Administrative Rules


Subject: Management of Employee Complaints AR# 6.08.005
Based on Board Policy: F-8, Due Process for Employees
Recommended by Council/President: Administrative Services Council
Date Approved/Amended: 11/11/98; amended 8/21/00

Austin Community College supports good employee relations and harmonious working conditions. To attain such goals, the College shall make an earnest effort to resolve grievances promptly.  This policy provides the mechanism for employee complaints regarding conditions of work, interpretation of policies and procedures, disciplinary actions or any other personnel matter related to their employment.  

Supervisors are responsible for the management of employee concerns, problems, and complaints. Supervisors shall ensure that employee complaints are resolved at the lowest possible level in a timely manner.  

INFORMAL COMPLAINT 

An employee with a complaint, problem or concern, shall request an informal meeting with the employee’s immediate supervisor within ten (10) working days of the time the employee becomes aware of the event causing the complaint.  The immediate supervisor will be responsible for arranging the meeting within the next ten (10) working days.  The goal of the meeting is to resolve the matter amicably and expeditiously.  The employee has ten (10) working days to accept the outcome of the meeting, discontinue the complaint or proceed to Level One. 

If the employee has a complaint regarding the supervisor, the employee must request an informal meeting with the next level supervisor to discuss the complaint or concern.

FORMAL GRIEVANCE 

LEVEL ONE

Next Level Supervisor 

If the immediate supervisor makes a final decision that is not acceptable to the employee, the employee may submit a Statement of Grievance to the next level supervisor.  The Next level supervisor will meet with the employee(s) involved within ten (10) working days from receipt of

the Statement of Grievance in an attempt to resolve the grievance.  The next level supervisor will meet with the employee(s) involved within ten (10) working days from the meeting to notify the employee of the decision.

 

LEVEL TWO

Executive Officer 

If the employee does not accept the outcome of the next level supervisor’s decision, the employee may request a decision of the Executive Officer or request a Grievance Committee Review.  The employee may also request Mediation. 

To request a review by the Executive Officer, the employee shall submit a Request for Review form to the Associate Vice-President of Human Resources within ten (10) working days of receipt of the decision of the next level supervisor.  The Associate Vice-President of Human Resources will forward the form and all related documentation to the appropriate Executive, Vice-President, or Provost (Executive, Administrative or Campus).   The Executive Officer shall meet with the employee involved within ten (10) working days from receipt of the documentation.  The Executive shall respond in writing within ten (10) working days of the meeting.  The decision of the Executive is final. 

OR 

Grievance Review Committee

If the employee chooses to have a grievance reviewed by a Grievance Review Committee, the employee shall submit a Request for Grievance Committee Review.  The Associate Vice-President of Human Resources will coordinate the selection of the Grievance Review Committee with the grievant and appropriate Vice-President (Executive or Administrative).  The Grievance Review Committee shall consist of five college employees.  The process of selecting the five employees is as follows: 

The Associate Vice-President of Human Resources will submit the form and all related documentation to the elected Grievance Review Committee Chair. The Grievance Review Committee shall meet with the employee(s) involved within ten (10) working days from receipt of the materials.  The Grievance Review Committee shall respond in writing within ten (10) working days of the meeting.  The decision of the Grievance Review Committee is final. 

INTERNAL MEDIATION 

Mediation may be utilized at any point in the complaint or grievance process or in any situation deemed appropriate for resolution of an issue. 

Internal Mediation may be appropriate for situations in which both parties agree to mediate or the supervisor of the employee(s) involved directs the employee(s) to use mediation as a method to resolve issues. 

The employee or supervisor requesting mediation shall submit the Request for Mediation Form and the Mediation Selection Memorandum to the Associate Vice-President of Human Resources. 

The Associate Vice-President of Human Resources shall inquire as to whether the parties agree to mediate the dispute.  If the parties agree, the Associate Vice-President of Human Resources shall select a mediator from a rotating list of approved Mediators.  Mediators must have completed 40 hours of mediation training.  

The role of the internal mediator is to convene a meeting of disputing parties and to serve as a neutral facilitator in the negotiation between the disputing parties in developing a mutually beneficial agreement. 

The mediator shall report the results of the mediation to the Associate Vice-President of Human Resources. 

Freedom from Reprisals:   No reprisals or retaliation of any kind shall be taken at any level against an employee for filing a grievance.

 

Review of the Grievance:   Supervisors shall review the documentation presented, and conduct additional investigation as deemed necessary or appropriate to arrive at an informed decision. 

Grievances may be resolved at any level of the Grievance Process.

 

Time Limits: All time limits stated in the grievance process are working days, Monday through Friday.  Requests for extensions must be submitted to the Associate Vice-President of Human Resources on the Grievance Review Extension Form.  Time limits may be adjusted upon agreement of the parties.

 

General Provisions: All employees involved in the grievance process shall maintain confidentiality at each level of the grievance process.

Grievances must be filed on appropriate forms.  Grievance forms are available from the Associate Vice-President of Human Resources.

Should a decision not be rendered by a supervisor within the time limits, the grievant may immediately proceed to the next level in the procedure.

Should the grievant not respond within the time limits, the decision at that level shall be final.

Should any employee have a conflict of interest at any level in the grievance process, an alternate will be appointed by the President or the Executive Vice-President, or the Administrative Vice-President.

The Associate Vice-President of Human Resources will serve as technical and neutral advisor at each level of the grievance process, and shall ensure that this process conforms to the respective time limits.

The Associate Vice-President of Human Resources shall assign a grievance number and maintain all records of grievances.

 


President:    Richard W. Fonté Date:    08/21/00