Employee Grievance 3.0

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1.0    Purpose

This policy establishes guidelines for employees to resolve employment grievances.

2.0    Revision History

3.0    Persons Affected

3.1    Casper College employees. (The process to grieve a Title IX decision is different from the process described in this policy. Employees who want to grieve a Title IX decision should contact the Title IX administrator at the college.). 

4.0    Policy

The policy of Casper College is to ensure the following.

4.1    Casper College provides affected persons a formalized process where they may seek resolution to a grievance.

4.2    The college abides by all federal, state, and local laws regarding resolving employee grievances.

5.0    Definitions

5.1    Grievance. An expression of dissatisfaction related to wages, hours of work, application of college policies and procedures, perceived unfair or inequitable treatment or discipline, involuntary termination (except when the termination is a result of a reduction in force ), or other conditions of employment. Grievable items do not include basic management rights such as, but not limited to, the right to observe, evaluate, manage, direct, and assign employees, and the right to determine staffing patterns, compensation schedules, promotion, and tasks to be performed.

5.2    Grievant. The affected person submitting the grievance.

5.3    Respondent. The person(s) and department alleged to be responsible for causing the grievance. 

5.4    Assistance. Any type of aid used by either party to present their case.

5.5    Staff Advisor. This is a college administrator who is available to classified staff to discuss work related concerns, refer employees to applicable policies or to other college employees for information, and attend meetings when appropriate. Staff Alliance selects the administrator and the college president approves or rejects the selection. Classified staff may solicit the assistance of the staff advisor at any time.

5.6    Grievance Filing Form (GFF). The affected person completes this form to submit a grievance. The form is available from the Human Resources Department.

5.7    Grievance Panel. This five-person panel is responsible for conducting and participating in the grievance hearing. The president selects employees to serve on this panel for two-year terms. There will be at least one member from each employee group on the panel.

5.8    Grievance Panel Alternates. In addition to the grievance panel, the president will appoint three employees to serve as alternates for two-year terms. The president may ask alternates to serve on the panel if the president determines that any of the members of the panel may have a conflict of interest or are not available to serve.

5.9    Independent Hearing Examiner. An individual selected by the Board of Trustees (BOT) to conduct a grievance hearing when the president is the respondent. The individual should have arbitration or mediation experience and will be vetted by an attorney selected by the BOT to ensure that no conflict of interest exists. The individual cannot be someone who was or is currently employed at the college.

6.0    Responsibilities

6.1    The HR director is responsible for ensuring compliance with this policy and for maintaining all records, including outcomes of grievances, during grievant’s employment and for three years thereafter.

6.2    Grievant and respondent are responsible for adhering to the process set forth.

7.0    Procedures

7.1    General Conditions of the Grievance Process

7.1.1    The concerned parties should first attempt to resolve a grievance prior to initiating a formal grievance.

7.1.2    Resolution can take place at any level of the grievance process by mutual consent of the grievant and respondent.

7.1.3    Failure of the respondent to comply with any step in the procedure will cause the grievance to move to the next level. Failure of the grievant to initiate movement to the next level will end the grievance process. The HR director will notify all parties of such actions.

7.1.4    Casper College prohibits any retaliation or discrimination against the grievant for use of this policy. Perpetrators will be subject to disciplinary action.

7.1.5    If a party is unavailable to meet any deadlines in this procedure because of work schedule, the HR director may grant a reasonable continuance, as determined by the HR director, until the party is available.

7.2    Level I: Formal

7.2.1    The grievant submits a completed Grievance Filing Form (GFF) to the HR director no later than 14 calendar days after becoming aware of the event(s) that led to the grievance. The grievant will outline the relevant facts that form the basis of the grievance, indicate the issues in dispute, describe informal resolutions attempted, and state the resolution sought.

