3E-08 Disciplinary Action

POLICY: 6Hx28:3E-08
Responsible Executive: Vice President, Organizational Development & Human Resources
Policy Contacts: Assistant Vice President, Human Resources
Specific Authority: 1001.64, F.S.
Law Implemented: 1001.64, F.S.; 775.21 F.S.
Effective Date: 05-28-2014
Date of Last Policy Review: 10-24-2022

Policy Statement:

Valencia College is committed to providing all employees a fair, clear, and useful tool for addressing performance problems to include a process for rectifying instances of unacceptable performance and/or personal conduct. Supervisors are expected to address concerns consistently and at the onset of any employee performance or conduct deficiencies through coaching, counseling, additional training or supervision; unless the severity of circumstances dictates a level of disciplinary action. Employees are expected to be aware of, and abide by, existing College policies and procedures. If there are performance and/or conduct deficiencies, it is the employee’s responsibility to address and improve these concerns on which a corrective or disciplinary action is based.
Disciplinary actions are usually corrective and progressive in nature; however, serious misconduct, work performance problems, or violation of laws and/or college policies, procedures, and practices may warrant disciplinary action, including dismissal, outside of the corrective and progressive approach. To ensure equitable processing of corrective actions and in accordance with specific position regulations, supervisors must consult with a representative from Organizational Development and Human Resources prior to the implementation of disciplinary action.

Policy History:

Adopted 1-19-83; Amended 11-18-92; Amended 5-28-2014; Formerly 6Hx28:07-30

Procedures:

Prohibited Conduct

All Valencia College employees are expected to fulfill the duties outlined in their job descriptions, expected to abide by College policies and established procedures, and expected to engage in professional conduct throughout their employment. Types of prohibited conduct may include, and are not limited to:
1. Violation of any college policy(ies), procedure(s), standard(s), or other college departmental rules and regulations governing the workplace;
2. Conflict of interest; improper activities as defined in College Policy 6Hx28: 1-10 Policy Against Improper Activities; Whistleblower Protection;
3. Conduct on or off campus which adversely affects the operation of the College or the image of the College in the community;
4. Insufficiency of productivity, quality of work, or neglect of duty – Isolated incidents or continued pattern of inefficiency, missed deadlines, disorganization, lack of initiative, reduced and/or insufficient productivity, inability or unwillingness to follow procedures/processes or any other performance deficiency that is not meeting acceptable standards;
5. Excessive or habitual tardiness, absenteeism, and/or unauthorized or unexcused absences
  1. An unreasonable, or unacceptable number (determined by the supervisor based on operational needs), or frequency of absences (which may include a pattern which coincides on the day preceding or following the employee’s regular days off, absence on the same day of each week or each month, or failure of an employee to obtain prior approval for an absence from work); and/or
  2. A habitual failure of an employee to report to work at the established time to begin a shift, after a lunch or after a break period, or leaving work early without authorization that results in a negative impact on the workplace.
    
    Note:
    - Absences or tardiness as authorized by law, regulation, policy, or procedure are not taken into consideration for potential disciplinary action.
    - Three (3) consecutive scheduled work day absences without approved leave or without appropriate notification of extenuating circumstances or medical emergency may also be evaluated as a resignation under College Policy 6Hx28: 3F-05.2 Abandonment of Position.
6. Failure to obtain minimum job qualifications/certifications, or loss of or failure to report the loss of minimum job qualifications/certifications;
7. Leaving assigned work area or workplace without authorization – Unauthorized absence from the workplace or assignment during the established work schedule or leaving the workplace for a lunch, break period, or prior to the end of the work schedule without proper relief where coverage is expected and/or required during specific periods of time;
8. Safety violations – Performing unsafe acts, failure to wear safety equipment, failure to abide by or follow established safety procedures or practices, and/or actions or non-work related activities that result in property damage or injury to self or others;
9. Abuse or misuse of prescribed medication which poses a safety risk; possession or consumption of illegal drugs while on duty; consumption of alcoholic beverages while on duty, except at approved College functions (i.e. culinary educational programs, etc.); and/or reporting to work or being under the influence of alcoholic beverages or drugs at work;
10. Insubordination (blatant disregard of supervisor directions), or failure to follow supervisor directions or directions of another employee in a position of authority at the College – Failure to carry out a directive from a team lead, manager or supervisor as a verbal refusal or an unreasonable delay in completing the work; and/or disrespectful behavior towards a team lead/manager/supervisor including directing profanity towards a team lead/manager/supervisor, verbally or physically intimidating a team lead/manager/supervisor, or speaking loudly or argumentatively to or about a team lead/manager/supervisor;
11. Disruptive or Aggressive Behavior – Behavior that is considered disruptive or aggressive towards others, or in the work environment. This may include and is not limited to:
  1. Language that may be considered or perceived as threatening, profane,
    
