STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION

Employee Grievances

BP 3-50

APPROVED: February 9, 1989
EFFECTIVE: February 9, 1989
EDITING APPROVED: June 8, 1989
EFFECTIVE: July 1, 1989
REPEALED: September 14, 2000
READOPTED: August 25, 2001
REVISED: May 9, 2012

ISSUED BY:

/ Nancy J. McCallin /
Nancy J. McCallin, Ph.D.
System President

Policy Statement

In the interest of equitable and efficient operation of the System, employees of the Board shall be afforded a mechanism by which grievances can be resolved at the earliest opportunity.

Scope

This policy applies to Administrator/Professional Technical employee(s), Faculty and Adjunct Instructor(s), and Classified employee(s) (CCCS Employees). This policy shall apply to Classified employee(s) to the extent the grievance is discrimination and/or harassment based on federal or state civil rights laws; otherwise the State Personnel rules shall apply. Presidents are excluded from this policy.

Grievable Offenses

Except as noted herein, an employee may grieve any action which violates or inequitably applies Board Policies, System President’s Procedures, or College Procedures and which adversely affects the employee’s working conditions, including discrimination and/or harassment.

Nongrievable Matters

The following matters are not grievable under this policy except as noted:

  • Matters over which the employer is without authority to act.
  • Evaluations (See Board policy on evaluations)
  • Dismissals, nonrenewals, reductions-in-force, suspensions, disciplinary actions. (See Board policies on due process)
  • Reassignments except that a reassignment of a Regular Faculty member which results in a reduction in pay or a loss of due process rights shall be grievable.

Filing a Complaint

All complaints shall be made as promptly as possible after the occurrence. A delay in reporting may be reasonable under some circumstances; however, an unreasonable delay in reporting is an appropriate consideration in evaluating the merits of a complaint or report.

Review

The System president shall develop and publish procedures for review of employee grievances. Grievance procedures shall be in accordance with the following guidelines:
The System President shall implement two separate grievance processes:

  • For incidences where the employee(s) claims an action(s) violates or inequitably applies Board Policies, System President’s Procedures, or college procedure and the basis of the claim is not discrimination and/or harassment.
  • For incidences where the employee(s) claim an action(s) violates or inequitably applies Board Policies, System President’s Procedures, or college procedures and the basis of the claim is discrimination and/or harassment based on federal or state civil rights laws.

Both grievance processes will require the following:

  • All Grievances shall be in writing.
  • All Grievances shall be timely filed.
  • All Grievances shall be assessed by the preponderance of evidence standard.
  • Before pursuing a formal complaint process, every reasonable effort should be made to constructively resolve issues with CCCS employees and students at the informal level.

Procedures

The System President shall promulgate procedures necessary to implement this policy.