DC. Grievance Procedure

DEFINITIONS

1. Complaint: A written complaint alleging any policy, procedure, or practice, which discriminates on the basis of race, color, national origin, gender, age, qualified handicap, or suggests other working condition problems. Also, a written complaint alleging sexual harassment.

2. Grievant: An employee of South Plains College who submits a complaint alleging discrimination based on race, color, national origin, religion, gender, age, qualified handicap, veteran, or other working condition problems. A student of South Plains College who submits a complaint alleging sexual harassment.

3. Grievance Coordinator (Director of Human Resources): The person designated to coordinate efforts to comply with and carry out responsibilities under Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and other State and Federal laws addressing equal educational opportunity. The Coordinator will also conduct investigations consistent with the Harassment Policies of SPC (Section DDA) The Grievance Coordinator is responsible for processing complaints and serves as moderator and recorder during hearings.

4. Respondent: The person alleged to be responsible for the violation alleged in a complaint. The term may be used to designate persons with responsibility for a particular action or those persons with supervisory responsibility for procedures and policies in those areas covered in the complaint.

5. Day: Day means a working day. The calculation of days in complaint processing shall exclude Saturdays, Sundays, and holidays.

PRE-FILING PROCEDURE

Prior to the filing of a written complaint, the employee is encouraged to visit with the respondent's department chairperson or supervisor, and reasonable effort should be made to resolve the problem or complaint.

FILING AND PROCESSING DISCRIMINATION COMPLAINTS

1. Grievant - Submits written complaint to Grievance Coordinator stating name, nature and date of alleged violation; names of persons responsible (where known); and requested action. Complaint must be submitted within 30 days of alleged violation.

2. Grievance Coordinator (Director of Human Resources) - Notifies respondent within 10 days and asks respondent to:

a. Confirm or deny facts.
b. Indicate acceptance or rejection of Grievant’s requested action, or,
c. Outline alternatives.

3. Respondent - Submits answer within 10 days to Grievance Coordinator.

4. Grievance Coordinator (Director of Human Resources) - Within 10 days after receiving respondent's answer, Grievance Coordinator refers the written complaint and respondent's answer to the appropriate Divisional Dean (Dean of Students). The Grievance Coordinator also schedules a hearing with the grievant, the respondent, and the appropriate Divisional Dean, (Dean of Students).

5. Divisional Dean (Vice President of Student Affairs if student), Grievant, Respondent, and Grievance Coordinator - Hearing is conducted.

6. Divisional Dean, (Vice President of Student Affairs if student) - Issues within 10 days after the hearing a written decision to the employee, respondent and Grievance Coordinator.

7. Grievant or Respondent - If the grievant or respondent is not satisfied with the decision, they must notify the Grievance Coordinator within 10 days and request a hearing with the Director of Human Resources.

8. Grievance Coordinator - Schedules within 10 days of request a hearing with the grievance, respondent, and Director of Human Resources.

9. Director of Human Resources, Grievant, Respondent and Grievance Coordinator - Hearing is conducted.

10. Director of Human Resources - Issues a decision within 10 days following the hearing.

11. Grievance - If the Grievant or respondent is not satisfied with the decision, they must notify the Grievance Coordinator within 10 days and request a hearing with the President of the college.

12. Grievance Coordinator (Director of Human Resources) - Schedules hearing with the President of the college. Hearing is to be conducted within 30 days from the date of notification to the President of the college.

13. President of the college, Grievant, and Grievance Coordinator - Hearing is conducted.

14. President of the college - Issues a final written decision within 10 days after the hearing regarding the validity of the grievance and any action to be taken.

GENERAL PROVISIONS

1. Extension of time: Any time limits set by those procedures may be extended by mutual consent of parties involved. The total number of days from date that complaint is filed until complaint is resolved shall be no more than 180 days.

2. Access to Regulations: The College shall provide copies of all regulations prohibiting sexual harassment, discrimination on the basis of race, color, national origin, religion, gender, age, disability, or veteran upon request.

3. Confidentiality of Records: Complaint records will remain confidential unless permission is given by the parties involved to release such information. No complaint record shall be entered in the personnel file. Complaint records shall be maintained on file for three years after complaint resolution.

Amendment: Revision
Authorized by: Executive Council
Nature of Revision: Content
Date Issued: 10/97

 


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