    vulgar, or abusive towards others;
  2. Gossip that is pervasive or persistent to disrupt the work environment;
  3. Physical violence or threats of violence committed against any member or guest of the College community;
  4. Forcible interference with the freedom of movement of any member or guest of the College;
  5. Obstruction of the normal processes, activities, and functions of the College community; and/or
  6. Disruptive activities as defined and prohibited in accordance with the criminal provisions of Section 877.13, Florida Statutes;
12. Refusal or failure to work cooperatively with others – This includes and is not limited to failing to communicate, interact, supervise, and/or work with other individuals or in a collaborative environment in a professional or effective manner;
13. Revealing Privileged Information – Revealing to unauthorized individuals information considered privileged, private, or confidential based on law, policy, or procedure;
14. Sleeping on compensated time, during the scheduled work period and/or in the performance of duties;
15. Fraud, misrepresentation, or dishonesty – Willful and/or deliberate misrepresentation or omission of any verbal and/or written documented facts, including fabricating information or knowingly furnishing false information to the College or to College officials acting in the performance of their duties including and not limited to falsification of submitted timekeeping records;
16. Unauthorized entry to, possession, receipt, abuse, defacement of, or unauthorized removal of College property or the property of others while on College premises;
17. Loss of or failure to report lost or stolen College property (i.e. supplies, technology devices, keys, equipment, etc.);
18. Misuse or inappropriate use of compensated time – Isolated incident or continued pattern of non-productiveness or inactivity which diverts an employee from performing their assigned duties or interferes with the business needs and operations of the College, unless it is work-related and as authorized by a supervisor;
19. Failure by an employee to notify their supervisor of an arrest, notice to appear, or information filed against the employee by a prosecuting official on an alleged
  
  violation of the law (i.e. felony or job-related misdemeanor, etc.);
20. Failure by an employee to notify their supervisor of the employee pleading guilty, nolo contendere, or no contest, or being found guilty of a felony or job-related misdemeanor; and/or
21. Failure by an employee, who is officially designated as a Sexual Offender/Sexual Predator in accordance with Florida Statute 775.21 (The Florida Sexual Predators Act), to notify their supervisor of such sexual offender/sexual predator designation.
  
  Note: Florida law, in section 775.21 (The Florida Sexual Predators Act) states in part, “[r]epeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit may offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes.”
  
  Florida law, in section 943.0435, states in part, “[t]he Legistlature finds that sexual offenders, especially those who have committed offenses against minors, often pose a high risk of engaging in sexual offenses even after being released from incarceration or commitment and that protection of the public from sexual offenders is a paramount government interest.
  
  In July 2002, new provisions of these laws became effective which require sexual predators and sexual offenders to notify the state or sheriff, as appropriate, of enrollment, employment, or the carrying on of a vocation at an institution of higher education in Florida. Each change in enrollment or employment status must be similarly reported. The state or sheriff must promptly notify each institution of the sexual predator’s or sexual offender’s presence and any change in the sexual predator’s or sexual offender’s enrollment or employment status.
  
  The College has determined that the employment of persons officially designated as Sexual Offenders/Sexual Predators would be disruptive of the orderly process of the College’s programs and/or would interfere with the rights and privileges of the members of the College community. In accordance with 1001.64, F.S. the College may consider the past actions of any person applying for employment and may deny employment to a person because of misconduct if determined to be in the best interest of the College. Accordingly, applicants for employment at the College who are officially designated as Sexual Offenders/Sexual Predators will be excluded from further consideration, and employees who are officially designated as Sexual Offenders/Sexual Predators shall be given the opportunity to resign, or in the alternative, shall be separated from the College in accordance with applicable policies and procedures, including
  
  without limitation College Policies 6Hx28: 3F-03 (Suspension, Dismissal, Return to Annual Contract, or Non-Renewal of Contracts) and 6Hx28: 3E-08 (Disciplinary Action).
  