7.2.2    Upon receipt of the completed GFF the HR director will:

7.2.2.1    Provide the respondent with a copy of the GFF and ask the respondent to submit a written reply to the grievant and the HR director within 10 calendar days. The reply will (1) state the facts as alleged in the grievance, (2) confirm or deny each alleged fact, and (3) accept or reject requested relief or corrective action or propose alternative corrective action.

7.2.2.2    Review the submitted GFF and the respondent’s written reply to determine if the concern meets the definition of a grievance as defined by this policy. If it does not meet the definition of a grievance, the HR director will inform the parties and discuss alternative solutions to resolving the concern. If it does meet the definition of a grievance, the HR director will move to 7.2.2.3.

7.2.2.3    Schedule a meeting with the grievant, the grievant’s supervisor, and the next level supervisor within 14 calendar days of receipt of the grievant’s completed GFF.

7.2.2.4    Act as chairperson of the meeting, hear both sides of the dispute, render a written decision following the hearing, and provide the parties with copies of the decision.

7.2.3    Classified staff grievants may ask the staff advisor or a fellow employee to attend the meeting. Administrative and faculty grievants may ask a fellow employee to attend the meeting. The staff advisor or fellow employee may be present to provide support to the grievant; however, they are not allowed to actively participate in the process.

This meeting is not to be regarded as an adversarial proceeding and is not subject to the legal procedures of court. The presence of legal counsel is not permitted.

7.2.4    If the parties reach a resolution, the HR director will draft an agreement letter for the parties to sign. If the parties do not reach a resolution, the HR director will issue a decision to all parties on the grievance within 10 calendar days after the meeting. If the grievant disagrees with the decision, the grievant may move to Level II: Grievance Hearing.

7.3    Level II: Grievance Hearing

Grievances When the Respondent is Not the President

7.3.1    Grievant must submit a written request to the HR director for a grievance hearing within 5 calendar days of the notice of failure to reach resolution under Level I.

7.3.2    The HR director will arrange a hearing within 20 calendar days of receipt of the hearing request and notify all parties of the hearing date, time, and location as soon as the hearing is set. The HR director will attend all hearings.

7.3.3    The HR director will provide each panelist with copies of pertinent records prior to the hearing, act as moderator until the panel elects a chairperson from its own ranks, and inform the panel of existing policies and human resource practices relevant to the proceedings.

7.3.4    The grievance panel will conduct the hearing according to the following guidelines.

7.3.4.1    The grievance panel elects a chairperson from its ranks.

7.3.4.2    The chairperson will ensure a fair, orderly, and timely hearing.

7.3.4.3    The hearing is closed to anyone who is not part of the proceeding. Witnesses may be asked to give testimony but may not stay for any part of the hearing for which their presence is not required.

7.3.4.4    The hearing will be limited to issues presented in the original GFF and issues reasonably necessitated by intervening developments.

7.3.4.5    The grievance panel may request additional evidence.

7.3.4.6    If a party fails to appear at the hearing, the grievance panel may base its decision on the documents provided and the presentation of the parties present.

7.3.4.7    The HR director will record the proceedings, which will serve as the official record. Either party may request a copy of this recording at their own expense from the HR director.

7.3.4.8    Each party may use assistance and present witnesses. Each party must provide the other party with a list of assistance and witnesses at least 5 calendar days prior to the hearing. The presence of legal counsel is not permitted.

7.3.4.9    Classified staff may invite the staff advisor or a fellow employee to attend the hearing. Administrative and faculty may invite a fellow employee to attend the hearing. The staff advisor or fellow employee may be present to provide support to the grievant; however, they are not allowed to participate in the process.

7.3.4.10    The chairperson will administer the following oath to the grievant, the respondent, and any witnesses.

I agree to tell the truth, to the best of my knowledge, in these proceedings.

7.3.4.11    Each party will present its case, starting with the grievant. Following presentations by both parties, the grievance panel may ask questions or request additional evidence. Any witness who testifies will be open to questions from the grievance panel and cross-examination from the other party.

