SECTION XIII

(As Amended November 17, 1998)

GRIEVANCES and DISCRIMINATION COMPLAINT PROCEDURES

13.01 RESOLUTION OF GRIEVANCES

Continuous, frank, and considerate communication between employees and their supervisors is expected. It is hoped that such a relationship will either avoid or solve most grievances that may arise. If, however, a grievance develops, it should be resolved as quickly as possible at the lowest possible level of supervision.

All employees have the right to discuss grievances concerning their welfare with their most immediate supervisor, and to secure due consideration and a fair adjustment. Supervisors, for their part, are expected to give each employee due consideration without harassment or threat of retaliatory action.

In the event that informal discussion does not resolve a grievance, the following procedure shall be utilized if the employee elects to seek further consideration of the matter.

13.02 GRIEVANCE PROCEDURE

Definitions - A policy interpretation grievance is an allegation by an employee (full- or part-time) that the terms and conditions of that specific individual's employment by the College have been materially adversely affected by a violation, misinterpretation, misapplication, or nonapplication of written Board and/or College policies, rules, and regulations.

A disciplinary grievance is an allegation by an employee (full- or part-time) that disciplinary action (including but not limited to termination of employment) taken by the College with respect to that employee was in violation of or arose out of the misinterpretation, misapplication, or non-application of written Board and/or College policies, rules, and regulations.

Unless and until modified or reversed at Steps One, Two, or Three, disciplinary action shall become effective at the time that notice thereof is given by the College (or the employee's supervisor).

Grievance Review Committee - At the commencement of each academic year, a Grievance Review Committee shall be appointed by the President to act as the final reviewer of decisions appealed from Step Two of the Grievance Procedure. The Committee shall consist of (a) six standing members, consisting of two regular, full-time employees in Salary Plan A (the "Plan A Members"), two regular, full-time employees in Salary Plan B (the "Plan B Members"), and two members of the Administration (the "Administrative Members"), and (b) one ad hoc member who shall be a Vice President and Campus Director (or his/her designee) of a campus other than the campus from which the grievance originated. In the case of a grievance filed by an employee in Plan A, or by employees in Plan A and Plan B, the grievance shall be heard by the Plan A Members, the Administrative Members and the ad hoc member. Similarly, in the case of a grievance filed by an employee in Plan B, the grievance shall be heard by the Plan B Members, the Administrative Members and the ad hoc member. In the case of a grievance filed by an employee in Plan C, the grievance shall be heard by Plan A Members or Plan B Members whose Plan contains the position corresponding to that held by the employee, the Administrative Members and the ad hoc member. The President has the authority to appoint an interim replacement for any Committee member(s) who temporarily is unable to serve.

In the event that (a) a grievance is filed jointly by employees from more than one campus, or (b) the grievance involves a Vice President and Campus Director, or (c) the grievance is designated in writing by the President as involving matters of sufficient seriousness to so warrant, the President may substitute for the Vice President and Campus Director an individual of his/her own choosing, selected from within or without the College community.

The Committee shall be vested with the necessary authority to issue final and binding decisions on behalf of the College. The Committee shall appoint a Chairperson from among its standing members and shall establish such rules and regulations as it deems necessary to carry out its functions. A majority of those members of the Committee who are empowered to review a specific grievance shall constitute a quorum for the purpose of conducting such a review. If less than a majority of the committee members who participate in a review at which a quorum is present vote to modify or reverse the decision rendered at Step Two, that decision shall stand.

The Committee shall prepare a written report of its findings with respect to each grievance presented to it. Such report shall briefly summarize the grievance and shall set forth the Committee's conclusions and decision, briefly stating the reasons therefor. One copy of such findings shall be mailed to the employee (by certified or registered mail, return receipt requested), one copy shall be delivered to the President, and one copy shall be retained in the Committee's files for seven (7) years or for such other period as the Committee or Board deems appropriate. Decisions of the Committee shall not set a precedent as to other grievances.

Exclusions - In lieu of this procedure, complaints relating to alleged illegal discrimination shall be processed in accordance with the procedure outlined in PROCEDURE FOR THE RESOLUTION OF EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS, 13.04 of this Section. Moreover, any employee who files a grievance pursuant to this Section XIII shall be deemed to have waived any right he/she otherwise might have to seek separate review or reconsideration pursuant to Section XII of corrective or disciplinary action.