  Information regarding sexual predators or offenders attending or employed by an institution of higher learning may be obtained from the local law enforcement agency with jurisdiction for the particular campus or by calling FDLE hotline (1-888-FL-PREDATOR) or (1-888-357- 7332), or by visiting the FDLE website at www.fdle.state.fl.us/sexual_predators/search.asp.
Informal Corrective Action

A supervisor is encouraged to address employee performance and/or behavior concerns when first identified and in a timely manner to allow opportunities for the employee to correct and improve performance and/or behavior. This includes, and is not limited to, conversations during which a supervisor and employee work together to identify ways to resolve the concerns.

Informal corrective action is not considered disciplinary in nature and should demonstrate an attempt by the supervisor to correct the deficient performance and/or behavior. Should the employee’s performance and/or behavior continue to be inconsistent with the College’s established policies or procedures, the supervisor is expected to address and document these issues through a formal disciplinary action process and, as applicable, should use the informal corrective action(s) utilized as supporting documentation for the disciplinary action(s) taken.

Although informal corrective action includes tools that may be utilized by a supervisor, it is not a prerequisite to formal disciplinary action. If utilized, however, the supervisor shall maintain any documentation of informal corrective action in the employee’s department file. Examples of informal corrective actions include, and are not limited to:
1. Coaching
  
  A supervisor should engage in coaching discussions with an employee to address performance and/or behavior concerns. Coaching conversations are informal, should allow the supervisor to provide direct feedback to the employee on the concerning performance and/or behavior, the impact of the concerning performance/behavior, and allow the employee an opportunity to respond to the concerns. Additionally, coaching conversations should include a discussion on possible ways that the employee can correct the concerning performance and/or behavior.
  
  A supervisor should maintain documentation of the coaching conversation that includes and is not limited to the date/time/location of the conversation, the performance and/or behavior issues discussed, supervisor expectations, suggestions and established timeline for employee improvement, and any other relevant information. Examples of documentation may include and is not limited
  
  to a chronology of events, written notes by the supervisor, and/or a follow up email to the employee.
2. Individual Action Plan
  
  The Individual Action Plan (IAP) is an informal performance management tool with the documentation maintained by the supervisor. This tool allows a supervisor to document performance/behavior concerns and work collaboratively with the respective employee to formulate an action plan to facilitate improvement. Though the IAP is not a prerequisite to formal disciplinary action and/or a Performance Improvement Plan (PIP), the IAP is often used to address performance and/or behavior concerns at the earliest possibility and prior to taking a more formal action.
  
  For more information regarding the IAP process, supervisors may view the tool in the EDGE and/or consult with Organizational Development and Human Resources (ODHR) by contacting HR4U at 407-299-5000 x 4748 (HR4U) or HR4U@valenciacollege.edu.
3. Written Counseling
  
  Where appropriate, a supervisor should document concerns and agreed upon next steps to an employee through a Written Counseling. A Written Counseling is an informal written corrective measure or a follow up email to the respective employee that should include the date of the conversation, a summary of the concerns discussed, and if applicable, a highlight of prior conversations of a similar nature. The documentation should also include a summary of expectations moving forward, consequences for failing to adhere to those expectations, and developmental resources available to support the employee on improving the performance and/or behavior. These resources may include and are not limited to the assignment of internal or external training (technical and/or soft skill based training) and/or the assignment of mentors who may be able to provide additional support and guidance.
Formal Corrective Action – Performance Improvement Plan

A Performance Improvement Plan (PIP) is a formal performance management process that is placed in the personnel file and is used to outline performance issues to be improved. A specific written plan of action is developed by the supervisor(s) to guide an employee’s necessary improvement. The PIP process lasts for a predetermined length of time (typically 45, 60, or 90 days), in which the employee’s performance progress is evaluated in periodic meetings (usually weekly or bi-weekly) with the supervisor. The supervisor completes written summaries of these meetings to review at the end of the PIP process in order to determine appropriate next steps.

Employees who are unsuccessful in meeting the expectations outlined in the PIP may be subject to formal disciplinary action, as described in Procedures Section
IV.

For more information regarding the PIP process, and prior to issuing a PIP to an employee, supervisors must consult with a representative of ODHR by contacting HR4U at 407-299-5000 x 4748 (HR4U) or HR4U@valenciacollege.edu.

