I. Purpose
A. The purpose of this Employee Grievance Procedure (“Procedure”) is to implement the Employee Grievance Policy (“Policy”) of Anne Arundel Community College (“College”) by providing an orderly process, which incorporates appropriate due process standards and provides for the prompt resolution of employee grievances at the College.
B. This Procedure sets forth the process for the filing, consideration, and disposition of Employee Grievances, including an opportunity for informal discussion, mediation, formal review, and appeal.
C. The grievance process is a mechanism for Employees to formally raise concerns and provides a process to address those concerns.
II. Scope and Applicability
A. This Procedure applies to all College employees, except as set forth in the Policy.
B. This Procedure applies to any Grievance, as defined in the Policy, that is alleged by a College Employee(s).
C. This Procedure does not apply to matters set forth in the Exceptions Section of the Policy.
D. Where an Employee(s) has pursued or is pursuing substantially the same matter that is the subject of a Grievance through another applicable College complaint procedure, the Employee(s) may not pursue a Grievance pursuant to this Policy or Procedure.
E. To the extent that the College Manual conflicts with this Procedure, this Procedure supersedes the College Manual.
III. Definitions
A. All capitalized terms in this Procedure have the meanings provided in the Policy.
B. All other capitalized terms in this Procedure have the following meanings:
1. Advisor means another employee of the College selected by the Grievant or Respondent to offer advice and/or support to a Grievant or Respondent.
2. Business Day is any day that is not a Saturday or Sunday or day that the College is closed, such as holidays, spring break, winter break, or other day that the College announces that it is closed.
3. CCFPO is the College’s Chief Compliance and Fair Practices Officer.
4. Constituency Group means The Faculty Organization (“TFO”), the Administrative Staff Organization (“ASO”), and the Professional and Support Staff Organization (“PSSO”).
5. Decision Maker is the College employee or group of employees to whom the Grievance is submitted for investigation and determination, as described below for each Step.
6. VP is the Vice President who oversees one of the College’s divisions.
7. Formal Grievance Process begins with the filing of the Grievance Form and refers to the review process set forth below.
8. Grievance Committee is a pool of Employees, made up of three (3) members from each Constituency Group, and the Vice Presidents of the College, from which members will be drawn to make up the Hearing Board.
9. Hearing is an official meeting that is held to collect facts about the allegations and make a decision.
10. Hearing Board means the three (3) Employees selected from the Grievance Committee, as set forth below, to conduct a Hearing and serve as the Decision Maker at Step 2 of this Procedure.
11. Hearing Officer is the VP selected to serve on the Hearing Board who will preside over the Hearing at Step 2.
12. HR is the Office of Human Resources.
13. Informal Discussion or Informally Discuss means an attempt by the Grievant to reach a mutually-agreed upon resolution with the Respondent without outside intervention.
14. Next Line Supervisor means an Employee’s immediate supervisor to whom the Employee reports, unless the Employee’s immediate supervisor is the Respondent, in which case, the Next Line Supervisor is the Respondent’s immediate supervisor.
15. Party or Parties refers to the Grievant and/or the Respondent.
16. Preponderance of the Evidence means it is more probable than not that the Prohibited Action occurred.
17. Record means a copy of the recording of the Hearing, the witness and evidence lists, and all evidence presented at the Hearing.
18. Step 3 Appeal File means all prior Grievance Forms, all prior Grievance Decision Forms, the Record, Step 3 Response Form, if any, and the Step 3 Reply Form, if any.
19. Written or in writing means in the form of a letter, document, email, or electronic communication or transmission.
IV. Right to an Advisor
A. A Grievant and a Respondent each has the right to be accompanied by an Advisor who is another employee of the College and is available to accompany the Grievant or Respondent at any Step of the Formal Grievance Process, including any meeting or Hearing.
1. The Advisor must not be involved in a conflict of position, such as a member of HR, the CCFPO, or General Counsel’s office.
2. The Advisor may not be a witness or otherwise involved in the subject matter of the Grievance.
3. The College will not tolerate discrimination or Retaliation against the Advisor based on the Advisor serving in this role on behalf of either Party.
4. If an Advisor believes the Advisor has been subject to discrimination or Retaliation as a result of serving as an Advisor, the Advisor may file a complaint of discrimination under the applicable procedure or a Grievance.
