Policy 6.9: Employee Complaints and Grievances

Related Policies & Procedures

Procedures

  1. Employee Complaints and Grievances Procedures

Rationale

The individual is the cornerstone of the success of Haywood Community College. The academic excellence the College seeks will be attained only as energies are released and used creatively in an atmosphere dedicated to satisfying the needs and fulfilling the aspirations of those who make up Haywood Community College. Understanding and respect should be sought between administrator and instructor, supervisor and employee, and among individuals of varying make-up who come together for any accepted institutional purpose.

Disciplinary action should not be the sole occasion of communication. Rather, such action should be the exceptional instance in a continuous process of relating individuals to one another and to the College. There must be provided an outlet for expression when all else fails - when, for any reason, an individual feels wronged by or otherwise estranged from the rest of the institution's society. Action taken by the College on such occasions should be restorative in nature and should serve to reaffirm and to enhance the concept of individual importance.

Instances of discontent should be brought to the attention of the immediate supervisor of the individual desiring corrective action. Every such instance should be resolved by the parties concerned whenever possible. Prompt, understanding and decisive action, in complete confidence, is vital to determine and to eliminate, whenever possible, the cause of individual dissatisfaction. Care should be exercised to avoid aggravating or spreading discontent by thoughtless, injudicious or unwise handling of matters herein described.

Definitions

Complaint
An expression of displeasure or dissatisfaction with some phase of operations of the College and/or with the actions of another individual. The complaint may stem from procedure or the lack of it, or may originate in human attitudes, actions, or reactions.
Grievance
A grievance is a complaint which the complainer considers serious enough to threaten his or her continued status as a member of the College community. The complainer has exhausted all opportunities for redress. A grievance is very serious. Improperly handled, it may discredit the College.

Procedures and Responsibilities - Complaints

  1. Where such matters are not resolvable by other means, a complaint may be registered orally or in writing to the next supervisory level in the institutional organization.
  2. Action upon any complaint may be appealed to the administrator or the supervisor or Division Chairperson under whom the complaint was originally registered.
  3. If the complainer is not satisfied after following step 2, then the complaint is taken up through the organizational structure as far as the appropriate Vice President.
  4. A written record will be made by the official or officials acting upon a complaint or appeal, to include the names of the parties, the circumstances and action taken. These records will be informal and will be destroyed after one year by the concerned official.

Procedures and Responsibilities - Grievances

  1. The Board of Trustees is the final institutional authority for action regarding grievances originating within the institution.
  2. Upon request by the aggrieved person and after the appropriate Vice President has been notified in writing by the aggrieved person of the intent to file a grievance, the Secretary to the President will type the formal grievance for signature and submission to the President. The document will set forth the nature of the grievance and describe specifically and in detail efforts to obtain redress. Sufficient copies of the grievance will be made to permit distribution to the parties concerned.
  3. The President will appoint a grievance committee consisting of not more than five (5) individuals to investigate the validity of the grievances and to recommend appropriate action. Members of the committee will be full-time employees and not involved in the grievance.
  4. The Grievance Committee will meet to take and consider testimony within three (3) working days after its convocation by the President. The Secretary to the President will keep complete and detailed formal records of testimony considered by the committee. An audiotape recording is suitable for these purposes.
  5. Private legal counsel may be retained by either party to a grievance to represent his or her testimony before the committee. In the event that counsel will be present, the other party or parties to the grievance and the President will be advised at least twenty-four (24) hours in advance of the committee meeting.
  6. Seven (7) working days are allowed for deliberation and completion of committee findings and recommendations. The complete record, including the transcript, conclusions, and recommendations, will be submitted to the President for action deemed appropriate by him/her. A simple majority of the committee will suffice to determine the nature of the report. A statement of non-concurrence will be included if deemed appropriate by any member. All members will sign the submitted report.
  7. The President will advise all concerned in writing of his or her action with respect to the grievance.
  8. Either the aggrieved person or the person against whom the grievance was lodged may appeal the action to the Board of Trustees within ten (10) working days of action by the College President. Such appeal will be rendered by formal letter through the President, setting forth the reasons for the appeal. The President will, thereafter, forward the transcript of action by the Grievance Committee and copies of his or her actions for consideration by the Board of Trustees.
  9. Nothing herein should be considered as prejudicing the rights of members of the institutional community to utilize the courts on appropriate occasions.
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