Formal Disciplinary Action
1. All disciplinary actions issued by appropriate College personnel are determined on a case-by-case basis. In determining the proper level of disciplinary action, the supervisor may repeat, modify, or omit a level of disciplinary action based upon the facts and severity of the specific case to include prior disciplinary action for similar circumstances. Behaviors may be considered so significant that dismissal may be the first course of action, regardless of an employee’s length of service, prior conduct, or performance record. Though supervisors have discretion in determining the disciplinary action to be issued, the type of disciplinary action should be proportionate with the behavior and/or performance concern(s).
  
  In circumstances when a supervisor determines that disciplinary action may be appropriate, the supervisor is first encouraged to meet with the employee to discuss the concerning performance and/or behavior. This conversation should be held in a timely fashion, and in a private setting, which allows for more open and robust conversation. The supervisor is expected to inform the employee of the concern(s), and to provide the employee with the opportunity to respond.
  
  After meeting with the employee and upon review of all available information, if the supervisor determines that disciplinary action is still appropriate, the supervisor must contact a representative from ODHR. ODHR shall provide consultation and guidance prior to the supervisor issuing any formal disciplinary action in order to promote the appropriate and equitable application of this policy.
2. In certain situations, an inquiry or investigation may be necessary in order to obtain sufficient facts related to a potential employee disciplinary matter. The supervisor of the respective area may request an inquiry or investigation through ODHR to assist in understanding the totality of circumstances in order to make an informed decision. Note: ODHR may also initiate an inquiry and/or investigation based on available information. (Valencia Policy 6Hx28:2-01 addresses investigations specific to discrimination, harassment, and related misconduct complaints; Valencia Policy 6Hx28:1-10 addresses investigations specific to improper activities and whistleblower protection).
  
  As a condition of employment, employees may be required to participate in job- related meetings, hearings, inquiries, or investigations. To ensure that open and forthright dialog occurs, attorneys are not permitted to accompany individuals during interviews unless allowable based on other applicable policies/procedures as referenced in the preceding paragraph, nor are interview sessions audio or
  
  video recorded. Those interviewed are entitled to also submit a written statement if they so choose.
  
