10. Review and Grievance Process
F.10.01 - Policy
The System is committed to providing a work environment that encourages an open atmosphere, in which problems or complaints are addressed promptly by supervisors and managers. This policy provides a process for employees to communicate and seek resolution of specific and important concerns about conditions of employment or System decisions which affect the employee, and which the employee considers unjust or inequitable.
F.10.02 - Non-Retaliation Policy
No reprisal or retaliation of any kind shall be taken against an employee who communicates a concern or voices a complaint. Indications that the employee has used this complaint process shall not be included in the employee's official personnel file, unless the employee specifically requests that such complaint be included in his or her file.
F.10.03 - Determination of Applicability
The Associate Vice Chancellor for Human Resources, or his or her designee, is responsible for determining whether a complaint falls within the scope of this policy, and shall advise the employee if a different process is available.
F.10.04 - Limits on Purpose and Applicability
This policy does not alter in any way the employment-at-will status of non-contractual employees. (See Non-contractual employees) Nor does it replace the established process for complaints about discrimination on the basis of an individual's race, color, religion, national origin, gender, citizenship, age, disability, veteran status, or sexual orientation. Further, this policy does not replace the policies and procedures relating to change in contract status, reduction in force or employee discharge, separately set out in other sections of Section IV. Human Resources, Board Policy Manual.
F.10.05 - Prohibition of Serial Complaints
An employee is precluded from bringing separate or serial complaints concerning events about which the employee has previously complained, even if such complaint was brought pursuant to another complaint review process.
F.10.06 - Representation
An employee filing an administrative complaint or grievance, or an employee who is the subject of a complaint may be assisted by a person or organization of his or her choice.
F.10.07 - Administrative Review Process
Administrative review is the process by which an aggrieved employee requests that the second level supervisor reconsider a decision of the immediate supervisor that affects the employee, and that the employee believes to be unjust or inequitable. This process is available to all full- and part-time employees. This is the only review process available to contest the content of an evaluation, or the dismissal of a full- or part-time non-contractual employee.
Prior to initiating an administrative review, the employee must have first discussed his or her concerns with the immediate supervisor.
F.10.08 - Administrative Review Procedure
A request for an administrative review is to be submitted in writing. The second level supervisor shall meet with the employee, conduct any necessary investigation, and respond to the employee within ten (10) calendar days. The response to an administrative review is communicated to the employee, in writing, by the reviewer.
F.10.09 - Formal Grievance Process
The formal grievance process is available for a full-time contractual employee to seek resolution of a workplace dispute, disagreement with a performance evaluation, involuntary discharge, or the proposed change in contract status. The grievance must recite a violation or misapplication of a specific Board policy or a specific administrative procedure that is related to wages, hours or conditions of work. The formal grievance process is the next step if the issue is not resolved in the Administrative Review Process.
F.10.10 - Formal Grievance Procedure
A grievance must be initiated in writing to the Location Executive Officer (LEO) within ten (10) calendar days of the completion of the Administrative Review Process. The grievance must detail the pertinent facts relevant to the problem, actions taken to date and specific reference to the rights the grievant believes have been violated.
Upon receipt of the grievance, the LEO will conduct an investigation, if necessary, and respond in writing to the grievant within fifteen (15) calendar days.
F.10.11 - Appeal to Chancellor
A contractual employee who is not satisfied with the result of the Formal Grievance Process may appeal in writing to the Chancellor within ten (10) calendar days of his/her receipt of the ruling from the Formal Grievance Process. The Chancellor shall review the employee's appeal submission and the written record of the grievance and, within fifteen (15) calendar days, shall determine whether to uphold or deny the grievance.
F.10.12 - Appeal to the Board
An employee who is not satisfied with the determination of the Chancellor may appeal to the Board by filing a letter of appeal with the Secretary of the Board within ten (10) calendar days of the employee's receipt of the Chancellor's determination. The Board may schedule a hearing of the grievance appeal at a regularly scheduled Board meeting, or at a special Board meeting. At the hearing, the grievant shall have an opportunity to present to the Board his or her concerns. The administration may respond to the grievance.
The Board shall issue its ruling within thirty (30) calendar days of the hearing, either upholding or reversing the Chancellor's determination. The decision of the Board shall be final.
F.10.13 - Timeliness
The time limits, as provided in this policy, are created in order to ensure that issues are raised and addressed promptly. Timelines for the filing of, and response to a complaint may be extended by the mutual agreement of the employee and the person responsible for conducting the review. A grievance shall be considered resolved at the completion of any step, if all parties are satisfied or if neither party files a timely appeal to the next step.