Administrative Rules


Subject: Resolution of an Employee Complaint or Grievance AR# 6.08.005
Based on Board Policy: F-8, Due Process for Employees
Recommended by Council/President: Administrative Services Council
Date Approved/Amended: 11/11/1998; amended 08/21/00, 04/30/09

Value Statement 

The Austin Community College District (“ACC” or “the College”) values collegial employee relations and harmonious working conditions.  To meet these values, the College shall make an earnest effort to resolve fairly and promptly any work-related employee concern. 

Administrative Rule 

1.     The ACC complaint and grievance processes are open to any staffing table employee or member of the Adjunct Faculty (“employee”). 

2.     An employee with a work-related concern is expected first to attempt to resolve that concern informally with her or his immediate supervisor.  The employee and the supervisor are expected to engage in open and professional discussion to resolve the concern If an employee is uncomfortable discussing a concern with the supervisor, the employee may contact the next-level supervisor or the Vice President of Human Resources for assistance in resolving the concern informally. Mediation may be requested and employed within the process of informally resolving a work-related concern. 

3.     If an employee concern is not resolved informally, the employee may file either a complaint or a grievance, depending on what is at issue (see Definitions below).  

4.     A complaint shall be addressed by the complainant’s supervisor and, if not resolved to the complainant’s satisfaction, it may be appealed to the second-level supervisor, and so on through the chain of command only so far as the supervisor who reports directly to the President/CEO of the College (except that in the cases of employees who report directly to the President/CEO, the complaint shall be addressed by the President/CEO).

5.    A grievance shall be addressed first by the Vice President or Associate Vice President who has supervisory responsibility for the grievant or, if none exists, by the appropriate Executive Vice President or other supervisor who reports directly to the President/CEO, or, if the grievant reports directly to the President/CEO, by the President/CEO.  If the grievant is not satisfied with the first response from a Vice President or Associate Vice President, the grievant may appeal the decision to the Executive Vice President. If the grievant is not satisfied with the decision of the Executive Vice President, other supervisor who reports directly to the President/CEO, or the President/CEO, the grievant may request a hearing by a Grievance Review Committee that will make a recommendation to the President/CEO, who will make the final decision in the matter.

6.    At any time during the processing of either a complaint or a grievance, with the agreement of all relevant parties, including the Vice President of Human Resources, the parties may utilize mediation.

7.    Mediation temporarily halts other complaint or grievance procedures and timetables from the date of the Request for Mediation through the date that the mediator reports that mediation has been completed (either successfully or unsuccessfully).

8.    If mediation is unsuccessful, the complaint or grievance continues from the point at which it was halted.

9.    No employee shall suffer any kind of retaliation or reprisal for raising a work-related concern or for filing or pursuing a complaint or a grievance.

Definitions 

1.     A complaint is a written request for the resolution of an issue that relates to an employee’s work conditions or relationships, including, but not limited to, relationships with colleagues and/or supervisors, communication, and interpretations of Administrative Rules and policies; job duties, responsibilities, assignments, performance, evaluation, and compensation; and work conditions, safety, and environmental concerns. 

2.     A grievance is a written request for the resolution of an issue related to one’s employment status within the College (such as, probation, suspension, or termination), academic freedom, or an alleged violation of state or federal law. 

3.     Mediation is a process in which a trained third party meets with disputants to assist them in reaching an agreement that is acceptable to all parties. 

4.     A representative of an employee is a person identified by the employee to assist or speak on behalf of the employee during the complaint or grievance process.

 


President:    Stephen B. Kinslow Date:    05/26/09