  All individuals who participate in this process are expected to maintain appropriate privacy regarding the information and individuals engaged in this process. Employees are expected to not disrupt the normal operations of the College by discussing or disclosing private information with regards to this process. Under certain circumstances, employees disclosing confidential or privileged information may be subject to disciplinary action as outlined in this policy.
3. In certain circumstances and after consultation with ODHR, a supervisor may choose to place an employee on administrative leave with pay pending the resolution of an inquiry/investigative process or while reviewing all relevant facts and circumstances prior to determining if disciplinary action is an appropriate next step. Placing an employee on an administrative leave with pay is not disciplinary in nature and is taken to ensure continuity of normal operations of the College. Employees placed on administrative leave with pay shall be notified both verbally and in writing of this decision and any additional expectations while on administrative leave. For more information, see College Policy 6Hx28: 3D-02 Leaves of Absence.
4. Disciplinary action may include and is not limited to the following:
  1. Written Reprimand – This action occurs when prior coaching or counseling attempts by the supervisor have been unsuccessful and the employee’s performance and/or behavior continues to be below expectations. Under most circumstances, written reprimands occur before more progressive disciplinary actions are undertaken by supervisors. Circumstances may also arise when a reprimand is appropriate without previous informal resolution attempts. The written reprimand formally documents the discussion between the supervisor and employee and may also be accompanied by a Performance Improvement Plan (PIP), though a PIP is not a disciplinary action. For more information about the PIP Process, supervisors must consult with a representative of ODHR by contacting HR4U at 407-299-5000 x 4748 (HR4U) or HR4U@valenciacollege.edu.
  2. Suspension – This action documents discussion(s) between a supervisor and employee who continues to not meet behavioral or performance expectations after receiving a written reprimand and/or a PIP. Circumstances may also arise when a suspension is appropriate without a written reprimand previously issued to the employee. Suspensions shall be without pay and leave balances may not be used. Suspensions shall be for a period of no less than the balance of the employee’s shift on the day the action is taken and shall normally not exceed up to ten (10) consecutive working days/shifts. Multiple day suspensions must be taken consecutively.
  3. Demotion – This action occurs if there is a serious violation of policies or there are repeated offenses and other disciplinary actions have been unsuccessful, there is an available vacant position for demotion, and there exists a reasonable expectation that the employee can be successful in their new role.
  4. Return to Annual Contract – In the case of a full-time tenured faculty on a continuing contract, this action may occur if there is a serious violation of policy(ies) or there are repeated offenses and other disciplinary actions have been unsuccessful. For more information, see College Policy 6Hx28: 3F-03 Suspension, Dismissal, Return to Annual Contract, or Non-Renewal of Contracts.
  5. Dismissal – This action occurs when there is a serious violation of policy(ies) and/or there are repeated offenses that other disciplinary actions have failed to rectify. Circumstances may also arise when dismissal is appropriate without a previous disciplinary action issued to an employee. For more information on terminations “for cause” of a full-time employee on a continuing, annual, or other full-time employment contract, see College Policy 6Hx28: 3F-03 Suspension, Dismissal, Return to Annual Contract, or Non-Renewal of Contracts.
5. Notice of disciplinary action or pending action should normally be made within ten (10) College business days of the supervisor’s knowledge of the reported incident unless an authorized inquiry or investigation is ongoing. In the case of an incident subject to an authorized inquiry or investigation, notice of disciplinary action or pending action should normally be made within ten (10) College business days of the completion of the investigation or inquiry.
6. ODHR shall provide consultation to the supervisor on drafting the written notice of disciplinary action. At a minimum, the disciplinary action documentation should describe the performance and/or behavior concerns (including when applicable a reference to the prohibited actions described in Procedures Section I and the disciplinary action(s) listed in Procedures Section IV. D. that were taken to address the performance and/or behavior). Additionally, the document should include, when appropriate, the type of conduct or behavior expected in future similar situations, and the consequences if improvement is not achieved or if repetition of unacceptable performance, behavior or work habit occurs.
7. The supervisor is responsible for maintaining a signed copy of all disciplinary documents and related written notifications in the appropriate department file, providing a copy to the affected employee, and forwarding a copy to ODHR for placement in the respective employee’s personnel file.
8. For final employment separation actions initiated by the College, the respective supervisor is responsible for initiating the employee separation process in
  
  accordance with College Policy 6Hx28: 3F-01 Employment Separations and Exit Process.
Grievance Process for Disciplinary Action
1. The grievance process provides the opportunity for full-time employees, and with respect to termination of an employment contract for part-time faculty, to register a formal grievance concerning disciplinary action taken in accordance with this policy.
  1. A full-time tenured faculty member on a continuing contract who decides to formally challenge a recommendation to terminate employment may choose either the internal process outlined in the procedures of this policy; or may choose an alternative external process in accordance with State Board of Education rules. For more information on the external process, see College Policy 6Hx28: 3F-03 Suspension, Dismissal, Return to Annual Contract, or Non-Renewal of Contracts. The choice of internal or external hearing process, once made by the tenured faculty member, is not revocable, and the faculty member cannot choose both hearing processes.
  2. Non-disciplinary grievable actions are identified and addressed in College Policy 6Hx28: 3E-09 Employee Dispute Resolution.
2. The formal process to grieve a disciplinary action allows the eligible employee to receive a College hearing on the concerns surrounding the issuance of the discipline, receive an impartial recommendation for resolution and involves the following steps:
  1. The review by the Grievance Coordinator to determine the qualification for hearing
  2. The grievance hearing
  3. The review of and the decision regarding the grievance committee’s recommendation by the designated College official.
3. The employee filing the grievance may not simultaneously maintain two separate grievance procedures on the same issue nor can they initiate any further process on the same issue provided in College Policy 6Hx28: 3E-09 Employee Dispute Resolution.
4. Grievance Procedures

ODHR Representatives are responsible for coordinating and implementing the grievance process and ensuring that all elected hearing committee members are properly trained before they participate in the grievance process. In addition, the Assistant Vice President, Human Resources (or under limited circumstances, a designee) will provide neutral support and guidance to all participants in the process. This individual, acting as a neutral party, may render advisory assistance to

either/both the grievant or respondent regarding procedural matters and interpretation of applicable policies.