General Rules

The statement of the grievance shall be submitted within twenty (20) working days of the incident, or within twenty (20) working days of the date an employee could reasonably be expected to have first knowledge of the circumstances leading to the grievance.
The statement of the grievance shall be limited to a single grievance, shall clearly state whether it is a policy interpretation grievance or a disciplinary grievance, and shall remain unchanged through each step of the procedure.
Any settlement, withdrawal or disposition of a grievance at any step shall not constitute a binding precedent with respect to any similar grievances subsequently filed in the future.
The employee shall have the right to have representation, at his or her own expense, at any and all proceedings throughout the grievance procedure.
Each Vice President and Campus Director and the Human Resources and Legal Affairs Department in the Office of the President shall maintain grievance log books. Each grievance filed shall be dated and shall be assigned a number, including a designation indicating the type and geographical location of the grievance (100 series = policy interpretation, 500 series = disciplinary grievances) (S = Southern, T = Terry, W = Wilmington, ST = Stanton, P = Office of the President). This number shall be assigned by the Human Resources and Legal Affairs Department in the Office of the President. All action related to each grievance shall be recorded in the log book together with the date on which the action or event took place. It shall be the responsibility of each supervisor handling a grievance to promptly notify the individuals responsible for the logs of all actions.
All prescribed actions and time commitments shall be strictly adhered to. Failure by the employee to take action within the time prescribed will result in dismissal, with prejudice, of the grievance and adherence to the decision reached at the prior step without further appeal of any kind.

Step One: The employee shall file the grievance in writing, on the form provided, with the appropriate Dean, Director, or Business Manager. The employee shall forward a copy of the grievance to the Chief Legal Counsel, Office of the President. The statement of the grievance must set forth (a) the nature of the grievance, (b) a statement that informal discussion has failed to satisfactorily resolve the grievance, (c) a statement that all intermediate supervisors (if any) have been notified in writing that a formal grievance is being filed. Step One grievances relating to employees in the Office of the President shall be filed with the appropriate Department Head. Grievances must be filed within the time period set forth above.

Receipt of the grievance shall be acknowledged in writing as soon as possible. A decision by the Dean, Director, or Business Manager (concurred in by the Chief Legal Counsel in the case of [a] below) with whom the grievance is filed that the issue raised (a) is not a grievance as that term is defined in this Section XIII, or (b) already is the subject of another pending grievance filed by the same employee, or (c) has been resolved against the employee in a prior proceeding instituted pursuant to either Section XII or this Section XIII, is not reviewable. If the grievance is not barred for a reason(s) described in (a) through (c) above, the Dean, Director, or Business Manager with whom the grievance has been filed may proceed to investigate it. In such event, a conference shall promptly be scheduled with the employee. Due consideration shall be given to the grievance and every effort shall be made to arrive quickly and fairly at an equitable solution. The decision of the Dean, Director, or Business Manager and his/her justification for it, shall be in writing and a copy shall be given or mailed to the employee and to the Chief Legal Counsel and Associate Vice President for Human Resources within ten (10) working days after receipt of the grievance. In the event a decision is not given or mailed to the employee within the ten (10) working days, the employee may immediately submit an appeal at Step Two.

Step Two: If the employee is dissatisfied with the decision rendered at Step One, he/she shall have the right to request a review by the Vice President and Campus Director. Any such request must be: in writing, on the form provided; signed by the employee; and received by the Vice President and Campus Director within fifteen (15) days of the date of the decision rendered at Step One. The employee shall forward a copy of the request to the Chief Legal Counsel and Associate Vice President for Human Resources. Upon such request being properly filed, the Vice President and Campus Director shall investigate the grievance as he/she deems appropriate and shall render a decision in writing, with his/her justification for it, within twenty (20) working days of the filing of the request. In the event a decision is not rendered within the twenty (20) working days, the employee may immediately submit an appeal at Step Three. Step Two grievances relating to employees in the Office of the President shall be reviewed by the President.

Step Three: If the grievance is not resolved at Step Two, it may be appealed to the Grievance Review Committee (the "Committee") by filing a Notice of Appeal (which shall state the basis of the grievance in reasonable detail) with the Vice President and Campus Director or President (in cases of employees in the Office of the President). Any Notice of Appeal to the Committee must be: in writing, on the form provided; signed by the employee; and filed with the Vice President and Campus Director or the President (as the case requires) within ten (10) working days of the date of the decision rendered at Step Two. The Vice President and Campus Director shall forward a copy of his/her decision and justification for it and the Notice of Appeal from the employee (to which any relevant documents may be attached as exhibits) to the President within fifteen (15) working days of the receipt by the Vice President and Campus Director of the Notice of Appeal. The Vice President and Campus Director shall also forward copies of these documents to the Chief Legal Counsel and Associate Vice President for Human Resources. The Notice of Appeal and the decision of the Vice President and Campus Director together with other documentation of the grievance, shall be transmitted to the Chairperson of the Committee by the President within ten (10) working days of receipt. Grievances relating to employees in the Office of the President shall include the President's decision and justification for it, and the Notice of Appeal (to which any relevant documents may be attached as exhibits).

