PERSONNEL-MANAGEMENT RELATIONS

Transcription

1 DEFINITIONS Business days means College District days where College District offices are open unless otherwise noted. In calculating time lines under this regulation, the day an event occurs or a document filed is day zero. The following business day is day one. A grievance means a work-related problem or condition that an employee believes is discriminatory or a hindrance to effective performance of the employee s job. A grievance includes the results of a performance evaluation except for faculty evaluation. A grievance also includes discrimination, harassment, or retaliation on the basis of race, color, national origin, religion, gender, gender identity, gender expression, sexual orientation, age, marital status, disability, veteran status, limited English proficiency, or any other basis prohibited by law but does not include sexual harassment, which is covered in DIAA(LOCAL) in this manual. A complaint under this policy may include: 1. Complaints concerning an employee s wages, hours, or conditions of work, including performance evaluations or reviews; 2. Violations of College District policy; 3. Specific allegations of unlawful discrimination or harassment based on the race, color, national origin, religion, gender, gender identity, gender expression, sexual orientation, age, marital status, disability, veteran status, limited English proficiency, or any other basis prohibited by law; 4. Specific allegations of unlawful discrimination or retaliation based on the exercise of legally protected rights; 5. Specific allegations of adverse personnel action based on the employee s good faith report to an appropriate law enforcement authority of a violation of a law by the College District or a College District employee, i.e., whistleblower complaints [see DG]; 6. Complaints arising from the termination of an at-will employee [see DM]; 7. Complaints arising from the nonrenewal or termination of a contract employee [see DMAA and DMAB]; or 8. Any other complaint brought by an employee against another employee, supervisor, manager, student, vendor, or the College District. For more information on complaints regarding: DATE ISSUED: 8/18/ of 5 -X

2 1. Alleged discrimination/harassment/retaliation, including violations of Title IX or Section 504, see DIAA and DIAB. 2. Dismissal of a term contract employee, see DMAA. 3. Nonrenewal of a term contract employee, see DMAB. 4. A commissioned peace officer who is an employee of the College District, see CHA. 5. An employment preference for former foster children, see DC. 6. Alleged harassment, see DIAA and DIAB. 7. Alleged retaliation (whistleblower), see DG and DH. This regulation does not prohibit or limit the hearing of complaints by citizens. [See GB] COMPLAINTS LIMITATION CONSOLIDATING COMPLAINTS TIME LIMITATIONS For purposes of this regulation, terms are defined as follows. The terms complaint and grievance have the same meaning and may be used interchangeably. This grievance procedure applies to any full-time administrator, professional, support staff employee, and faculty. The grievance procedure is not designed to include a grievance that relates to a change in policy, sexual harassment, termination, layoff, or matters of contract status, which are generally handled through other policies or regulations. A recommendation to initiate new policy or to change existing policy is handled through normal administrative channels. Sexual harassment is covered in DIAA(LOCAL) in this manual. Personal problems, personality conflicts, or similar matters between employees will be addressed by appropriate administrative personnel rather than the grievance procedure. Complaints arising out of an event or a series of related events must be addressed in one complaint. Complainants must not bring separate or serial complaints arising from any event or series of events that have been or could have been addressed in a previous complaint. When two or more complaints are sufficiently similar in nature and remedy sought to permit their resolution through one proceeding, the College District may consolidate the complaints. A grievance must be handled with reasonable promptness both in submission and processing at each level. An employee may submit a grievance within 30 business days from the event or occurrence to the employee s first-level supervisor. The College District human resources department will create a form to submit a griev- DATE ISSUED: 8/18/ of 5 -X