B. The Grievant or Respondent must notify the CCFPO or designee if they want to bring an Advisor to a meeting or Hearing during the Formal Grievance Process at least one (1) Business Day prior to the meeting and at least three (3) Business Days prior to a Hearing.
C. An Advisor will be required to sign a Confidentiality Statement Form and return it to the CCFPO or designee prior to attending a meeting or Hearing during the Formal Grievance Process.
D. An Advisor is not permitted to be an active participant in the Formal Grievance Process and has a non-speaking role; rather, during a meeting or Hearing, the Grievant or Respondent may request to confer with the Advisor in private for support and advice.
E. A Grievant or Respondent may choose to present or respond to a Grievance or attend a meeting or Hearing without an Advisor.
F. An Advisor may not delay or disrupt any proceedings.
G. If the Advisor does not comply with this Procedure, the Advisor may be asked to leave and if so, will not be permitted to participate further.
V. Initial Discussion
A. Prior to filing a Grievance, an Employee is encouraged to attempt to Informally Discuss the complaint with the Respondent.
B. When attempting to Informally Discuss the matter, the Employee should describe, verbally or in writing, to the Respondent the alleged Prohibited Action and suggest a solution or remedy.
C. The Parties should make a good faith effort to resolve the issues raised through Informal Discussion.
D. The Employee should keep records of attempts to Informally Discuss the matter.
E. If the issue is resolved informally, the Parties should document the resolution that was agreed-upon in writing to avoid further disputes regarding the underlying issue or misunderstandings regarding the resolution.
VI. Filing a Formal Grievance
A. Grievance Form
1. If the issue was not resolved to the Employee’s satisfaction through Informal Discussion, the Employee may submit a Grievance Form, selecting Step 1 – Initial Grievance, to the CCFPO or designee via email to begin the Formal Grievance Process.
2. The Grievance Form must include a description of the alleged Prohibited Action, including the basis of the Grievance, the date of the initial event that gave rise to the Grievance, an explanation of prior attempt(s) to Informally Discuss the complaint, and a proposed remedy or resolution.
3. The Grievant may include any relevant documents with the submission of the Grievance Form.
B. Deadline for Filing a Grievance Form
1. The Grievance Form must be submitted within twenty (20) Business Days of the initial event or act giving rise to the Grievance, not including the date of the initial event or act.
a. The date of the event or act is the date of the communication giving rise to the Employee’s Grievance, not the effective date of the action (e.g., if an Employee was told on February 1 that the Employee is being terminated and that the last day of employment is February 15, the event would be considered the conversation or written communication where the Employee was notified of the termination and the deadline to submit the Grievance Form would be March 1, which is twenty (20) Business Days after the Employee was initially notified of the termination).
b. If the date of the initial event is not able to be determined, the Employee must submit a Grievance Form within twenty (20) Business Days of the date upon which the Employee reasonably should have known of the facts giving rise to the Grievance.
2. The time that it takes to attempt to Informally Discuss the complaint does not extend the deadline for filing the Grievance Form.
C. Dismissal of Grievance
1. If a Grievance Form is not timely submitted, the Grievance is considered waived, unless the Grievant can show extenuating circumstances that justify considering the request beyond the deadline, such as a medical emergency.
2. If the Grievant submits the Grievance Form after the deadline, the Grievant must show how the extenuating circumstances prevented the Grievant from timely filing.
3. Upon receipt, the CCFPO or designee will review the Grievance Form to determine if it was timely and whether the subject matter contained in the Grievance Form is grievable.
4. The CCFPO or designee will then make a decision as to whether the Grievance can proceed or will be dismissed.
a. If the Grievance is not dismissed, the CCFPO or designee will forward the Grievance Form to the Respondent and the Decision Maker for Step 1, as defined in the Section titled Step 1 – Initial Investigation and Decision below.
b. If the Grievance is dismissed, the CCFPO or designee will notify the Grievant in writing, stating the reason(s) for the dismissal.
i. The CCFPO or designee may, in the CCFPO’s or designee’s discretion, give the Grievant an opportunity to amend the Grievance Form in order to articulate grievable subject matter.
ii. If granted an opportunity to amend, the CCFPO or designee will provide a deadline that does not exceed five (5) Business Days for the amended Grievance Form to be submitted.
c. The CCFPO’s or designee’s decision regarding dismissal is final and is neither grievable nor appealable.
D. HR may be contacted at any time for additional information, guidance, or assistance in interpreting any part of this Procedure.