The Committee shall review the grievance by examination of the data submitted and shall take one of the following actions within thirty (30) working days after the Notice of Appeal to the Committee is received by the President:

1. Uphold the decision rendered at Step Two.

2. Modify or countermand the decision.

3. Decide to hold a hearing.

If the Committee decides that a hearing shall be held, the employee shall be notified of the date, time, and place. To the extent practicable, the hearing shall be held within thirty (30) working days of the date of mailing of the notice of hearing to the employee. (The decision of the Committee shall be rendered within forty-five [45] working days of the conclusion of the hearing.)

All decisions of the Committee shall be final and shall be in writing addressed to the employee, the Vice President and Campus Director and the President with a copy to the Chief Legal Counsel and Associate Vice President for Human Resources. Written notice of the Committee decision shall be mailed or delivered to the employee within five (5) working days after that decision has been reached.

To assure the objectivity and fairness of all deliberations by the Committee, employees shall refrain from communicating with its members individually regarding grievances.

13.03 OUTLINE OF PROCEDURE FOR RESOLUTION OF GRIEVANCES

Step One

A. Employee presents grievance in writing to appropriate Dean, Director, or Business Manager. Grievances in the Office of the President shall be presented to the appropriate Department Head.

B. Employee receives written decision within ten (10) working days.

Step Two

A. Employee may appeal Step One decision to Vice President and Campus Director within fifteen (15) working days of date of decision. Appeals in the Office of the President shall be made to the President.

B. A written decision shall be rendered within twenty (20) working days of receipt of appeal.

Step Three

A. Employee may appeal Step Two decision to the Grievance Review Committee. Appeal must be received within ten (10) working days of Step Two decision.

B. Within thirty (30) working days of receipt of appeal, the Committee shall review the grievance and:

1. Uphold the decision, or

2. Modify or countermand it, or

3. Decide to hold a hearing which shall be held within thirty (30) working days of date of mailing of hearing notice to the employee.

C. All decisions of the Committee shall be final.

13.04 PROCEDURE FOR THE RESOLUTION OF EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS

Introduction

In order to provide an internal mechanism for employees to resolve complaints of discrimination, the College provides the following procedure. Use of this procedure does not preclude the employee from seeking recourse through appropriate State or federal agencies at any time. Resolution of problems as prescribed by law is an alternative open to all employees. No employee shall be subject to retaliatory action for participating in this procedure.

Procedure

Step I: An employee may bring a complaint of discrimination to the Affirmative Action Representative for informal discussion to resolve the problem. To provide the parties an opportunity to attempt a prompt resolution of the problem, the complaint shall be presented within thirty (30) working days of the incident or first knowledge thereof.

If informal discussion fails to resolve the problem and the employee wishes to pursue the complaint of the alleged act of discrimination, he/she will be asked to submit a written summary and supporting documentation within fifteen (15) working days to the Affirmative Action Representative.

Step II: After receiving the documented summary, the Affirmative Action Representative shall investigate the complaint and within thirty (30) working days provide the employee with a written decision with a copy to the Vice President and Campus Director (the President or his/her designee for employees of the Office of the President).

A. If the decision of the Affirmative Action Representative does not support the claim of discrimination, the employee may within fifteen (15) working days appeal the decision to Step III. The appeal is to be in the form of a written explanation to the Vice President and Campus Director (the President or his/her designee for employees in the Office of the President) and shall include the reason for nonconcurrence with the decision of the Affirmative Action Representative.

B. If the decision of the Affirmative Action Representative supports the claim of discrimination, the case shall immediately proceed to Step III through a memorandum from the Affirmative Action Representative to the Vice President and Campus Director. The memorandum should be accompanied by a copy of the Affirmative Action Representative's decision.

Step III: The Vice President and Campus Director (the President or his/her designee for employees of the Office of the President) shall, within thirty (30) working days, review the facts and consult with the parties involved in an attempt to resolve the problem.

Step IV: If the problem is not resolved at Step II within the allotted time, the Vice President and Campus Director and the Affirmative Action Representative shall jointly consult with the College Affirmative Action Coordinator who shall attempt to resolve the matter. If it is not resolved to the satisfaction of (a) the employee who has filed the complaint of alleged discrimination, (b) the Vice President and Campus Director, and (c) the Affirmative Action Representative, the College Affirmative Action Coordinator shall refer the matter to the President for a final decision. The President shall notify the Vice President and Campus Director, the Affirmative Action Representative and the employee who has filed the complaint of alleged discrimination in writing of the decision reached at Step IV within fifteen (15) working days of completion of Step III.