7.3.4.12    When the grievance panel is satisfied that it has sufficient information to render an informed decision, the chairperson will adjourn the hearing and the grievance panel will retire to a private conference. The grievance panel will arrive at its decision by majority vote. It will submit a written decision to the HR director with copies to the grievant and respondent within 5 calendar days of the decision. The decision will include a statement of pertinent facts, an aggregate vote tally, and the reasons for the grievance panel’s decision. A dissenting opinion may be included as part of the record.

7.3.4.13    Either party may appeal the panel’s decision to the president.

Grievances When the Respondent Is the President

7.3.5    Grievant must submit a written request to the HR director within 5 business days of receipt of the notice of failure to reach resolution under Level I.

7.3.6    The HR director will notify the BOT president and provide the BOT with a copy of the written request for a hearing.

7.3.7    The BOT will select an independent hearing examiner (hereafter referred to as examiner) to conduct the hearing. The examiner, with the assistance of the HR director, will arrange a hearing within 15 business days of receipt of the hearing request and notify all parties of the hearing date, time, and location as soon as the hearing is set. The HR director will attend all hearings.

7.3.8    The HR director will provide the examiner with copies of pertinent records prior to the hearing and inform the examiner of existing policies and human resource practices relevant to the proceedings.

7.3.9    The examiner will conduct the hearing according to the following guidelines.

7.3.9.1    The examiner will ensure a fair, orderly, and timely hearing.

7.3.9.2    The hearing is closed to anyone who is not part of the proceeding. Witnesses may be asked to give testimony but may not stay for any part of the hearing for which their presence is not required.

7.3.9.3    The hearing will be limited to issues presented in the original GFF and issues reasonably necessitated by intervening developments.

7.3.9.4    The examiner may request additional evidence.

7.3.9.5    If a party fails to appear at the hearing, the examiner may base his or her decision on the documents provided and the presentation of the parties present.

7.3.9.6    The HR director will record the proceedings, which will serve as the official record. Either party may request a copy of this recording at their own expense from the HR director.

7.3.9.7    Each party may use assistance and present witnesses. Each party must provide the other party with a list of assistance and witnesses at least 5 business days prior to the hearing.

7.3.9.8    Grievants and respondents may each invite a Casper College employee to attend the hearing as support but not to participate actively in the process. This meeting is not to be regarded as an adversarial proceeding and is not subject to the legal procedures of court. The presence of legal counsel is not permitted.

7.3.9.9    The examiner will administer the following oath to the grievant, the respondent, and any witnesses.

I agree to tell the truth, to the best of my knowledge, in these proceedings.

7.3.9.10    Each party will present its case, starting with the grievant. Following presentations by both parties, the examiner may ask questions or request additional evidence. Any witness who testifies will be open to questions from the examiner and cross-examination from the other party.

7.3.9.11    When the examiner is satisfied that he or she has gathered sufficient information, the examiner will adjourn the hearing and submit written findings and a recommendation to the BOT.

7.3.9.12    The BOT will review the findings in a closed executive session. The BOT will vote to accept or reject the determination of the examiner at its next regularly scheduled meeting, or at an advertised special board meeting at the discretion of the BOT. The BOT’s decision may not be appealed.

7.4    Level III: Appeal to the President (When the Respondent is Not the President)

7.4.1    The appealing party submits a written appeal to the college president within 10 calendar days of receipt of the panel’s decision. No additional evidence is permissible.

7.4.2    The president reviews pertinent records and prior decisions and may convene a meeting with the grievant and respondent and, if he or she wishes or if requested by either party, hear arguments from the parties. The president may uphold or reverse the grievance panel’s decision or reach an alternative solution. The president will submit a written decision to the HR director, grievant, and respondent within 20 calendar days of receiving the written appeal or after hearing arguments, if arguments were held. If the president does not respond within the prescribed time, the decision of the hearing will become binding.