VII. Formal Grievance Process
A. An Employee will follow the Steps in the order described below, as needed to resolve the Grievance, subject to any breaks in the process if a Party requests Mediation in accordance with the Mediation Procedure.
B. Each Decision Maker responsible for considering a Grievance must give the Grievance fair, impartial, and prompt consideration consistent with this Procedure.
C. The scope of the review of the Grievance by the Decision Maker is limited to the issues raised in the Grievance Form.
D. A decision at any Step of this Procedure will be final and binding for that Grievance unless a Party initiates an appeal to the next Step within the deadline set forth below.
E. If a Grievance is pending and the Respondent is the Grievant’s direct supervisor, any scheduled performance evaluations will be postponed until the Grievance is resolved. Once the Grievance is resolved, the Grievant or the Supervisor may request that a representative of HR attend the next performance evaluation of the Employee after the Grievance has been resolved.
F. Step 1 – Initial Investigation and Decision
1. Decision Maker
a. The Respondent’s Next Line Supervisor will serve as the Decision Maker for Step 1, unless an exception applies.
b. Exceptions
i. If the Respondent is an Executive Director, Dean, Associate Vice President, VP, or Employee who is a direct report of the President, the CCFPO or designee will serve as the Decision Maker at Step 1;
ii. If there are multiple Respondents that do not report to the same Next Line Supervisor, the CCFPO or designee will serve as the Decision Maker at Step 1, unless one of the Respondents is the President, in which case, the Chair of the Board of Trustees will serve as the Decision Maker, unless the Chair designates a third party who is not employed by the College to serve as the Decision Maker at Step 1;
iii. If the Respondent is the CCFPO, the Executive Director of HR or designee will serve as the Decision Maker at Step 1;
iv. If the Respondent is the President, the Chair of the Board of Trustees will serve as the Decision Maker at Step 1, unless the Chair designates a third party who is not employed by the College to serve as the Decision Maker at Step 1;
v. If the individual who would serve as the Decision Maker at Step 1 is a witness to the Prohibited Action, then, the CCFPO or designee will serve as the Decision Maker at Step 1;
vi. If the Decision Maker at Step 1 provides a reason(s) they believe they cannot serve as the Decision Maker, the CCFPO or designee will determine whether there is sufficient information to show bias or an inability to be impartial in considering the Grievance and if so, the CCFPO or designee will serve as the Decision Maker.
2. Investigation
a. The Decision Maker will investigate the allegations in the Grievance Form.
b. The purpose of an investigation is to determine the basic facts, such as what happened, who is alleged to have participated in the Prohibited Action, where and when the Prohibited Action took place, whether anyone witnessed the Prohibited Action, whether the Prohibited Action was isolated or part of a continuing practice, what the reaction of the Grievant was, how the Grievant and the Grievant’s work has been affected by the Prohibited Action, what the Respondent’s response is to the allegations, whether the Grievant or the Respondent has talked to anyone else about the Prohibited Action, whether there is any documentation or other information related to the Prohibited Action, and any other information that the Decision Maker determines is relevant to the allegations in the Grievance.
c. The Decision Maker may request a written response to the Grievance Form from the Respondent.
d. At a minimum, during the investigation, the Decision Maker must meet separately with the Grievant and the Respondent in person, by telephone, or by other electronic means, and must review information provided by the Parties.
e. The Decision Maker may gather evidence that the Decision Maker believes may be relevant to the allegations in the Grievance, including but not limited to: documents, data, information generated by computing resources, education records, communications (e.g. emails, text messages, letters, etc.), and/or physical evidence (e.g. photographs, screen shots, etc.), by requesting the information be provided by an individual, by accessing the College’s information systems, or through any other appropriate means.
f. The Decision Maker, in the Decision Maker’s sole discretion, may request information from any individual, including the Parties, individuals identified by the Parties, and/or any other individuals whom the Decision Maker believes may have information or evidence related to the Grievance.
i. The Decision Maker may conduct an interview or request information in writing, by telephone, or by other electronic means, as the Decision Maker deems appropriate.
ii. Individuals will be given five (5) Business Days to respond to a request for information pursuant to a Grievance, unless the Decision Maker grants an extension for good cause.
iii. If an individual responds to a request for information after the deadline set by the Decision Maker but before the investigation closes, the Decision Maker may consider the response, in the Decision Maker’s sole discretion.
iv. If the Grievant or Respondent fails to respond to a request to meet or a request for information from the Decision Maker by the deadline, the investigation will continue without the Grievant’s or Respondent’s participation unless the Grievant or Respondent can show extenuating circumstances for failing to respond, as determined by the Decision Maker.
g. Investigations will typically be completed within ten (10) Business Days of the Decision Maker’s receipt of the Grievance Form but the time to complete an investigation may be extended by the Decision Maker for good cause, upon notice to the Parties and the CCFPO or designee, stating the reason for the delay and the date the Decision Maker anticipates the investigation will be completed.