3 ance with appropriate deadlines to comply with this regulation. Exceptions to the 30-day limit will be considered by the College President only in extraordinary circumstances. If the grievance is not timely submitted, the complaint may be dismissed, upon written notice to the complainant, at any point without a meeting with the complainant. Ordinarily, the grievance process is completed within 30 business days of submission of a grievance, but delays may occur from time to time due to holidays, vacation, nature of investigation, or other valid reasons. A supervisor will report a delay to the location human resources representative. PRESENTATION NO RETALIATION PROCEDURE GUIDELINES FOR FORMAL REVIEW Initial presentation of a grievance must be in writing on a grievance form and must specify reasons for the grievance. All supervisors will give each employee a full opportunity to present a grievance without fear of coercion or reprisal. An employee may choose a person to accompany him or her to any meeting required by this grievance procedure. The College District will not tolerate any form of retaliation against employees who use this procedure. Nothing in this procedure limits or delays the College District s right to take appropriate disciplinary action, up to and including termination, when an employee s behavior warrants the action. An employee should make every effort to resolve a work-related problem or condition before initiating the grievance procedure. An employee who files a grievance must discuss the grievance with the employee s location human resources representative. During this discussion, the human resources representative and the employee will review all written policies and procedures that they believe are pertinent to the grievance. If, after this discussion, the employee wishes to file a grievance, the employee will complete the grievance form and submit it to the employee s first-level supervisor. The most satisfactory solution may often be accomplished with the first-level supervisor. If discussion with an employee s supervisor does not resolve a grievance to the employee s satisfaction, the employee may proceed to the next level of supervision and eventually through the regular line of authority to the College President. The procedure is still quite informal, flexible, open, and designed to seek a satisfactory solution with a minimum of formality. The College President will conduct a formal review if an employee submits a written request for the review. A formal review to the College President is governed by the following guidelines: 1. The College President is authorized to: DATE ISSUED: 8/18/ of 5 -X

4 a. Require each employee to provide a written statement along with any documentation concerning the events, circumstances, and facts that give rise to a grievance; b. Require appropriate personnel to appear and provide information; and c. Question each employee who testifies. 2. A review by the College President is not an adversarial proceeding. The College President will conduct this review in a professional and cooperative manner and all participants are expected to do likewise. An attorney or other representative of a grievant may present a grievance to the appropriate supervisor at any time during this grievance procedure. The College President has authority to require production of documents or appearance of witnesses, or both, that the College President deems relevant to a review. Failure of any employee to comply or cooperate with a request by the College President may subject the employee to disciplinary action, including termination. FINAL DISPOSITION The College President is the final level for review and decision unless the College President is an immediate supervisor of an employee who requests a formal review. In that event, the vice president of educational affairs or of business affairs is the final level and is bound by the same procedures and guidelines as the College President. The College President will designate one of these vice presidents to conduct a formal review. In any case, the College President may defer the final review process and decision to the designated vice president when the College President believes the deferral would provide a greater degree of confidence in this procedure. The following will apply to final disposition: 1. The College President or the designated vice president will report a decision in writing to an employee within ten business days after conclusion of a review. The rationale for the decision must be included in the College President s or designated vice president s written report. The College President or the designated vice president may also make recommendations to resolve a grievance that are binding on all personnel. 2. If the College President or the designated vice president decides to uphold the employee s grievance, the College President or the designated vice president must return the matter to the employee s immediate supervisor for appropriate re- DATE ISSUED: 8/18/ of 5 -X

5 view, response, and action that is consistent with recommendations of the College President or the designated vice president. COLLEGE DISTRICT OFFICE PRESIDENT BOARD ACTION In the College District office, the grievance procedure is the same as above except the appropriate president is the final authority. If a grievance is filed against the College President, vice president, or a member of the College President s staff, the College President may designate the provost or the vice president of business affairs to conduct a formal review under the same procedures and guidelines as the College President. The designated provost or vice president will report findings from this review to the College President, who will report a decision in writing to an employee in a prompt manner. The College President is the final authority. The College President may review any grievance at any location and take appropriate action if necessary. By law, the Board is not required to take any action concerning a grievance but is required to listen if the grievance is presented at a public meeting. Under the Texas Constitution, any employee may present a grievance to the Board regardless of the provisions at LIMITATION, above. DATE ISSUED: 8/18/2016 REVIEWED: 5 of 5 -X