Chapter Two: Personnel
 
Procedure Title: Grievance Process
Based On: Board Policy 3
Procedure Number: 2.12
Date Adopted/Revised: April 29, 2001; November 21, 2006; May 15, 2007; March 29, 2010
 
South Arkansas Community College recognizes that problems involving employer-employee relations will arise from time to time. It is in the best interest of both the College and the employee to resolve these matters as soon as possible at the lowest level possible. In cases where resolutions cannot be reached either the department, or the College’s designated Grievance Officer will support efforts to facilitate their process. In order that employees may be assured fair consideration of their problem(s), a means of review and appeal, without prejudice, to higher levels of authority has been established. Appeals of employee evaluations should follow procedure number 2.11, section VI.
  1. Procedure for Filing a Grievance

    1. An employee having a grievance, complaint or question concerning the condition of his/her employment should discuss the issue verbally with his/her immediate supervisor and, if possible, arrive at a mutually agreeable solution.

    2. If, however, a settlement is not reached, within five (5) working days after the presentation of the grievance to the immediate supervisor, the employee may then submit his/her complaint, in writing, to the next level supervisor. The written grievance must contain a clear and concise statement of the circumstances, as applicable, the date of the action or condition giving rise to the grievance, the issue involved, and the relief sought. In some cases, a grievance is solely involved with the merits of a particular College policy. In other instances, a policy or action may be perceived as being discriminatory based on race, sex, disability*, religion, age, or national origin.

    3. Within three (3) working days after the immediate supervisor receives the written complaint, copies of all pertinent documents will be filed with the Vice President for Learning (unless the Vice President for Learning is involved then the Vice President for Finance and Administration will then determine within three (3) working days which administrative officer will handle the next step.

    4. Within five (5) working days after receiving the pertinent documents from the office of the Vice President for Learning, either the Vice President for Learning, or Vice President for Finance and Administration will consult with the persons involved; discuss the matter with the employee and, if feasible, settle the matter to the satisfaction of the employee and his/her supervisor.

    5. If a mutually agreed upon settlement is not forthcoming within the time period allowed, the employee can submit the written grievance to the Chairperson of the Grievance Committee.

    6. The committee will meet and hear the concerns within ten (10) working days. If desired, the employee may bring a colleague to assist in presenting the facts of the grievance before the committee. The principal parties involved may call witnesses for testimony.

    7. Within five (5) working days of the conclusion of the grievance hearing, the committee will submit a statement of its findings and recommendations to the President for the final decision on the matter.

    8. If the grievance is lodged directly against the President, the grievant will make the grievance in writing to the Vice President for Learning who will act as the Grievance Officer. Within five (5) working days the Grievance Officer will arrange a meeting between the two (2) parties and attempt to arrive at a solution. If a solution is not reached at this meeting the Grievance Officer may submit the grievance to an outside mediator who will attempt to achieve a solution or make a final recommendation to the President for consideration and decision.

  2. The Grievance Committee exists for the following purposes:

    1. To hear evidence of complaints per the written grievance procedures on individual complaints and/or charges of discrimination with regard to race, sex, color, religion, age, disability*, or national origin.

    2. To make findings through a report to the President as to the validity of such charges.

    3. To make recommendations in order to resolve the complaints of individuals.

    4. The Grievance Committee is a standing committee as appointed by the President consisting of the following full time employees. Members who decline participation to resolve a specific case may be replaced by a temporary appointment by the President. Administratively, the chairperson may eliminate anyone from the potential pool with personal involvement in the case being considered. The committee selected to hear the case is based on grievant employment status.

  3. Composition of a Faculty Grievance Committee

    1. Chair to be selected by the President from Faculty rank

    2. Three (3) faculty members

    3. One (1) division chair

  4. Composition of a Non-Classified/Classified Grievance Committee

    1. Chair to be selected by the President from one of the non-classified members below level of Vice President.

    2. Two (2) non-classified staff members below level of Vice President.

    3. Two (2) classified staff members
* Employees who wish to file a grievance based on complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the Americans With Disabilities Act shall follow the grievance procedure described in South Arkansas Community College Administrative Policy, Section 6.2.