Policies and Procedures

C0101Bp Procedures for Employee Complaint Resolution - Actions that are in Violation of College Policy


‚ÄčThis complaint procedure is not to be used for policies which have a specifically defined complaint procedure such as Harassment, Discipline, Workplace Safety and Termination and/or other circumstances where a specific procedure is defined by law.

DEFINITIONS:

"Complainant" is defined as a College employee that is on the payroll of Western Technical College and who has a "complaint" as defined in this procedure. 

"Complaint" is defined as a dispute concerning the application of the College's policies regarding actions that are in violation of college policy.  No complaint shall be processed under this policy unless it is in writing and contains all of the following:

  1. The name and position of the Complainant
  2. A clear and concise statement of the complaint
  3. The relief sought
  4. The date the incident or alleged violation took place
  5. The specific section(s) of the policy/policies alleged to have been violated; and
  6. The signature of the Complainant and date

"Working Days" for purposes of processing a complaint, is defined as Monday through Friday. Weekends, holidays, and days when the College is closed are excluded. The time within which an act is to be done under this policy shall be computed by excluding the first day and including the last day.

STEP 1:  The Complainant shall initiate the written complaint (using the Employee Complaint Resolution Form with his/her immediate supervisor within ten (10) working days of the incident that gave rise to the complaint.  The supervisor will meet and discuss the matter fully with the Complainant and will provide a written response to the complaint within ten (10) working days of receipt of the written complaint materials. The supervisor shall advise the Complainant of the individual to whom the Complainant may appeal a decision made in response to a complaint. The Complainant may be accompanied by a representative of their choosing (including a fellow employee) and supervisors may include a Human Resource representative in the meetings. The Complainant may contact HR directly and if both parties agree, STEP 1 can be waived.

STEP 2:  In the event the matter is not satisfactorily resolved at Step1, the Complainant may submit a written appeal to the appropriate individual identified by his/her immediate supervisor within ten (10) working days of receiving the Step1 response.  If the College is aware of other similar complaints, the College may consolidate those matters and process them as one complaint.  To initiate the appeal, the Complainant must submit:

  1. A copy of the formal complaint.
  2. A copy of the supervisor's response; and
  3. A written statement of his/her reason(s) for disagreeing with the supervisor's response.

The individual receiving the appeal will investigate as appropriate, will meet to discuss the matter fully with the Complainant and other relevant parties, if applicable, and will provide a written response to the Complainant within ten (10) working days of receipt of the written materials set forth in 1, 2, and 3 above.  The Complainant may be accompanied by a representative of their choosing (including a fellow employee) and supervisors may include a Human Resource representative in the meetings.

STEP 3:  If the Complainant believes the matter has not been satisfactorily resolved at Step 2, he/she may submit a written appeal to the President within ten (10) working days of receiving the Step 2 written response.  All information and documentation from the initial complaint and previous appeals must be included.  The President will investigate as appropriate, will meet to discuss the matter fully with the Complainant and other relevant parties, if applicable, and will provide a written response to the Complainant within ten (10) working days of receipt of the written appeal.  The Complainant may be accompanied by a representative of their choosing (including a fellow employee) and supervisors may include a Human Resource representative in the meetings.

STEP 4: If the complainant believes the matter has not been satisfactorily resolved in Step 3, he/she may appeal to the Western Technical College District Board by filing a written appeal to Human Resources within ten (10) working days of receiving the Step 3 written response.  All information and documentation from the initial complaint and previous appeals must be included.

  1. The appeal will then be referred for final review to the College's District Board.  All appeals that are directed to the District Board will be reviewed in closed session unless otherwise required by law.  The Vice President-Strategic Effectiveness and/or the Employment, Benefits, and EEO Manager will present the District Board with all relevant documents.  The District Board shall schedule the review of the decision within thirty (30) days after submission of the appeal.
  2. The Complainant will have the opportunity to be present.  The Complainant may also choose to be represented and/or represented at the review by a representative of his/her choosing.
  3. If a meeting is requested, the Complainant and the College have the opportunity to meet with the District Board to explain the complaint and to state their respective positions with regard to the complaint.  Neither the Complainant nor the College may present additional witnesses, nor may either party question individual District Board members. 
  4. If a meeting is not requested, the District Board shall review all information and documentation from the initial complaint and appeals. No new evidence may be offered at this step in the procedure.
  5. The District Board will make the final decision on the submitted complaint.  The determination of the District Board will be final and binding.  This is the final step in the process.

EXCLUSIVE REMEDY

This procedure constitutes the exclusive process for the redress of any employee complaints as defined herein.  However, nothing in this complaint procedure shall prevent any employee from addressing with the Administration any concerns regarding matters not subject to the complaint procedure, and employees are encouraged to do so.  Matters that are raised by employees but are not subject to the complaint procedure shall be considered in a manner deemed appropriate by the Administration and/or District Board.

REVISIONS

This policy may be revised, updated, or repealed at any time.


‚ÄčApproved December 20, 2011