5.59 - Staff Grievance Procedure

Staff Grievance Procedure

The purpose of the grievance procedure is to secure at the lowest possible level an equitable solution arising out of a complaint concerning an alleged violation of an Administrative or Board of Trustees policy affecting working conditions. However, disputes alleging unlawful discrimination cannot be resolved through the grievance procedure. Instead, such matters shall be resolved in accordance with the College‘s nondiscrimination policies. No employee will be penalized, formally or informally, for voicing a complaint with KCKCC in a reasonable, business-like manner, or for using the grievance procedure.

The grievance process shall be initiated with the employee filing the Grievance and Disposition Form, which is found in the KCKCC Policy Handbook. The completed form should be filed with the Dean of Human Resources/Affirmative Action or his/her designee. The Dean of Human Resources/Affirmative Action will notify all parties involved in writing, as well as the supervisors of the individuals.

Procedural Steps:

A conference between the aggrieved and his/her supervisor. If the grievant is dissatisfied with the results of the conference, he/she shall inform the supervisor in writing within five working days of the conference. If the issue cannot be resolved as indicated by written notice from either party to the other, then the aggrieved shall proceed to the second step.

1. If the aggrieved person is not satisfied with the disposition of his/her grievance in the first step, he/she should notify the Director or Dean in writing of his/her intention to proceed to step two. Within five working days after receipt of the written notification, the Director or Dean shall meet with the aggrieved person and the supervisor in an effort to resolve it. Within five working days after the meeting, the Director or Dean shall submit his/her decision in writing to the aggrieved person.

2. If the aggrieved person is not satisfied with the disposition of his/her grievance at step two, he/she may request a hearing before the staff hearing committee. The hearing with the staff hearing committee will be for the purpose of reviewing the details of steps one and two in an attempt to resolve the grievance without further formal proceedings. These three steps are serious efforts to resolve the grievance.

Within five working days after receipt of the decision in step two, a written request to convene the staff hearing committee should be made to the Provost who will serve as the chairperson. If the grievance is against the Provost, a Dean, as appointed by the President, will serve in his/her place as chair of the committee.

Within five working days after receipt of the request, the Provost, or the appointed Dean will notify the President of the Staff Senate and the members of the Deans Council to inform them that they should select two delegates from their respective groups to serve on the staff hearing committee. The hearing shall be held within this same five working day period. The Provost, or the appointed Dean shall arrange for the time, date, and location of the hearing.

The Provost, or the appointed Dean will distribute copies of the filed grievance and written answers to all members of the hearing committee and will convene the hearing in accordance with established board policy. The hearing will consist of statements given by the grievant and the individual against whom the grievance has been filed; a review of written documentation and statements provided by the parties involved, and the committee‘s discussion of the facts in executive session.

The committee will recommend the disposition of the grievance in writing to the College President (and copied to the aggrieved person and the person against whom the grievance has been filed) within five days after the hearing.

3. If step three is not successful, the aggrieved person may make a written appeal within five working days to the President, who will review written statements from the grievant, his/her supervisor, the Dean or Director, and the staff hearing committee. The President may either render a decision within five working days or institute a hearing before the Board of Trustees at its next regular meeting. If the grievance is submitted to the Board in less than ten days of the next regularly scheduled Board meeting, the Board will meet with the aggrieved person and the person against whom the grievance has been filed at its following regularly scheduled Board meeting.

4. The appeal to the Board of Trustees shall set forth in writing the grounds on which the grievance is based and a proposed remedy. It will summarize the decisions reached at steps one through five. Any written information the grievant or the person against whom the grievance is filed wishes to submit to the Board of Trustees shall be submitted to the Board secretary at least ten working days prior to the hearing. The board shall consider the grievance. The Board of Trustees shall make known its final decision by registered mail to all parties concerned within fifteen working days after the formal hearing. The decision of the Board of Trustees is final.

Time Intervals

With the exception of the time interval between steps four and five, no more than five working days shall elapse between the alleged grievance and step one or between the succeeding steps. The number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. If the grievant does not take the next step in the 131 grievance procedure within the stated time period, the grievance shall be considered to be settled. If the Board of Trustees does not present a written decision within the time allotted after the grievance hearing, such failure to act shall be an admission that the grievance was justified and the aggrieved person shall receive the remedy he/she is seeking.

However, the time limits specified may be extended by mutual agreement in writing and signed by both parties. Time limits will not become effective during the period that the supervisor or administrator is either on vacation, sick leave, or professional leave conducting college business. The time limit will commence upon the supervisor or administrator‘s return to campus.

Rights of Grievant

No reprisals of any kind will be taken against a grievant by any member or representative of the Administration or the Board of Trustees because of an employee's filing of the grievance. Professional employees covered under the Master Contract will be governed by the Grievance Procedure set forth in that document.