which the employee submits his/her written request for a grievance hearing to Human Resources. The grievance panel may call witnesses, investigate, or make inquiries of employees/supervisors in the chain of command in order to gain information to arrive at a conclusion.
         9. The written recommendation of the grievance panel is subject to review by the President.
      4. Step 4 - Action by the President:
         1. The written recommendation of the grievance panel will be forwarded to the President.
         2. Within fifteen (15) workdays, if practicable, the president, executive director of Human Resources, or a designee will notify the grievant of the final decision.
         3. Grievances which are processed through the grievance panel, and upon which the president has made a decision, are appealable to the Chancellor only when they fall within the parameters set out in TBR Policy No. 1:02:11:00.

VII.Complaints

A. Complaints are not resolved in the process outlined in Section VI.

1. The applicability of Procedures for Grievances and Complaints must be presented in writing to the executive director of Human Resources with fifteen (15) workdays after the date the employee received notice or becomes aware of the action which forms the basis of the complaint.
2. If the complaint arises from a repeated or continuing occurrence, the time limit begins from the date of the last such occurrence.
3. Any complaint not presented within the time limit is waived and shall not be considered.
4. Once a final determination is made, the employee may not later present the same complaint in an attempt to gain a more favorable outcome.
5. Resolution of complaints at a minimum requires the institution to: 1) allow the employee to present facts and/or materials; 2) investigate the dispute; 3) attempt to find a solution.
6. The president or a designee shall be the final decision maker. Complaints do not include a right to any type of hearing, adversarial proceeding nor the right to appeal to the chancellor.

VIII. Maintenance Of Records

1. Copies of written grievances/complaints and accompanying responses and documentation will be maintained in the office of the Executive Director of Human Resources. Copies of grievances/complaints and accompanying responses will be maintained for at least two years after the date of employment decision.
    
2. Effective January 1, 2013, if an unfavorable finding to the grievant/complainant is made, the finding shall be maintained in the grievant/complainant’s personnel file.

IX. GRIEVANCE/COMPLAINT FORMS

The Office of Human Resources shall stock Grievance Forms and Complaint Forms for use by institution employees.

3/06; 10/13; 05/16; 04/21