Grievance Committee Structure and Responsibilities – An impartial grievance committee is responsible for hearing disciplinary grievances. The composition of the grievance committee is outlined in College Policy 6Hx28: 3E-09 Employee Dispute Resolution.
Grievance Rules – The following rules will govern the conduct of the hearing:
1. The grievant is responsible for supporting their grievance that a College policy or procedure has not been followed by a preponderance of evidence as it relates to the issuance of the disciplinary action.
2. The respondent will be permitted to present testimony or documentation in support of their actions regarding the issuance of the disciplinary action.
3. Only the grievant and respondent(s) will be permitted to present to the grievance committee. Either party may request a witness(es) who may provide additional testimony or documentation to support the party’s claim and the grievance committee will determine the final list of witnesses for the hearing (if applicable). The grievance committee may also request specific documentation, additional information, or call witnesses as necessary.
4. The grievance process is not a criminal or civil court proceeding and should not be regarded as such.
5. The grievant and respondent may each have an advisor, who may be an attorney, attend the hearing; however, the advisor may not address the committee directly or directly participate in the proceeding. The role of the advisor is to quietly advise the person who invited them, and the advisor may be excused if their presence disrupts the hearing in any way in the sole discretion of the committee chair or grievance coordinator, who is typically the Assistant Vice President, Human Resources or designee. If either party wishes to have an advisor present at a hearing, they must advise the Assistant Vice President, Human Resources, with the name of the advisor at least three (3) College business days prior to the hearing.
6. In the hearing, the grievant and respondent shall be given an opportunity to state their position and there will be no cross-
  
  examination by either party. Only the grievance committee will be permitted to ask questions of both parties and witnesses, as applicable.
7. The hearing is not a public meeting and the conduct of the hearing will be kept private to the extent permissible by law and as necessary and appropriate to protect the rights of the parties.
Grievance Process Steps:

To ensure the opportunity for timely and equitable solutions to alleged grievance of full-time employees and with respect to termination of an employment contract for part-time faculty, the College requires the following procedural steps to be followed:

Step I – A grievance must be filed in writing using the designated “HR Full-Time Grievance” form (HR Form #301), which must be signed (electronic or handwritten) and dated by the grievant in the designated area on the form. The employee must submit the completed grievance along with required documents (as applicable) to the Assistant Vice President, Human Resources, through hard copy, fax, or sent scanned via email and received within ten (10) College business days receipt of the disciplinary action. (Business day is defined as a day where the College is open for business. It shall exclude Saturdays, Sundays, College holidays, and other official College closures as applicable.) If the form and related documentation are sent via fax or scanned and sent via email, the date/time of the sent fax/email will be identified as the filing date/time of the grievance.
1. The grievance form must include the following information (attach supporting documentation as needed:
  1. A detailed, factual written description of the issue(s) that includes the incident, act, or omission the grievant alleges is the basis for the grievance, including date(s) of occurrence;
  2. The specific section(s) of policy(ies) and/or procedure(s) alleged to not have been followed, misapplied, or misinterpreted by the College with specific regard to the issuance of the
    
    disciplinary action; to include how the policy (ies) and/or procedure(s) was(were) not followed;
  3. Name(s) and contact information of any witness(es) or those who have direct knowledge of the alleged incident, act or omission and a description as to how the witness knowledge correlates to the grievance;
  4. Any other documents the grievant considers to support the grievance; and
  5. The specific resolution the grievant is seeking to resolve the matter or remedy the situation.
    
    (Note: Mere dissatisfaction or disagreement with the disciplinary action issued is not a basis for a grievance.)
2. Grievances filed by the deadline date shall be reviewed by the grievance coordinator to determine whether the complaint involves a grievable or non-grievable matter. If grievable, the grievance coordinator shall inform the grievant and respondent of the grievance. Grievances that are determined by the grievance coordinator to be non- grievable or eligible to be presented, pursued, and reviewed under a more specific policy or procedure provided by the District Board of Trustees may not be presented or processed under this policy. (Note: For matters considered non-grievable, see College Policy 3E-09 Employee Dispute Resolution.) This determination is final and is not appealable. The grievant will be notified of such determination and if applicable, provided more detailed information as to the process regarding the appropriate policy.
3. Grievances that do not include the required information or are not filed by the deadline date may not be processed. If the item(s) presented in the grievance fall under the parameters of non- grievable matters, they do not include the required information, or the grievance is not submitted by the deadline date, the grievant will be notified of such determination and the grievance not
  
  processed. This determination is final.
4. All notifications to the grievant and respondent will be communicated through the grievance coordinator or designee.
Step 2 – Formal written notifications of a hearing date will be made within ten (10) College business days from the determination by the grievance coordinator that a grievance hearing is appropriate. The grievance coordinator is responsible for coordinating the grievance date, time, and location with the grievant, appropriate supervisory personnel and/or respondent, grievance committee, and witnesses (as applicable and identified by the grievance committee).

