Policy No.

HR-2534.2

POLICY & PROCEDURES MEMORANDUM

TITLE:

GRIEVANCE

PROCEDURES FOR

UNCLASSIFIED

ADMINISTRATORS & STAFF

EFFECTIVE DATE:

October 7, 1997*

(*LCTCS Policy Reference 5/17/07;

Title Updates 4/30/09; 2/14/05)

CANCELLATION:

Grievance Policy & Procedures for

Unclassified Staff in BA-2100.2

(3/31/96)

OFFICE:

HR (Human Resources)

Formerly issued as PR-2534.2

POLICY STATEMENT

A major goal of Delgado Community College is to maintain a satisfied and efficient work

force. Nevertheless, misunderstandings or dissatisfaction occur in day-to-day relationships between

employees or between employees and their supervisors. The College recognizes the rights of

employees to express their views and request resolution of work-related issues.

The College provides employees with an opportunity to be heard without fear of reprisal in

accordance with the procedures contained in this document. All parties involved in the grievance

process (the grievant, respondent, witnesses, and grievance committee members) are not to be

subject to any form of retaliation for being involved in grievance. All participants in the process are

expected to exercise discretion and to maintain confidentiality.

In accordance with Louisiana Community and Technical College System Policy, it is

preferred that differences be resolved quickly and equitably by the employee and his/her immediate

supervisor; open communication is encouraged between supervisors and employees to resolve issues

before they require a formal grievance hearing. For this reason, employees must first attempt to

resolve the issue by following through his/her chain of command (except in cases of discrimination,

sexual harassment and disability concerns where other informal procedures are used

). If the

employee has pursued the informal process for resolving the issue and continues to believe that the

issue has not been resolved, he/she may request a formal grievance hearing. The staff in the Office

of Human Resources is available to employees, supervisors, or department heads for consultation

before, during, or following any of the steps in the grievance process.

HR-2534.2 October 7, 1997*

*(LCTCS Policy Reference 5/17/07;

Title Updates 4/30/09; 2/14/05)

Employees who allege sexual harassment or discrimination based on race, religious

or political affiliation, gender, sexual orientation, national origin, age, disability/handicap,

marital status or veteran's status should consult with the College EAEO Officer and the

current policy and procedures memorandum on Discrimination or Sexual Harassment

PROCEDURES & SPECIFIC INFORMATION

Purpose

To establish policy and procedures that provide equitable means for the resolution of

employee issues.

Scope and Applicability

This policy and procedures memorandum applies to Unclassified Staff (HRS 07);

Temporary Unclassified Staff (HRS 11); Administrators with Rank (HRS Code 19); and

Grant Employees (HRS 13) who are in grant positions comparable to unclassified

administrator/staff positions.

Definitions

For the purposes of this policy, the following definitions apply:

Grievance

A "grievance" is defined as one of the following:

(1) an allegedly unfair policy and/or procedure*;

(2) an alleged violation or an inequitable, discriminatory, capricious application

of a specific provision of the College's official policy and procedures*;

A grievance is not solely a disagreement with an administrative decision; it

must meet the requirements of the above definition. Effective October 10,

2001, in accordance with

LCTCS Policy #6.015 “Grievance For All

Employees

,” performance evaluations are not grievable. Also effective

October 10, 2001, in accordance

with LCTCS Policy #6.014 “Discipline –

For All Employees

,” an employee recommended for termination is given the

opportunity to present reasons why the termination should not be

implemented, in order that the employee is afforded due process; the

employee may not grieve the recommended termination as additional rights

of substantive or procedural process not mandated by law are not afforded.

HR-2534.2 October 7, 1997*

*(LCTCS Policy Reference 5/17/07;

Title Updates 4/30/09; 2/14/05)

(3) an allegation of a work-related problem or condition which an employee

believes to be inequitable, discriminatory, or a hindrance to his/her effective

performance.**

** Employees who allege sexual harassment or discrimination based on race,

religious or political affiliation, gender, sexual orientation, national origin,

age, disability/handicap, marital status or veteran's status should consult

with the College EAEO Officer and the current policy and procedures

memorandum on Discrimination or Sexual Harassment.

Grievant

A "grievant" is defined as an employee who alleges a grievance.

Respondent

A "respondent" is defined as the person(s) whom the grievant believes has caused the alleged

problem.

Grievance Officer

The "grievance officer" is the person who oversees the process, to ensure a swift and

equitable resolution, once it reaches the Formal Grievance stage. The Director of Human

Resources serves as the Grievance Officer for grievances alleged by unclassified, non-

teaching staff. However, if the Assistant Vice Chancellor for Human Resources is a

respondent in a grievance alleged by an unclassified, non-teaching staff member, the

Chancellor appoints a Grievance Officer for that particular grievance process.