An employee alleging discrimination by an individual holding the position of Affirmative Action Representative may proceed directly to Step III. In cases where an employee is alleging discrimination by an individual holding the position of Vice President and Campus Director, the Affirmative Action Representative may consult directly with the College Affirmative Action Coordinator at Step IV after completing Step I and investigation of the complaint at Step II.

It is intended that all Affirmative Action complaints be resolved as promptly as possible. Any extension of the time limits specified in the procedure must be agreed to in writing, signed by the employee who has filed the complaint of alleged discrimination, and the duly authorized representative of the College.

13.05 PROCEDURE FOR THE RESOLUTION OF SEXUAL HARASSMENT COMPLAINTS

Introduction

In order to provide an internal mechanism for employees and students to resolve complaints of sexual harassment, the College provides the following procedures. Throughout this process, wherever the role of the Vice President and Campus Director is mentioned the term "President" is implied for those positions within the Office of the President as well as positions which report directly to the President.

Use of these procedures does not preclude an employee or student from seeking recourse through appropriate State or federal agencies at any time. No employee or student shall be subject to retaliatory action for participating in this procedure. Words or behavior that punish a person for filing a complaint are illegal. Conversely, false accusations have a damaging effect on innocent people. False accusations will not be tolerated and may lead to disciplinary action.

Reporting Procedure

The College encourages anyone who feels that he/she has been a victim of sexual harassment to report such incidents to one of the Review Officers designated to deal with such cases and who serves as a neutral party in investigating the facts and interests of the individuals involved as well as those of the College. Complainants are urged to report sexual harassment incidents as soon as possible, since a delay in reporting may make it difficult to gather appropriate information and documentation.

Review Officers

Campus Affirmative Action Representative
Campus Faculty Senate Chair
Campus Human Resources Director
College-Wide Grievance Committee Plans A and B Members
Office of the President Affirmative Action Representative
Campus Technology Counselors

Based on the severity of the complaint, the Review Officer will assist the complainant in determining whether or not there are sufficient grounds to pursue informal and/or formal complaint procedures. In determining whether alleged conduct constitutes sexual harassment, the Review Officer will look at the record as a whole and at the totality of the circumstances, such as the nature of the complaint and the context in which the alleged incident occurred. If the Review Officer determines that the complaint meets the criteria for sexual harassment, he/she will then assist the complainant in determining whether to utilize the Informal or Formal Procedure. The Review Officer shall also be responsible for maintaining and keeping all records and appropriate documentation during the investigation.

Complaints will be kept in confidence to the extent practicable and appropriate under the circumstances. An individual reporting sexual harassment, however, should be aware that the College may decide it is necessary to take action to address the harassment beyond an informal discussion. The decision to do so shall be discussed with the complainant in advance.

Informal Procedure (Note: The Informal Procedure is not required as a first step in the resolution of a sexual harassment complaint. The complainant may choose to proceed directly to the Formal Procedure.)

Step I: The Review Officer will advise the alleged offender that a complaint of sexual harassment has been filed against him/her and explain the College’s prohibition against retaliation. The Review Officer will document the charge and forward a copy of the documentation to the Vice President and Campus Director. In the event that the complainant or alleged offender is a student, the Dean of Student Services shall also be provided with a copy of the documented charge of harassment. The Review Officer will then conduct a preliminary investigation, and attempt to resolve the complaint within 30 calendar days through one or more mediation options. Examples of such options may include, but are not limited to, the following:

A. A meeting between the complainant and the alleged offender, mediated by the Review Officer, to discuss and resolve the perceived harassing behavior to the satisfaction of both parties.

B. A meeting between the Review Officer and the alleged offender to discuss and resolve the perceived harassing behavior, if the complainant does not wish to confront the alleged offender directly.

C. A letter of agreement containing (a) a statement of the perceived harassing behavior and a request that said behavior will stop, signed by the complainant, and (b) an acknowledgment of the complaint without admission of guilt and affirmation that the complainant will not be the subject of sexual harassment in the future, signed by the alleged offender. A copy of the letter will be forwarded to the Review Officer.

Step II: The Review Officer will conclude informal proceedings by preparing a written report of the outcome for the Vice President and Campus Director with copies to the complainant, alleged offender, and Chief Legal Counsel and Associate Vice President for Human Resources. After review by the Vice- President and Campus Director, the original written report and all other documentation shall be maintained by the Campus Human Resources Office in a separate case file when the alleged offender is an employee, or the Dean of Student Services Office when the alleged offender is a student.