3. The Decision Maker must issue a written decision using the applicable Grievance Decision Form within ten (10) Business Days of the conclusion of the investigation as set forth in the Decision Section below.
a. The Decision Maker must consult with HR prior to issuing a decision.
b. The Decision Maker must submit the decision to the General Counsel’s office for a legal sufficiency review prior to issuing the decision.
G. Step 2 – Appeal to Hearing Board
1. Either Party may appeal the Step 1 decision by submitting the Grievance Form, selecting Step 2 – Appeal to Hearing Board, to the CCFPO or designee via email, stating the reason(s) the Party believes the Step 1 decision should be overturned or modified.
2. The Grievance Form must be submitted within five (5) Business Days of the Step 1 decision being sent to the Parties.
3. Dismissal
a. If a Grievance Form is not timely submitted to the CCFPO or designee, the appeal is considered waived, unless the Party can show that extenuating circumstances justify considering the appeal beyond the deadline, such as a medical emergency.
b. If not filed timely, the Party seeking to appeal must explain the extenuating circumstances that prevented the Party from timely filing the Grievance Form.
c. Upon receipt, the CCFPO or designee will review the Grievance Form to determine if it was timely and make a decision as to whether the appeal can proceed or will be dismissed.
i. If the appeal is not dismissed, the CCFPO or designee will forward the Grievance Form to the other Party.
ii. If the appeal is dismissed, the CCFPO or designee will notify the Party who submitted the appeal in writing, stating the reason(s) for the dismissal.
d. The CCFPO’s or designee’s decision regarding dismissal is final and is neither grievable nor appealable.
4. Grievance Committee
a. The College will have a standing Grievance Committee, which shall include the VPs and nine (9) Employees, three (3) from each Constituency Group.
b. Each Constituency Group will use the nomination process set forth in its Charter or as determined by the Constituency Group President to appoint three (3) of its members to serve on the Grievance Committee.
c. Constituency Groups will strive to ensure that members appointed from their Constituency Group to serve on the Grievance Committee are not employed within the same department.
d. Constituency Group members of the Grievance Committee will serve for terms of one (1) academic year.
i. If a Grievance Committee member vacates the position in the middle of a term, the Constituency Group will select another member of the Constituency Group to serve the remainder of the term for the member who vacated the position.
ii. Grievance Committee members may serve three (3) consecutive terms, after which time, the member must not serve on the Grievance Committee for at least two (2) years.
5. Decision Maker
a. The CCFPO or designee will appoint a Hearing Board, including the following members selected from the Grievance Committee, to serve as the Decision Maker for Step 2, unless an exception applies:
i. One (1) VP who does not oversee either Party and serves as the Hearing Officer;
ii. One (1) Employee from the Grievant’s Constituency Group; and
iii. One (1) Employee from the Respondent’s Constituency Group.
iv. To the extent possible, the CCFPO or designee will not select any member to serve on the Hearing Board who works in the same department or business unit as either Party or any Employee who was involved in or witnessed the alleged Prohibited Action.
v. If there are multiple Grievants and/or Respondents, the CCFPO or designee will appoint a Hearing Board that includes a VP who oversees at least one (1) of the Respondent’s Constituency Group and two (2) Employees from the other Constituency Groups. In this circumstance, the President would serve as the Decision Maker at Step 3.
b. Exceptions
i. If the Respondent is an Executive Director, Dean, Associate Vice President, or Employee who is a direct report of the President, the CCFPO or designee will appoint three (3) VPs who do not oversee the Respondent to serve as the Hearing Board; if there are multiple Respondents, the CCFPO may designate another appropriate administrator that does not supervise any of the Respondents;
ii. If the Respondent is a VP, the CCFPO or designee will appoint the three (3) other VPs to serve as the Hearing Board; or
iii. If the Respondent is the President, the CCFPO or designee will appoint the full Board of Trustees to serve as the Hearing Board. At least a quorum of the Board of Trustees must be present at the Hearing.
