I. POLICY
This policy is designed to facilitate the prompt, fair, impartial and informal settlement of complaints. Under this policy, an employee has the opportunity to be heard at each step of the procedure.The resolution of a complaint at any step in this procedure shall not constitute an admission by the College that it has violated any policy in regard to the employee. A complaint
may be filed at the level at which the action or inaction being appealed occurred. For members of one of the Associations at Quincy College, the procedures detailed in the current collective bargaining agreement for that association shall apply.
II. DEFINITIONS
Day - "Days" under this policy shall mean calendar days unless specifically noted otherwise.
Complaint - A complaint asserts an allegation by an employee or group of employees that a specific policy, contained herein, of the City of Quincy or specific policy of the College has been breached in its application to him/her. A complaint shall state all the known facts pertaining to the alleged breach on which the appeal is based, including but not limited
to: the name and title of the person(s) against whom the complaint is directed; the date when such breach is alleged to have occurred; a statement of all known facts, documents and materials supporting the complaint; the specific policy allegedly breached; and the relief sought by the complaining party. All exhibits upon which the complaining party intends to rely shall be attached to the complaint at Step I.
Complaining Party - Person(s) who files a written complaint under this policy.
Professional Judgment - For the purposes of this procedure, every decision to renew or fail to renew an appointment, to terminate any such appointment, or to grant or refuse to grant a sabbatical leave, a promotion or a salary increase, shall be deemed to have been made pursuant to an exercise of professional judgment; and that every complaint that, explicitly or by implication, questions the merits of any such decision, but no other decision, shall be deemed to be a complaint that questions an exercise of professional judgment. In matters of professional judgment, the scope of review of the action is limited to a determination of whether the judgment was made in an arbitrary, capricious or unreasonable manner.
III. PROCEDURES
Step 1 (Supervisor Level)
If an employee believes that a specific College policy has been breached in its application to him/her, he/she shall file a written complaint with his/her immediate supervisor, with a copy to the College President and the Director of Human Resources. The complaint shall be filed within ten
(10) days of when the employee knew or should have known of the breaching event. The employee and the immediate supervisor shall meet within a reasonable time to attempt to resolve the problem. A written memorandum of the outcome of this meeting shall be prepared by the supervisor and delivered to the complaining party within ten (1O) days following the meeting and a copy to be submitted to Human Resources.
A Grievance Review Record shall be completed by the manager and submitted to Human Resources with a copy of the written memorandum attached. Human Resources shall maintain said documents in a separate and confidential file.
Step 2 (President's Designee Committee Meeting)
If said employee is not satisfied with the outcome at Step 1, within ten (1O) days of receipt of the Step 1 Memorandum, he/she may file with the President and Human Resources, a copy of the original complaint and a request for a meeting or a determination without a meeting on the matter. The President shall assign a Grievance Review Committee. If a meeting is requested, the committee shall give reasonable notice of the time, date, and place of the meeting, which shall whenever practicable be held within thirty (30) days after committee receives the complaint. No new issues may be raised at Step 2 beyond those raised in the initial complaint.
A meeting under this Handbook shall be conducted by Grievance Review Committee. All meetings shall be closed to the public. Both parties are entitled to be accompanied by an advisor at the meeting; however, the advisor may not directly participate in the meeting or question witnesses. Both parties may present witnesses at the meeting. All questioning of the parties and witnesses shall be conducted by the committee conducting the meeting. At the meeting, the formal rules of evidence shall not apply. In all cases the meeting shall be conducted in a fair and impartial manner. An official record may be kept of the proceeding.
The Grievance Review Committee conducting the meeting shall issue a written decision to all parties involved within thirty (30) days of the meeting. The decision shall include:
- a summary of the facts
- a summary of the evidence and witness statements presented
- a conclusion based on the evidence presented as to whether a violation of this policy has occurred.
The decision shall be hand delivered or sent by certified mail, return receipt requested, to the employee and to his/her designated representative.
Step3 (Appeal to President)
If said employee is not satisfied with the decision issued at Step 2, within seven (7) days of his/her receipt of the Step 2 decision, the employee may file a written appeal with the President.The written appeal shall detail the professional's exceptions to the Step 2 decision. The President shall review the Grievance Review Committee's decision and the employee's appeal, and shall issue his/her decision within thirty (30) days after receipt of the appeal. The President's decision shall be final.
Original: June 2006