An employee should make every effort to resolve a work-related problem or condition before initiating the grievance procedure. All employees who file a grievance must discuss the grievance first with the employees’ location Human Resources representative During this discussion, the Human Resources representative and employee shall review all written policies and procedures that they believe are pertinent to the grievance. If, after this discussion, an employee wishes to file a grievance, the employee will complete the grievance form and submit it to the employee ’s first level supervisor. The most satisfactory solution may often be accomplished with the first-level supervisor. If discussion with an employee’s supervisor does not resolve a grievance to the employee’s satisfaction, the employee may proceed to the next level of supervision, and eventually through the regular line of authority to the College President. The procedure is still quite informal, flexible, open, and designed to seek a satisfactory solution with a minimum of formality. A College President shall conduct a formal review if an employee submits a written request for the review.
Guideline for Formal Review
A formal review to a College President is governed by the following guidelines:
1. The College President is authorized to:
- require each employee to provide a written statement along with any documentation concerning the events, circumstances, and facts which give rise to a grievance;
- require appropriate personnel to appear and provide information; and
- question each employee who testifies.
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A review by a College President is not an adversarial proceeding. A College President will conduct this review in a professional and cooperative manner and all participants are expected to do likewise. |
An attorney or other representative of a grievant may present a grievance to a College President.
A College President has authority to require production of documents or appearance of witnesses, or both, that the College President deems relevant to a review. Failure of any employee to comply or cooperate with a request by a College President may subject the employee to disciplinary action, including termination.
Final Disposition
A college president is the final level for review and decision unless the college president is an immediate supervisor of an employee who requests a formal review. In this event, then the executive vice chancellor of educational affairs or the executive vice chancellor of business affairs is the final level and are bound by the same procedures and guidelines as a college president. The Chancellor shall designate one of the executive vice chancellors to conduct a formal review. In any case, a college president may defer the final review process and decision to the designated executive vice chancellor when the college president believes the deferral would provide a greater degree of confidence in this procedure.
The following will apply to final disposition:
- A college president or the designated executive vice chancellor shall report a decision in writing to an employee within ten (10) working days after conclusion of a review. The rationale for the decision must be included in the college president’s or the designated executive vice chancellor's written report. A college president or the designated executive vice chancellor may also make recommendations to resolve a grievance which are binding on all personnel.
- If a college president or the designated executive vice chancellor decides to uphold the employee’s grievance, the college president or the designated executive vice chancellor will return the matter to the employee’s immediate supervisor for appropriate review, response and action which is consistent with recommendations of the college president or the designated executive vice chancellor.
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College District Office
In the college district office, the grievance procedure is the same as above except the appropriate executive vice chancellor is the final authority.
Chancellor
If a grievance is filed against a college president, vice chancellor, an executive vice chancellor, or a member of the chancellor’s staff, the chancellor may designate the executive vice chancellor of educational affairs or of business affairs to conduct a formal review under the procedures and same guidelines as a college president. The designated executive vice chancellor will report findings from this review to the chancellor who will report a decision in writing to an employee in a prompt manner. The chancellor is the final authority. The chancellor may review any grievance at any location and take appropriate action if necessary.
Board Action
By law, the Board is not required to take any action concerning a grievance, but is required to listen if the grievance is presented at a public meeting. Under the Texas Constitution, any employee may present a grievance to the Board regardless of the “Limitation” in this regulation.