Unclassified Administrators/Staff Grievance Committee Pool

At the beginning of each academic year, each of the Vice Chancellors coordinates the

election of members to the Unclassified Administrators/Staff Grievance Committee Pool,

which will be equally divided into Unclassified Administrators/Supervisors*** and

Unclassified Staff Members***. (The Assistant Vice Chancellor for Human Resources sets

the date by which each Vice Chancellor is to have conducted the election.) As a result of the

election, the Unclassified Administrators/Staff Grievance Committee Pool totals 28 elected

members—14 Unclassified Administrators/Supervisors and 14 Unclassified Staff Members.

The following outlines the elected pool:

HR-2534.2 October 7, 1997*

*(LCTCS Policy Reference 5/17/07;

Title Updates 4/30/09; 2/14/05)

Learning and Student Development

6 Unclassified Administrators/Supervisors

and Chancellor’s Office:

6 Unclassified Staff Members

Business and Administrative Affairs

: 6 Unclassified Administrators/Supervisors

6 Unclassified Staff Members

Workforce Development and Education

2 Unclassified Administrators/Supervisor

2 Unclassified Staff Members

Total Pool 14 Unclassified Administrators/Supervisors

14 Unclassified Staff Members

*** For the purpose of selecting a grievance pool for this policy, an

Unclassified Administrator/

Supervisor,

often referred to as a Unit Head, is defined as an employee who is responsible for the

operation of a budget unit and is ultimately responsible for the supervision of the employees in that

unit.

Unclassified Staff

is defined as an employee who is not responsible for a budget unit and,

therefore, is not ultimately responsible for the supervision of the employees in that unit.

Timeline

To reach an effective resolution of the issue, the College maintains a statute of

limitation of thirty (30) working days. The employee has thirty (30) working days after

knowledge of the situation/incident causing the alleged problem to initiate the process which

begins with a written complaint to his/her immediate supervisor and a request for a meeting

to reach a resolution. Generally, the process should move swiftly to ensure quick and

equitable resolution of employee issues. In cases where a party believes that the process is

not moving swiftly, the Grievance Officer may respond by moving the process forward to the

next step. At such time, the Grievance Officer communicates this to all parties involved.

Resolution Through the Chain of Command

An employee with a complaint first communicates the complaint in writing to his/her

immediate supervisor within thirty (30) working days after knowledge of the alleged

situation/incident causing the problem. The written complaint is to contain a statement of

the complaint, any appropriate written materials in support of the complaint, and a statement

of the requested remedy desired. Both the immediate supervisor and employee then meet to

attempt to resolve the matter by mutual consent. After the meeting, the immediate

supervisor replies in writing to the employee's initial complaint.

Should the immediate supervisor not resolve the issue to the employee's satisfaction,

the employee may bring the complaint to the next supervisory level and continue as needed

through the chain of command up to, and including, the Campus Provost. For employees not

reporting through a Campus Provost, the chain of command goes up to the supervisory level

one step below the Vice Chancellor over that unit to reach a resolution. (For situations

HR-2534.2 October 7, 1997*

*(LCTCS Policy Reference 5/17/07;

Title Updates 4/30/09; 2/14/05)

where an employee's chain of command has no supervisor one step below the Vice

Chancellor over that unit, the employee meets with the Assistant Vice Chancellor for Human

Resources.) The employee provides the supervisor at each step of the process with written

materials documenting the process--the original written complaint and all subsequent

supervisors' written responses following the meetings. Each supervisor in the chain of

command responds in writing to the employee after their meeting.

Request for Grievance Hearing

If the employee has met with all supervisors through his/her chain of command and is

not satisfied that the matter has been resolved, he/she may request a formal grievance

hearing. To request a formal grievance hearing, the employee puts this request in writing to

the Grievance Officer. In this written request, the employee must clearly state who the

respondent(s) is, define the grievance, describe the specific issues of the grievance; and state

his/her requested remedies. (A grievant who requires assistance in formulating a complaint

in writing may receive assistance from the Office of Human Resources.)

Selection of Grievance Committee

Upon receipt of the written request for a grievance hearing, the Grievance Officer

notifies both parties--the grievant and respondent(s)--to set up a meeting for the purpose of

selecting a Grievance Committee. The grievant and the respondent(s) must be present for

this meeting. The Grievance Officer also obtains from the respondent(s) a written response

to the grievant's written complaint.

