Roane State Community College

1. Grievance (Committee/Panel review available) – An employee may only grieve actions the institution has taken against the employee which:

   1. Violates institution or TBR policy, or involves an inconsistent application of these same policies;
   2. Violates any constitutional right. The most likely areas of concern are the First, Fourth or Fourteenth Amendment of the federal constitution when that action hampers free speech, freedom of religion, the right to association, provides for improper search and seizure, or denies constitutionally required notice or procedures; or
   3. Violates a federal or state statute not covered by TBR Guideline P-080.
2. Complaint (Committee/Panel review not available) – A complaint is a concern which an employee wants to discuss with supervisory personnel in an effort to resolve the matter. Personnel actions such as performance evaluations, rates of pay, position re-classifications, or position terminations due to reduction in force do not fall under the definition of complaint.
3. Employee - For purposes of the grievance and complaint procedures, all references to the term “employee(s)” contained in this policy, include only those individuals defined in this paragraph. Employees shall include administrators, faculty members (though not including faculty on adjunct contracts), professional non-faculty, clerical and support personnel. Probationary employees, temporary workers, and student workers are not included in the definition of employees.
4. Employment Action – Employment action is the demotion, suspension without pay, termination of an employee, or work assignments or conditions of work which violate statute or policy.
5. Grievance Committee/Panel – The President has designated the Compliance Officer to determine the members of the panel who will hear individual grievances. The panel will include peer representation, taking into account the legal distinctions between tenured faculty and non-faculty. This panel will receive training on the institution’s grievance procedure.

1. This policy is applicable to all employees to address grievances and complaints filed at RSCC.

   1. Matters subject to the grievance or complaint procedure include two types that shall be addressed and they are:

      1. Grievances which are subject to committee review, and
      2. Complaints which must be resolved without a committee review.
   2. A grievance form is available but no grievance may be denied because the form has not been used.

2. This policy is not applicable to a termination procedure initiated against a tenured faculty member under TBR Policy 5.02.03.00 Section V.I.a.(2).

   1. This policy is not to be used for support staff employees who are demoted, suspended without pay, or terminated.

   2. In accordance with T.C.A. § 49-8-117, Support Staff Grievance Procedure, support staff employees who are demoted, suspended without pay, or terminated must follow the grievance process contained in TBR Guideline P-111 Support Staff Grievance.

      1. Support staff employees who wish to challenge other employment actions not covered by TBR P-111, however, may utilize the procedures set forth in the guideline, as applicable.

      2. If the grievance involves or is based on unlawful harassment, it will be forwarded to the Compliance Officer and the process set out in TBR Guideline P-080 must be utilized, however if the college president’s decision includes demotion, suspension without pay, or termination, the employee so disciplined may use this policy or the procedure described in TBR policy 1.06.00.05 Contested Cases Subject to UAPA.

3. An employee may choose to utilize this procedure for review by the grievance committee established pursuant to this policy in actions relating to the suspension of employees for cause or termination in violation of an employment contract which fall under TBR policy 1.06.00.05 (Cases Subject to UAPA), or TBR Policy 5.02.03.70 Academic Tenure section V.I.2.b. (suspension of tenured faculty) or TBR policy 5.02.02.30 Faculty Promotion at Community Colleges.

1. The president of the college provides the final decision where a grievance is involved.
2. No employee shall retaliate or discriminate against another employee because of the latter employee's filing of a grievance or complaint. In addition, no employee shall coerce another employee or interfere with the action of another employee in the latter employee's attempt to file a grievance or complaint.

1. The complaint must be brought to the attention of the employee's immediate supervisor within ten (10) working days after the employee becomes aware of a problem. The employee should state the basis for the complaint and the corrective action desired in temperate and reasonable terms. The employee and the supervisor should discuss the complaint in an attempt to resolve the matter.
   1. If the complaint arises from a repeated or continuing occurrence, the time limit begins from the date of the last such occurrence.
   2. Any complaint not presented with the ten (10) day time limit is waived and shall not be considered.
   3. Once a final determination is made, the employee may not later present the same complaint in an attempt to gain a more favorable outcome.
2. If the supervisor and employee cannot reach a mutual agreement within five (5) working days, the employee may discuss the matter with the next level of supervision. The employee should proceed to this step within five (5) working days of the decision of the immediate supervisor. Failure to comply with this step within the time frame allotted will waiver the rights of the employee complaint on the matter.
3. In the event that an agreement is not reached at the level of supervision in Step 2 within five (5) working days, the employee can continue the process within five (5) working days of each unsuccessful agreement. If the complaint reaches the executive administrative level and cannot be resolved, the employee should file a written complaint with the director of Human Resources.
4. The written complaint must be filed within five (5) working days of the date of the decision of the executive administrator. Failure to comply with this step within the time frame allotted will waive the employee's right to complaint on the matter and the complaint may not be raised again.
5. Upon receipt of the written complaint, the director of Human Resources will investigate the matter and recommend a resolution and will submit a written recommendation to the president within five (5) working days if practicable.
6. Upon receipt of the recommendation, the president may accept the recommendation or provide an alternate solution. The president's decision shall be final.
7. Complaints do not include a right to any type of hearing, adversarial proceeding, nor the right of appeal to the chancellor.