iv. If the Respondent is the CCFPO, the Executive Director of HR or designee will appoint the Hearing Board.
c. At the time of appointment, the CCFPO or designee will notify the Hearing Board in writing of their appointment, the names of the Parties, and a general statement of the subject matter of the Grievance.
i. Within two (2) Business Days of the CCFPO or designee sending notification, each Hearing Board member will respond in writing to the CCFPO or designee and confirm that they do not have a personal relationship with either Party, do not have any personal involvement in the matter to be heard by them, and are not aware of any other conflict of interest or reason that they may not be able to be impartial in deciding the Grievance or provide a reason(s) that they believe they believe they cannot serve on the Hearing Board for that particular Grievance.
ii. If any members provide a reason(s) they believe they cannot serve, the CCFPO or designee will determine whether there is sufficient information to show bias or an inability to be impartial in considering the Grievance and if so, the CCFPO or designee will appoint another member of the Grievance Committee to replace the member.
d. Once the CCFPO or designee has confirmed the Hearing Board members, the CCFPO or designee will send notice using the Hearing Notice Form to the Parties, including the names of the Hearing Board and the date the Hearing will take place, which must be at least ten (10) Business Days but not more than twenty (20) Business Days after the notice is sent, unless good cause is shown to extend the hearing period.
i. If either Party objects to a member of the Hearing Board for any of the reasons stated above, the Party may submit an objection in writing to the CCFPO or designee, including the reason(s) the Party believes the Hearing Board member cannot be impartial in deciding the Grievance, within two (2) Business Days of receipt of the notice.
ii. The CCFPO or designee will evaluate the objection and determine whether there is sufficient information to show bias or an inability to be impartial in considering the Grievance and if so, will replace the member and provide written notice to the member and the Parties.
iii. The decision regarding the objection is final and cannot be appealed or grieved.
iv. All members of the Hearing Board will be required to sign a Confidentiality Statement Form, agreeing to keep all matters discussed at the Hearing confidential and not disclose such matters to others.
e. Once any objections are determined or the deadline to object has expired, the CCFPO or designee will forward a copy of Grievance Forms submitted at Step 1 and Step 2, the Step 1 Grievance Decision Form to the Hearing Board.
6. Hearing
a. A Hearing will be conducted by the Hearing Board in accordance with the Hearing Procedure.
b. The VP on the Hearing Board will serve as the Hearing Officer.
c. If the Hearing Board is comprised of three (3) VPs, the CCFPO or designee will appoint one (1) of the VPs to serve as the Hearing Officer.
d. The Hearing Officer must issue a written decision on behalf of the Hearing Board using the applicable Grievance Decision Form within fifteen (15) Business Days of the conclusion of the Hearing in accordance with the Decision Section below.
i. The Hearing Officer must consult with HR prior to issuing a decision.
ii. The Hearing Officer must submit the decision to the General Counsel’s office for a legal sufficiency review prior to issuing the decision.
H. Step 3 – Final Appeal
1. Except as set forth below, either Party may appeal the Step 2 decision by submitting the Grievance Form, selecting Step 3 – Final Appeal, to the CCFPO or designee in writing, stating the grounds for appeal, providing the reasons the prior decision should be overturned or modified, and attaching any documents that are relevant to the grounds that were not presented at the Hearing at Step 2.
2. The Party submitting the appeal (“Appealing Party”) must submit a Grievance Form within five (5) Business Days of the Step 2 decision being sent to the Parties.
3. Mere dissatisfaction with the Step 2 decision is not a valid basis for a Step 3 appeal and the grounds for appeal are limited as follows:
a. Discovery of new evidence that was not available at the time of the Step 2 Hearing;
b. Procedural error that can be shown to have had a detrimental impact on the outcome of the Step 2 Hearing; and/or
c. Inappropriate remedy (see description of possible remedies below).
4. Upon receipt, the CCFPO or designee will consider whether the appeal will be dismissed as untimely in accordance with the Dismissal Section for Step 2 set forth above. The CCFPO or designee may also dismiss an appeal at Step 3 if the Grievance Form fails to state the basis for at least one (1) of the grounds set forth above.
5. If the CCFPO or designee does not dismiss the appeal for one (1) of the reasons set forth above, the CCFPO or designee will send a copy of the Grievance Form and attachments, if any, to the Party that did not appeal (“Non-Appealing Party”).