The Grievance Officer, in the presence of both the grievant and the respondent(s),

selects by lot five (5) members and two (2) alternates of the Unclassified Administrators/

Staff Grievance Committee Pool to serve on the ad hoc Grievance Committee for the

specific grievance. (If the respondent is a faculty member, the Faculty Grievance Pool is

added to the Unclassified Administrators/Staff Grievance Committee Pool prior to the

selection. If the respondent is a classified staff member, the case will be handled so as not to

conflict with Civil Service guidelines.) After all names are selected by lot, the grievant

and/or the respondent(s) may each challenge one member. Should challenges be issued, the

challenged member is excused and replaced with one of the alternates, drawn by lot.

Orientation of Grievance Committee

At the first meeting of the Grievance Committee, the Grievance Officer provides an

orientation of the Committee's expected role and responsibilities. At this time, the Grievance

Committee elects a chair and a recorder. The Grievance Officer serves as a resource person

to the Committee and brings to the meeting copies of documents pertaining to the grievance

case.

HR-2534.2 October 7, 1997*

*(LCTCS Policy Reference 5/17/07;

Title Updates 4/30/09; 2/14/05)

Review of Hearing Request

The Committee meets, as needed, to determine if the employee's complaint is

"grievable" (the complaint meets the definition of a grievance):

- If the Committee determines that the issue is grievable but a hearing is not

necessary for resolution, the Committee Chair puts in writing to the grievant

and respondent(s) specific recommendations to resolve the grievance.

- If the Committee determines that the issue is grievable and a hearing is

necessary for resolution, the grievant is granted a hearing.

- If the Committee determines that the issue is not grievable, the Committee

Chair puts in writing to the grievant and respondent(s) that a hearing is denied

because the issue is not grievable and reason(s) why it is not.

Appeal to the Vice Chancellor

If a request for a hearing is denied or a resolution recommended in place of a hearing

is not acceptable, the grievant and/or respondent may appeal in writing to the appropriate

Vice Chancellor over his/her unit. (Employees not reporting through a Vice Chancellor

appeal directly to the Chancellor.) If the Vice Chancellor accepts the appeal, a grievance

hearing is granted and a new Grievance Committee is selected for the purpose of hearing the

case.

GRIEVANCE HEARING

Purpose of the Hearing

The purpose of a grievance hearing is to allow the Grievance Committee to hear the

grievance and to hear the response. The Grievance Committee considers only the issue(s)

specified previously by the grievant.

The hearing is a College administrative procedure designed to reach an internal

resolution; it is not to be confused with any external civil procedures. Formal representation

is not required or encouraged. Legal or other counsel may be present during the hearing but

must serve in an advisory capacity only and may not participate in the hearing.

Pre-Hearing Activities

Both the grievant and respondent(s) are required to appear at the hearing. The Grievance

Officer notifies all parties involved of the date, time, and place of the hearing.

If the grievant or respondent is unable to attend, he/she may request a postponement of the

HR-2534.2 October 7, 1997*

*(LCTCS Policy Reference 5/17/07;

Title Updates 4/30/09; 2/14/05)

hearing. The grievant and respondent must notify the Grievance Officer of any

witnesses/parties who they want to be present at the hearing. To ensure fairness, the

Grievance Officer reserves the right to reschedule the hearing should the grievant or

respondent fail to give reasonable notification of a witness/party requested to be present at the

hearing. Witnesses must be limited to members of the College community (faculty, staff

and/or students). The Grievance Officer cooperates with the Committee in securing

witnesses and making available documentary and other evidence. If called to appear at the

hearing, witnesses are called one at a time and may not remain during the testimony of other

witnesses.

Hearing Guidelines

The following guidelines are followed to maximize the effectiveness of the hearing:

(1) All five members of the Grievance Committee must be present to conduct the

hearing.

(2) The hearing is closed to the public (only the Chancellor, or his/her designee,

and those individuals who are members of the Committee or who have been

requested to appear before the Committee are allowed to be present). Both

the grievant and respondent are present throughout the hearing; witnesses are

present only for their testimony. All matters concerning the hearing are to

remain confidential. A tape recording of the proceedings is maintained by the

Committee Recorder during the hearing, in addition to documentary evidence

and written materials presented by all parties. Upon completion of the

hearing, all materials used to record the hearing are given to the Grievance

Officer for filing.

(3) Generally, all hearings are scheduled for a maximum three (3)-hour period.

Any exceptions to this are handled by the Committee.