1. Procedure
   1. A grievance must be initiated within fifteen (15) workdays after the employee receives notice or becomes aware of the action which is the basis for the grievance.
   2. The administrator considering the grievance at each step shall issue a written decision with specific reasons stated for the decision.

   3. If the employee is not satisfied with the decision at any step, they must carry the grievance forward to the next step within fifteen (15) workdays after receiving the written decision.

      1. If the employee does not carry the grievance forward within fifteen (15) workdays, the grievance procedure shall be terminated and the grievance disposed of in accordance with the last written decision.
      2. For the purposes of this procedure, the term “workdays” refers to Monday through Friday.
   4. Any party involved in the grievance proceeding may request an extension of any deadline set forth in this policy.
   5. Once a grievance is initiated, the grievant may not later present the same grievance again in an attempt to gain a more favorable outcome.

2. Testimony, Witnesses and Representation

   1. At every step, the employee may testify and present witnesses and materials in support of their position.
      The testimony of an employee, given either on their own behalf or as a witness for another employee, will not subject an employee to retaliatory action.

   2. At every step, the employee may be accompanied by a representative as defined by the college which may also specify the parameters of participation by the representative during the hearing process.
      At the discretion of the panel chair, additional employees from the unit may be allowed to attend the employee panel hearing conducted as the final step.

3. Steps of Review

   1. Step 1 – Supervisor or Administrator Instituting Employment Action:

      1. Within fifteen (15) workdays after the employee receives notice or becomes aware of the action which is the basis for the grievance, the employee completes a grievance form (which may be obtained from Human Resources), submits it to Human Resources and provides a copy to their supervisor or the administrator instituting employment action. While a particular form is not required to file a grievance, the employee must make it clear that they intend to utilize the grievance procedures for resolution of the employment action.
      2. Within fifteen (15) workdays after receipt of the grievance, the supervisor or administrator initiating employment action and the employee meet and discuss the grievance in a face-to-face meeting.
      3. If the supervisor or administrator was not the one who recommended the original employment action, or is recommending a change from the original employment action, the supervisor or administrator will make a recommendation to the administrator who made the original employment action.
      4. Any changes from the original employment action must be approved by the college president or before being communicated to the employee.
      5. Within fifteen (15) workdays after the face-to-face meeting, the supervisor/administrator must communicate the decision in writing to the grievant with specific reasons stated for the decision.
      6. If the supervisor/administrator fails to respond or if the decision is not satisfactory to the employee, the employee may carry the grievance forward to Step 2.

   2. Step 2 – Next Higher Level of Management

      1. Within fifteen (15) workdays after receiving the written decision at Step 1, if the employee is not satisfied with the result of Step 1, the employee must notify Human Resources that they want further review.
         Human Resources schedules a face-to-face meeting to occur within fifteen (15) workdays after receiving notice that the employee wants further review of the next level administrator.

      2. Within fifteen (15) workdays after the face-to-face meeting, the next level administrator issues a written decision that includes specific reasons for the decision.
      3. Any changes from the original employment action must be approved by the college president before being communicated to the employee.

   3. Step 3 – Hearing

      1. Within fifteen (15) workdays after receiving the written decision at Step 2, the employee can request a grievance hearing before a panel of employees.
      2. The employee must notify Human Resources in writing whether they want a hearing before an employee panel.

      3. Alternatively, the employee may request a hearing under TBR policy 1.06.00.05 (Cases Subject to UAPA), if applicable.

      4. If the employee requests a hearing before an employee panel, the Compliance Officer selects the panel members, convenes the hearing and arranges for the grievance to be heard.
      5. The employee grievance panel may include non-exempt staff employees, exempt staff employees, or a combination of both exempt and non-exempt employees.
      6. The panel members representing the unit where the employee works may not serve on the grievance panel.
      7. The grievance panel shall hear the grievance within fifteen (15) workdays, if practicable, after the date on which the employee submits a written request to Human Resources.
      8. The written recommendation of the grievance panel is subject to review by the college president.

   4. Step 4 – Review by the college president

      1. The written recommendation of the grievance panel will be forwarded to the college president.
      2. Within fifteen (15) workdays, if practicable, the president or a designee will notify the grievant of the final decision.

4. Grievances which are processed through the grievance committee and upon which the college president has made a decision are appealable to the TBR chancellor only where the grievance falls within the parameters set out in TBR policy 1.02.11.00 Appeals to the Chancellor and the Board.

Non-Retaliation

1. No employee shall retaliate or discriminate against another employee because of the latter employee’s filing of a grievance or complaint.
2. In addition, no employee shall coerce another employee or interfere with the action of another employee in the latter employee’s attempt to file a grievance or complaint.
3. Administrative, academic and supervisory personnel should also be informed that they are responsible for ensuring that the employee if free from retaliation, coercion and/or discrimination arising from the employee’s filing of or intent to file a grievance or complaint.

Responsibility for Implementation

1. The college president or designee has ultimate responsibility for implementation of the grievance and complaint procedures.
2. Administrative, academic, and supervisory personnel are responsible for ensuring that they inform and make available to all employees information concerning their right to file a grievance or complaint and their right to be protected from retaliation.

Maintenance of Records

1. Copies of written grievances and complaints and accompanying responses and documentation will be maintained in the Human Resources office for at least two years after the date of the employment decision.

2. If a finding adverse to the grievant/complainant is made, the finding shall be maintained in the grievant/complainant’s personnel file.