|Revised||January 24, 2005|
- The following procedure is provided to ensure that employees are afforded due process procedures for grievances arising from employment at the College.
- Any employee of Blue Ridge Community College who has a complaint relating to a matter of major importance is authorized to use this process.
- The College's grievance process is primarily established for disputes that may arise from an employee’s allegation of a violation, inequitable application, or misinterpretation of a specific college rule, regulation, policy, procedure or contract. It is not designed to permit a grievance that relates to dismissal, layoff, non-renewal, or other matters of employment status unless there is a contention that any such action was in violation of written College policies, procedures, or regulations.
- The grievance should be initiated within 30 days from the time the alleged incident or action occurred.
- The employee may accept the decision reached at any level of the following procedure or the employee may appeal to the next stage of a possible four-step undertaking.
- Step One: Informal Discussion:
The employee should attempt to resolve the matter of concern informally. This informal method entails meeting with one's immediate supervisor and any Dean or Vice President in the direct line of supervision to the President.
- Step Two: President’s Written Decision:
Having exhausted the informal procedures without gaining satisfaction, a formal appeal may begin by the employee notifying the President of the complaint. This shall be with a written statement that sets forth the grievance, efforts made to remedy the grievance, the remedial action being sought, and any information available in support of the request. The President is to notify the employee of his or her decision in writing within ten (10) working days, stating the reasons for the conclusion. In lieu of rendering a decision, the President may elect to proceed directly to Step Three of the process, beginning with Sec. 8, below (Hearing Committee). Within seven (7) working days from such notice, the employee may then elect to withdraw the grievance or proceed to Step Three.
- Step Three: Hearing Committee:
The next step in the appeal process is before a Hearing Committee consisting of three (3) members, those being: one person selected by the current Faculty Senate Chairperson, one staff member chosen by the President, and a third employee jointly agreed upon by the other two members. The third member shall chair the hearing. No Hearing Committee member shall be directly involved in the complaint or fall within the appellant’s chain of supervision.
- The hearing will have the following procedural safeguards for the employee and the College:
- The opportunity to confront and cross-examine witnesses.
- The opportunity to present arguments and evidence orally, as well as in writing.
- The right to retain an attorney. In such cases, each party shall be informed of the other party’s intent.
- The maintenance of a complete record of the hearing. Tape recordings may not be used without the consent of all parties.
- A recommendation resting solely on the legal rules and evidence advanced at the hearing.A majority of the Hearing Committee will present a written recommendation to the President who, within fifteen (15) working days of the hearing's conclusion, will act upon this recommendation.
- Step Four: Review by Board of Trustees:
The employee has the right to appeal any ruling by the President to the College Board of Trustees. Such appeal must be submitted in writing to the President within ten (10) working days of the employee’s receipt of notification of the President's decision. The Board of Trustees will review the record of the hearing and notify the employee of the Board's final determination within fifteen (15) working days after receipt of the appeal notice, stating the reasons for its decision.