(4) The Chair or a committee member designated by the Chair may serve in the

role of mediator at any time in an attempt to propose a settlement agreeable to

all parties. The Chair, or a committee member designated by the Chair, in

concert with all five committee members, rules on all questions of relevancy,

redundancy, or immateriality of evidence and/or testimony, either by motion

of one of the parties, a committee member, or the Chair.

(5) The grievant and respondent(s) are given the opportunity to state their

positions to the Committee. Generally, the grievant and respondent(s) each is

allowed up to one (1) hour for their presentations including witnesses;

however, the Chair is responsible for decisions regarding the amount of

presentation time required. Both the grievant and respondent(s)

are offered the same amount of presentation time. The presentation time may

HR-2534.2 October 7, 1997*

*(LCTCS Policy Reference 5/17/07;

Title Updates 4/30/09; 2/14/05)

be used in any manner deemed appropriate by either the grievant or

respondent(s).

(6). The hearing is conducted in a professional manner. Procedures utilized by the

Committee are such as to allow a fair and impartial hearing. No disruptions

of the proceedings are tolerated. This means no verbal protests while

testimonies are being given, no asides, nor other behaviors that interfere with

the hearing. It is expected that all witnesses and testimony bear direct

relevance to the grievance.

Findings and Recommendations

At a meeting of committee members only, the Committee reviews the submitted

information to reach a consensus, by majority, regarding the findings of fact and

recommendations for resolution. The Committee may, through the Grievance Officer, seek

technical advice at any time before rendering its decision.

The Grievance Committee considers all materials presented to it. The decision of the

Committee is conducted by majority vote. The Committee promptly issues a written report

to the Grievance Officer, for transmittal to the appropriate Vice Chancellor. A justification

supporting the Committee's decision must be included in the Grievance Committee's written

report. It must state, if applicable, the specific policy and procedures involved, the exact

reasons for the findings, and the specific steps recommended to remedy the situation.

After reviewing the Committee's findings and recommendations, the Vice Chancellor

gives a decision on the case. The Vice Chancellor either: accepts the findings and agrees to

take the Committee's recommended step(s) to remedy the situation; accepts the findings and

modifies the Committee's recommended step(s) to remedy the situation; or denies the

findings with an explicit explanation as to why the findings are denied. The Vice Chancellor

gives the final report to the Grievance Officer, who in turn provides the grievant,

respondent(s), and Committee Chair with a copy of the report.

Right of Appeal

Right of Appeal to the Chancellor

If the grievant or respondent is not satisfied with the Vice Chancellor's decision, he/she

may appeal the decision in writing to the Chancellor of the College. The appeal must include

specific reasons as to why the decision and recommendations are not acceptable.

The Chancellor may uphold the Vice Chancellor's decision or specify another course of

action to remedy the situation. The Chancellor responds in writing to the Grievance Officer

who gives notification of the appeal's outcome to the grievant, respondent(s), and Committee

Chair.

HR-2534.2 October 7, 1997*

*(LCTCS Policy Reference 5/17/07;

Title Updates 4/30/09; 2/14/05)

Right of Appeal to the LCTCS Board of Supervisors

If the grievant or respondent appeals to the Chancellor and is still not satisfied with

the outcome of the College process, he/she has the right to make a final written appeal to the

LCTCS Board of Supervisors. The Board makes this appeal procedure available only after

the employee has exhausted all administrative procedures at the College.

10.

Maintenance of Grievance Records

Upon completion of the grievance process, the Assistant Vice Chancellor for Human

Resources maintains all records of the grievance proceeding for a period of three (3) years in

the Office of Human Resources. The grievant and respondent have a right to review all

information that is contained in their files which are located in the Office of Human

Resources.

11.

Cancellation

This policy and procedures memorandum cancels the Grievance Policy and

Procedures for Unclassified Staff as described in Policy and Procedures Memorandum BA-

2100.2,

Human Resources Guide for Managers

, dated March 31, 1996.

Policy Reference:

Louisiana Community and Technical College System Policy #6.015 “Grievance For All

Employees”

Louisiana Community and Technical College System Policy #6.014 “Discipline – For All

Employees”

Review Process:

Ad Hoc Committee on Unclassified Staff/Administrators Grievance Policy 9/15/97

Executive Council 10/7/97

Distribution:

Currently Distributed Via College’s Intranet

Original Distribution (1997):

12-Month Unclassified Administrators/Staff (HRS Code 08)

Classified Staff (HRS Code 09)

Temporary Unclassified Staff (HRS Code 10)

Grant Employees (HRS Code 11)

Restricted Classified Appointments (HRS Code 12)