Notification of the scheduled hearing date is delivered via email to the respective parties.
1. Document Requests – The grievant or respondent may request relevant document(s) from the grievance coordinator to support their position in preparing for the hearing. The request(s) to the coordinator should be specific and provide the date by which said documents are needed. Confidential information may be redacted. The College will make reasonable efforts to accommodate the document requests; however, requests for documents with a response time of less than one
  1. College business day/24 hours may not be possible to honor. The requestor may request the documentation prior to and independent of placing it on their evidence list that is submitted to the committee. Note: With the exception of documents requested by and presented by the grievance committee, the grievant or the College representative/respondent may only present the documents listed on the evidence list.
2. Grievance information and evidence to be presented – The grievance coordinator or designee will supply the grievance committee, grievant, and respondent with the grievance information and a list of evidence to be presented at the hearing no later than three (3) College business days prior to the scheduled hearing date. The list may include witnesses identified by the grievance committee to provide testimony at the hearing.
Step 3 – The grievance committee will hear the grievance

during which the grievant and respondent have an opportunity to clarify the information supporting their cases. Each party will have an opportunity to provide opening statements, responses, and closing statements. The grievance committee and/or grievance coordinator may ask questions of the grievant, respondent, and any witness(es). In addition, the grievance committee and/or grievance coordinator may request additional documentation from either party to include additional witnesses at any time during the process. The grievance committee and/or grievance coordinator may request additional documentation or witnesses prior to or during the course of the hearing. Prior to and during the hearing, the committee chair may rule that evidence or testimony presented is not applicable to or relevant to the basis of the hearing.

After the hearing is completed, the grievance committee has ten (10) College business days to provide a recommendation(s) to the grievance coordinator, who will distribute the recommendation(s) to all relevant parties. The grievance documentation presented at the hearing and committee recommendation(s) will be provided to the Vice President/Campus President responsible for the respective area. If the grievance involves the Vice President/Campus President responsible for the respective area, or the termination of a tenured faculty member, the grievance documentation and committee recommendation(s) will be provided to the College President. The recommendation(s) must be supported by a preponderance of evidence provided (more probable than not), affirmed by a majority of the committee members, and signed by all committee members. The grievance committee may consult with the grievance coordinator regarding the content and composition of the recommendation prior to submittal to the Vice President/Campus President (or College President, if applicable); however, the grievance committee determines the recommendation for the case.
Step 4 – Based upon the grievance committee recommendation, the respective Vice President/Campus President (or College President, if applicable) in consultation with the Vice President of Organizational Development and Human Resources (VP, ODHR), has the authority to accept or modify the recommendation(s). (If the grievance committee recommendation is to the VP, ODHR, then the VP, ODHR will consult with the College President or designee. If the grievance involves the VP, ODHR, the College President will consult with the Executive Vice

President or another College Vice President.) The respective Vice President/Campus President (or College President, as applicable) will issue the final written decision to the grievance coordinator, who will distribute the decision to all relevant parties normally within ten (10) College business days.

In the case of a termination of a contract of employment, the grievant may appeal the final written decision to the College President (except when the grievance committee recommendation goes directly to the College President) on the following grounds:

New information that could affect the decision by the Vice President/Campus President at the time of the decision; and/or
Material deviation(s) from written procedures that significantly affected the outcome.

Note: Mere dissatisfaction or disagreement with the disciplinary action issued is not a basis for an appeal.

This appeal must be submitted in writing to the College President within five (5) College business days of the grievant’s receipt of the final written decision. Following the issuance of the final written decision, or the College President’s decision in the case of an appeal of a termination of a contract of employment, as the case may be, the decision is the final action of the College’s grievance process on the matters presented.

Procedure History:

Adopted 1-19-83; Amended 5-28-14; Amended 6-27-19; Amended 02-24-21; Amended 10-24-

22; Formerly 6Hx28:07-30

Date of Last Procedure Review: 10-24-2022

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