Grievance Procedures

3.300 GRIEVANCE PROCEDURES

Guilford College wishes to provide the best possible working conditions for its employees. As part of its commitment to employees, the College encourages an open and frank atmosphere in which any problem, complaint, suggestion, or question can be discussed fairly and without bias. The College shall provide a grievance process that resolves problems quickly and effectively.  

A grievance exists when a regular staff employee is dissatisfied with an aspect of employment over which the employee has no control and on which remedial action is desired. Dismissal, demotion, suspension without pay, and reduction in force cannot be grieved pursuant to this policy.  

If an employee feels unfairly treated or has a complaint, the employee shall first discuss it with the immediate supervisor. It may be a case of misunderstanding, which can be straightened out by frank discussion.  

All employees have the right to present grievances to their supervisors or department heads and are assured freedom from discrimination, coercion, restraint or reprisal in presenting grievances.  

Disciplinary action may be taken against any person found to have willfully falsified a grievance claim.  

At each step of the grievance procedure the employee may be represented by another   Guilford College employee of the employee's choosing. Neither the grievant, nor the person against whom the grievance is directed, may be represented at any stage of the grievance process by an attorney.  

All references to work days shall be to actual days worked at the normal work site by the person required to respond.  

Grievances shall be presented and advanced as follows:  

(Step 1) An employee shall explain a grievance to their immediate supervisor in writing. The written grievance will include the cause of the grievance and provide a suggested remedy. A grievance must be brought within fourteen working days from the act causing the grievance unless a longer period of time is provided by law or written agreement. The supervisor, either alone or in collaboration with their supervisors, shall reach a decision and communicate it in writing to the employee within ten working days of their receipt of the written grievance. Every effort should be made to settle grievances at this stage. If the grievance is against the employee's immediate supervisor, the employee may begin the grievance with the next level of supervision.  

(Step 2) If the grievance is not settled at step one, the employee shall advance a written grievance to the next level of supervision within five working days. The supervisor shall make a written reply to the employee's grievance within ten working days.  

(Step 3) If the grievance is not settled at step two, the employee shall advance the written appeal to the department head within five working days. The department head shall obtain the facts of the case up to this point from the department file and may hold a conference with all the parties concerned. Within ten working days of receipt of the appeal, the department head shall notify the employee, the supervisor and the President of the decision in writing.

Staff employees are encouraged to exhaust other administrative remedies, including mediation, prior to setting in motion the procedures that involve establishing a grievance committee. However, this is not a requirement of the policy.

(Step 4) If the grievance is not settled at step three, a Grievance Committee will be established to consider and resolve the issue.

A Grievance Committee is an ad hoc committee chosen to hear just one case.

The Staff Grievance Committee will be an appointed committee of three regular members and an alternate. The Senior Officer for the division in which the charged party works, with the advice of the Office of Human Resources, will have responsibility for appointing this committee. All grievance committee members must be full-time employees who have been with the College on a full-time basis for a minimum of five years. At least one committee member must be from outside of the Senior Officer's division. The committee will be responsible for appointing its own chairperson.

Training in conflict resolution will be provided to each participant, if required. Committee members will be required to treat all proceedings as confidential and will observe the confidentiality of all documents and statements presented to it. Any violation of confidentiality shall be deemed a breach of trust and of professional ethics. Appropriate disciplinary action and removal from the committee will be immediate, should violation of confidentiality occur.

The Grievance Committee will consider the written grievance, all written responses to the grievance, any other relevant materials, and will interview the persons directly involved in the grievance. The committee will immediately seek to mediate and to resolve the issue to the satisfaction of those directly involved. The committee will report its findings within twenty working days of appointment.

If mediation fails, the matter will be reported to the President. All relevant materials and a brief report by the Grievance Committee of its efforts to resolve the issue will be forwarded to the President. The President shall determine and set forth the College's position and any requisite action with respect to the grievance. The President will respond, in writing, to those directly involved within ten working days of receipt of the grievance from the chairperson of the grievance committee. The president's decision shall be final.  

Any disposition, which is not appealed by the employee within the time allowed at each level, shall be considered settled and binding on the employee and the institution. At any level, the employee and the appropriate supervisor may agree, in writing, that additional time is required after the grievance has been filed. A copy of this agreement must go to the Office of Human Resources, who shall keep official records of the progress of a grievance regarding specified time limits.