6. The Non-Appealing Party may respond to the Grievance Form by submitting a Step 3 Response Form to the CCFPO or designee within five (5) Business Days of the CCFPO or designee sending the Grievance Form to the Non-Appealing Party, stating the reasons that the decision at Step 2 should be upheld and attaching any documents that are relevant to the response that were not presented at the Hearing at Step 2.
7. Upon receipt, the CCFPO or designee will forward the Step 3 Response Form to the Appealing Party. If the Non-Appealing Party does not submit a Step 3 Response Form by the deadline, the Step 3 Appeal will proceed without a Step 3 Response Form or Step 3 Reply Form.
8. The Appealing Party may reply to the Grievance Form by submitting a Step 3 Reply Form to the CCFPO or designee within five (5) Business Days of the CCFPO or designee sending the Grievance Form to the Non-Appealing Party, replying to the information provided by the Non-Appealing Party and attaching any documents that are relevant to the reply that were not presented at the Hearing at Step 2.
9. Upon receipt, the CCFPO or designee will forward the Step 3 Reply Form to the Non-Appealing Party.
10. Decision Maker
a. The VP who oversees the Respondent will serve as the Decision Maker for Step 3, unless an exception applies.
b. Exceptions
i. If the Respondent is a VP, the CCFPO, or General Counsel, the President or designee will serve as the Decision Maker at Step 3; or
ii. If the VP was the Decision Maker at an earlier Step or was involved in the issues underlying the Grievance, the President or designee will serve as the Decision Maker at Step 3.
iii. If the Respondent is the President, the decision of the Board of Trustees at Step 2 is final and cannot be appealed to Step 3.
iv. If the Decision Maker at Step 3 provides a reason(s) they believe they cannot serve as the Decision Maker, the CCFPO or designee will determine whether there is sufficient information to show bias or an inability to be impartial in considering the Grievance and if so, the CCFPO or designee will serve as the Decision Maker, unless the CCFPO was already a Decision Maker at Step 1 or 2, in which case the CCFPO will designate a Decision Maker.
c. The CCFPO or designee will send a copy of the Step 3 Appeal File to the Decision Maker for Step 3.
11. On-the-Record Appeal
a. Step 3 is an “on-the-record appeal,” which means that the Decision Maker for Step 3 will make a decision based on the Appeal File and no Hearing will be held.
b. The Decision Maker must issue a written decision using the applicable Grievance Decision Form within fifteen (15) Business Days of the CCFPO or designee sending Appeal File to the Decision Maker at Step 3 in accordance with the Decision Section below.
i. The Decision Maker must consult with HR prior to issuing a decision.
ii. The Decision Maker must submit the decision to the General Counsel’s office for a legal sufficiency review prior to issuing the decision.
c. The decision at Step 3 decision is final and cannot be appealed.
VIII. Decisions
A. At Step 1 and 2, the Grievant, as the complaining party, shall have the burden of proof to establish that the Prohibited Action occurred and a remedy is necessary by a Preponderance of the Evidence. At Step 3, the Appealing Party shall have the burden of proof to show that one (1) of the grounds should result in the overturning or modifying the Step 2 decision.
1. At Step 1, the decision will be based solely on the information collected by the Decision Maker during the investigation, and the decision must include a list of the documents and evidence reviewed and individuals who were interviewed with a summary of the relevant information that was provided.
2. At Step 2, the decision will be based on the testimony and evidence presented at the Hearing.
3. At Step 3, the decision will be based on the Step 3 Appeal File.
4. The Decision Maker may consider but is not bound by the decision(s) made at prior Steps.
B. All decisions rendered at any Step of this Procedure must be in writing and sent to the CCFPO or designee and the Parties, after the legal sufficiency review is completed.
1. The decision must include whether the Decision Maker found that a Prohibited Action occurred by a Preponderance of the Evidence, any action that will be taken in response to the Grievance, and the basis for the decision.
a. If the Decision Maker at any Step determines that the action complained of is not a Prohibited Action, the Decision Maker must find the Respondent not responsible but may recommend optional educational resources or training to prevent future conflicts.
b. If the Decision Maker determines that the action complained of is a Prohibited Action, the Decision Maker must find the Respondent responsible and may impose appropriate remedies, if any, in light of the facts and circumstances.
i. The Decision Maker will consider, but is not bound, by the remedy or resolution proposed by the Grievant when determining the remedy or resolution.
ii. Remedies may include but are not limited to the following:
1) An apology letter that is submitted to the Grievant and maintained in the Respondent’s personnel record;
2) A conversation between the Respondent and the Respondent’s Next Line Supervisor regarding ways to avoid future Prohibited Action(s);
3) Training regarding conflict resolution, interpersonal skills, or other relevant topics;
4) Disciplinary action against the Respondent;
5) Removal or modification of disciplinary action against the Grievant; or
6) Any other remedy or solution designed to address the underlying issues raised in the Grievance.