Step III: The complainant may choose to proceed to the Formal Procedure if the matter is unable to be resolved through the Informal Procedure.

Step IV: The Review Officer will contact the complainant 30-60 days from the date of the written report to inquire if retaliatory actions have occurred as a result of reporting the complaint. In the event that retaliation has occurred, the Review Officer will send a written report of the actions to the Vice President and Campus Director for him/her to resolve.

Formal Procedure

Step I: A written and signed complaint of sexual harassment, stating precisely and clearly the facts, shall be submitted to a Review Officer as soon as possible following the alleged harassment incident. If the Informal Procedure was followed and a satisfactory resolution was not achieved, the complaint must be filed within ten (10) working days from the date of the Review Officer’s written report. There are no strict deadlines for filing a complaint when the informal process has not been utilized; however, complainants are encouraged to report incidents of sexual harassment as soon as possible to allow for a more thorough investigation and timely resolution of the matter.

Step II: The Review Officer shall immediately notify the alleged offender, the Vice President and Campus Director, and the Chief Legal Counsel and Associate Vice President for Human Resources in the Office of the President that the complaint has been filed, the charges as stated in the complaint, and the identity of the complainant. In addition, the Review Officer will explain the College’s prohibition against retaliation to the alleged offender. In the event that the complainant or the alleged offender is a student, the Dean of Student Services shall also be provided with a copy of the written complaint. The alleged offender may submit a formal written response within ten (10) working days of receipt of the complaint.

Step III: The Review Officer shall promptly investigate the complaint. The investigation may include interviews with the parties involved and/or with individuals who may have observed the alleged conduct or may have relevant knowledge. The investigation may also involve reviewing written documents and observing the work site. The investigation will be handled with sensitivity, and confidentiality will be maintained to the extent practicable and appropriate under the circumstances.

Step IV: The President shall appoint a three-member Committee consisting of two individuals from the College-wide list of Review Officers and the Chief Legal Counsel and Associate Vice President for Human Resources. In the event that the complaint involves a student, either as the complainant or the alleged offender, the Campus Dean of Student Services will serve on the committee in the place of one of the Review Officers. The role of the Committee shall be to hear and consider testimony and other relevant reliable evidence, to make findings of fact, to determine whether the College's policy on sexual harassment has been violated, and if so, to recommend appropriate relief and disciplinary action(s). As part of the process, the Review Officer from Step I shall present to the Committee his/her findings and a written report stating the chronology of events.

Step V: Within ten (10) working days of the close of the hearing, the Committee shall submit to the Vice President and Campus Director a written report including findings of fact, a determination as to whether a violation of the Policy on Sexual Harassment has occurred, and, if so, a recommendation of relief and appropriate disciplinary action. A copy of the Committee’s report shall also be forwarded to the investigating Review Officer.

Step VI: Within ten (10) working days of receiving the Committee's written report, the Vice President and Campus Director shall determine whether to affirm, reject, or modify the recommendations outlined in the Committee's report, and what relief and disciplinary action is appropriate. The Vice President and Campus Director's decision shall be sent by certified mail to both parties with copies to the Chief Legal Counsel and Associate Vice President for Human Resources and the investigating Review Officer. (The Chief Legal Counsel and Associate Vice President for Human Resources shall notify the remaining two members of the appointed Committee of the Vice President and Campus Director's decision.) Disciplinary action may include referral to counseling, warning, reprimand, reassignment, or probation. Disciplinary action for employees may also include suspension without pay or termination. Disciplinary action for students may also include expulsion. Reassignment of the complainant will not be an acceptable corrective action unless the complainant consents. If it is determined that a violation of the Policy on Sexual Harassment occurred, a copy of the Vice- President and Campus Director's decision, the relief, and the disciplinary action mandated shall be placed in the personnel file (employee) or the student file (student) of the offender.

Step VII: Both the complainant and the offender have the option of final appeal to the President. A written request for an appeal must be forwarded to the President within ten (10) working days of receipt of the Vice President and Campus Director's decision. The President shall determine whether to affirm, reject, or modify the decision rendered by the Vice President and Campus Director within ten (10) working days of receiving the appeal. The decision of the President shall be final.

Step VIII: The Review Officer will contact the complainant 30-60 days from the date of the written report to inquire if retaliatory actions have occurred as a result of reporting the complaint. In the event that retaliation has occurred, the Review Officer will send a written report of the actions to the Vice President and Campus Director for him/her to resolve.