Prior to Filing a Grievance
An employee who believes he or she has been discriminated against in
violation of this Policy is encouraged to first seek a resolution of the
problem through discussion with the person(s) directly involved, including his
or her supervisor. In cases where an employee chooses not to discuss the
problem with the person(s) directly involved or with his/her supervisor, he or
she may consult with the College Ombudsperson, the Director of EO/AA or a Human
Resources Consultant about possible resolutions and next steps. Designated
personnel in these offices will attempt to resolve the problem through
consultation and discussion.
Normally, resolution at this stage does not involve a factual investigation
or a conclusion that the Policy was or was not violated. Rather, it
involves an opportunity for communications regarding areas of dispute in hopes
of resolving the dispute.
When resolution is not reached in EO/AA or HR, the employee should consult
with the Ombudsperson to discuss other resolution options and the procedure for
bringing a formal grievance. Please note: While a non-union
employee is free to use any of the resources identified above in order to
resolve his or her concern, the College expects that non-union employees will
consult with the Ombudsperson prior to initiating a formal grievance under this
Policy or the General Grievance Policy. This step will help ensure that
the employee has evaluated resolution options and invokes the right procedures
to address the employee’s concern. The Ombuds Office will not be part of
any formal grievance process and will not take sides in any
dispute.
Internal Review
1. To initiate a Grievance under this Policy, the grievant submits a written
statement outlining the relevant facts that form the basis of the complaint and
stating the relief sought to the Office of Equal Opportunity and Affirmative
Action. The Director of EO/AA, or her designee, will, if requested, assist in
preparing the statement.
2. Upon receiving the written statement, the Director will notify the
appropriate division leader or department head that the grievance has been
filed. The
Director will then initiate an inquiry into all facts relevant to the case and
will decide, within two weeks of receipt of the grievance, whether or not the
Policy has been violated. This process typically involves meetings with
the grievant and the respondent and other relevant witnesses.
In some cases, the Director will meet with the grievant and the respondent
at the same time. If the grievant wishes, a fellow College employee may
accompany the grievant to the meeting to provide support at such a
meeting. However, as this is an internal meeting, non-employees,
including legal counsel, are not permitted at the meeting.
3. If the Director decides that the Policy was not violated, the
grievant will be advised in writing as to the reason for this decision.
Where EO/AA determines that the matter does not involve a violation of the
Policy, but the events underlying the grievance merit further attention, EO/AA
will refer the case to the appropriate office.
4. If the Director finds that the Policy was violated, the Director will
attempt to identify an effective resolution. The resolution process will, if
possible, be completed within three weeks of the Director's determination. If
the situation is resolved to the satisfaction of the employee who brought the
grievance, the case will be considered closed. If the employee is not
satisfied with the resolution made available by the Director, the employee may
request a review of the matter by the Hearing
Review Board.
5. If the Director cannot determine whether or not the Policy was
violated, the grievance should be forwarded to Hearing
Review.
Grievance Procedure General
Provisions govern the Internal Review process.
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