2. The decision will not disclose any specific disciplinary action to be imposed against the Respondent to the Grievant; however, the Decision Maker will notify the CCFPO or designee of any disciplinary action to be imposed.
C. The CCFPO or designee may distribute the decision to HR and/or the Grievant’s and/or Respondent’s supervisor(s), as needed to implement any remedies or solutions included in the decision or for the supervisor to take the disciplinary action imposed or appropriately manage the subject matter of the Grievance.
IX. Service and Deadlines
A. Whenever this Procedure provides for transmittal of a document or evidence, transmittal will be deemed given on the date it was sent to the Employee’s College-issued email address.
B. If an individual involved in a Grievance is no longer an Employee of the College, the College may transmit the document or evidence via a personal email address provided to the College by the individual, via personal delivery, via U.S. Mail, or overnight carrier and addressed to the last known address in the records of the College and will be deemed to have been given within three (3) days of being sent.
C. All documents required to be transmitted to the CCFPO or designee should be sent via email at complianceofficer@daikuan918.com.
D. If the CCFPO is the Respondent to any Grievance, all actions under this Procedure that are to be performed by the CCFPO or designee will be performed by the Executive Director of HR or designee, and in such a case, all documents or evidence required to be transmitted to the CCFPO or designee should be submitted to the Executive Director of HR via email to humanresources@daikuan918.com.
E. Every effort will be made to issue responses within the deadlines set forth in this Procedure, but deadlines may be extended by the CCFPO or designee for good cause and upon notice to the Parties.
F. The time frame to hold a Hearing may be shortened or extended by the CCFPO or designee for good cause, including but not limited to, scheduling conflicts, College closures, or availability of the Parties, witnesses, and/or Hearing Board members.
G. A request to reschedule a Hearing may be made so long as the request is sent in writing at least three (3) Business Days prior to the scheduled Hearing, unless it is an emergency, as determined by the CCFPO or designee.
X. Record
A. This Procedure is administrative in nature and is not considered a legal proceeding.
B. At the conclusion of the Formal Grievance Process, the CCFPO or designee will submit the original Grievance Form, any Appeal Forms, any dismissal determined by the CCFPO, and any decision issued throughout the process to HR to maintain in the personnel file for both the Grievant and the Respondent.
C. The CCFPO or designee will maintain a copy of the Record in accordance with the College’s document retention schedules.
D. Access to the Record
1. After a decision has been sent to the Parties, either Party may request access to the Record by submitting a written request to the CCFPO or designee.
2. The CCFPO or designee will make arrangements to provide access to the Record, in person or through electronic means, at the discretion of the CCFPO or designee.
3. Access to the Record will not be provided prior to a decision being sent to the Parties.
4. Either Party may bring an Advisor when reviewing the Record.
5. To maintain the confidentiality of the proceedings, a copy of the Record will not be provided, unless required by legal process, and the Parties and the Advisor will not be permitted to make a copy. The Parties may take notes regarding the content of the Record.
6. The CCFPO or designee will arrange for a College employee to be present when access to the Record is granted to protect confidentiality.
7. The Party who reviews the Record may notify the CCFPO or designee in writing if the Party believes there are inaccuracies or information missing from the Record.
a. Upon receipt of an objection to the Record, the CCFPO or designee will review the objection and determine whether changes to the Record are necessary and if so, will make such changes to the Record.
b. The CCFPO or designee will notify the Parties in writing regarding the decision on the objection and what changes, if any, were made.
Procedure Title: Employee Grievance Procedure
Policy Category: Human Resources
Policy Owner: President
Policy Administrator: Executive Director of Human Resources
Contact Information: Suzanne Boyer, slboyer1@daikuan918.com, 410-777-2045
Approval Date: October 23, 2023
Effective Date: October 25, 2023
History: Previously contained in the College Manual
Applies to: All College employees
Related Policies: Employee Grievance Policy
Related Procedures:
Forms/Guidelines:
Relevant Laws: