Section VI - Employment Matters

VI B 3

Employee Conduct - Grievance and Due Process

To state the College's policy regarding the resolution of employee grievances alleging action prohibited by law

Policy Statement

Randolph Community College recognizes that employees have the right to prompt and equitable resolution of employee complaints. Therefore, it is the policy of Randolph Community College that the College provide a structured grievance and due process mechanism with the goal of resolving employee complaints at the lowest level of the supervisory chain. These complaints can include, but are not necessarily limited to, alleged violations of the First Amendment of the U.S. Constitution, Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and conditions of the work environment.

Procedure

Internal Process

The grievant will initially make his/her immediate supervisor aware of the grievance within 15 business days of the event or condition that is the basis for the grievance. If the grievance is against the immediate supervisor, the grievance may be taken to the next appropriate supervisor. If both are involved, continue moving to the next appropriate supervisor. If the grievance cannot be discussed with the appropriate level, the reason it cannot be discussed at the appropriate level should be part of the grievance. If the grievance is not resolved at the supervisor level within 15 business days after the supervisor has been officially notified of the
grievance, the grievant will request in writing a hearing of the grievance at the next level in the College's organizational structure. This procedure will be followed in 15 business day increments until the grievance is resolved or the President of the College has acted as the College’s final administrative authority in resolution of the grievance. Decisions at each level of the College’s organization structure must be submitted to the grievant in writing.

Neither the grievant nor the supervisor/member of the administration shall have legal representation present during any internal grievance hearing. The Chief Personnel Officer or his/her impartial designee shall be present to insure fairness and civility in all internal grievance hearings.

Hearing Process

If the grievance has not been resolved at the final step in the College's organizational structure (the President), the grievant may appeal to the Personnel Committee of the Board of Trustees only if there has been violation of policy in the conduct of the College grievance procedure or because of actions that are prohibited by the First Amendment of the U.S. Constitution, Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, but not merely because the grievant disagrees with the decision of the President.

Within 30 days of the receipt of the President’s written decision, the grievant will contact the President and the Personnel Committee of the Board of Trustees in writing, requesting a hearing before the Personnel Committee of the Board of Trustees relative to the grievance. All written evidence for review must be included with the request for a hearing, including the specific violation of policy and/or the specific violation of the First Amendment of the U.S. Constitution, Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 that occurred during the grievance process.

Within ten business days of receiving the employee’s written evidence for review, the Personnel Committee shall notify the employee, in writing by certified letter, delivered to his/her residence address on record at the College, as to whether the evidence presented is sufficient to justify a hearing before the Personnel Committee and the specific date, time and place of the hearing. The hearing date will be no more than 30 business days from the original date of the notification by the Personnel Committee of his/her right to be heard by the committee.

The hearing shall be before the Personnel Committee. The employee shall have the right to present witnesses and evidence, to cross-examine witnesses and to be represented by counsel. Again, the employee shall have the burden of showing how a College policy has been specifically violated in the conduct of the grievance procedure and/or establishing a prima facie showing of action which is prohibited by the First Amendment of the U.S. Constitution, Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. If, in the Committee's opinion, the employee fails to establish a prima facie case, the hearing shall be terminated. If the Committee determines that the employee has established a prima facie case, the hearing shall be adjourned for a period of not more than fifteen business days, with the Committee specifying at the adjournment the date on which the hearing shall resume.

When the hearing resumes, the President, his/her counsel, or delegate, shall have the burden of going forward with the evidence and satisfying the Personnel Committee that the action taken did not violate the rights of the employee as protected by the First Amendment of the U.S. Constitution, Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. The President, his/her counsel, or delegate, shall be entitled to present witnesses and evidence and cross-examine witnesses. At the conclusion of the President's evidence, the employee shall be given an opportunity to dispute the President's evidence.

The Personnel Committee will not render a separate decision on the original grievance itself, but
rather will determine whether the grievant has received a fair hearing in accordance with the College grievance procedure and whether the action taken violated the rights of the employee as protected by the First Amendment of the U.S. Constitution, Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. The Personnel Committee shall notify the employee of its decision in writing within ten business days of the termination of the hearing.

If the Personnel Committee rules against the employee, the employee may appeal the ruling to the full Board of Trustees. The appeal request must be in writing and should include all materials presented in evidence before the Personnel Committee. At a time designated by the Board Chairman, the full Board of Trustees shall meet in executive session to review the matter and determine whether to grant an appeal hearing to the employee. The employee will be notified in writing as to the decision of the Board of Trustees on whether to grant an appeal hearing. If an appeal hearing is granted by the full Board of Trustees, then notification to the employee and conduct of the hearing shall be in the same manner as for the hearing before the Personnel Committee. The Board of Trustees will not render a separate decision on the original grievance itself, but rather will determine whether the grievant has received a fair hearing in accordance with the College grievance procedure and whether the action taken violated the rights of the employee as protected by the First Amendment of the U.S. Constitution, Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. The decision of the Board of Trustees shall be final.

Definition of Terms

  1. Prima Facie – A fact that will be considered to be true unless disproved by contrary evidence; for example: A prima facie case is a case that will win unless the other side comes forward with evidence to dispute it.
  2. Business Days – Full/normal operating schedule excluding weekends (Sat./Sun.) and holidays.
  3. Title VI of the Civil Rights Act of 1954 – Prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.
  4. Title VII of the Civil Rights Act of 1964 – Prohibits employment discrimination based on race, color, religion, sex and national origin.
  5. Title IX of the Education Amendments of 1972 – No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
  6. Section 504 of the Rehabilitation Act of 1973 – Section 504 forbids organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services. It defines the rights of individuals with disabilities to participate in, and have access to, program benefits and services.
  7. Americans with Disabilities Act of 1990 – Prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities.

 

Adopted: 04/15/1999

Revised: 10/19/2000, 07/19/2000, 07/19/2001, 07/17/2003, 10/13/2005, 03/16/2007, 07/17/2008