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Appendix
2. GRIEVANCE PROCEDURE
Discrimination of the basis of race, color, national origin, sex, disability, age, religion, veteran status, or any other legally protected status, sexual harassment of an employee by another employee or college trustee.
(a) Each employee and trustee of the college will be notified of the location of the Employee Handbook which contains all grievance procedures.
(b) The conduct which is discrimination, disparaging conduct, or other professionally or socially inappropriate conduct on the basis of race, color, national origin, sex, disability, age, religion, veteran status, or any other legally protected status shall be given the broadest definition allowed by laws; both as to the type of conduct meeting these definitions and the settings in which the conduct occurs. In addition, sexual harassment or inappropriate social or sexual conduct shall be given the broadest definition allowed by law both as to the type of conduct meeting these definitions and the settings in which the conduct occurs.
(c) Such conduct in any job-related professional or social setting shall be grounds for termination if in the opinion of the Board of Trustees the misconduct warrants such action.
(d) This college has zero tolerance for discrimination, disparaging conduct, or other professional or socially inappropriate conduct on the basis of race, color, national origin, sex, disability, age, religion, veteran status, or any other legally protected status by one student, employee, official, or trustee towards another individual in any work or college setting, including any job or college-related, professional, or social setting. In addition, this college has zero tolerance for sexual harassment and any socially or sexually inappropriate conduct of one student, employee, official, or trustee towards another in work settings, including any job or college-related, professional, or social setting.
(e) Any employee experiencing misconduct, sexual harassment, or inappropriate sexual conduct by an employee, official, or trustee in any work setting, including any job-related professional or social setting, shall immediately report the inappropriate conduct to their immediate supervisor who shall in turn immediately refer the matter to the area cabinet member and all other supervisors in the chain of command. The cabinet member shall inform the Chief Human Resources Officer who shall be kept involved as appropriate in the process. In the event that the complaint involves physical facilities, the District Chief Operations/Safety and Security Officer will also be notified. If the objectionable conduct involves the employee’s immediate supervisor, or if the employee wishes to report to another administrator, the report of sexual misconduct, discrimination, disparaging conduct, or other professionally or socially inappropriate conduct by the employee shall be to the area cabinet member. If the conduct of the cabinet member is objectionable, the employee should report the concern to the President or Vice President Academic and Student Affairs if the President is unavailable. If the inappropriate conduct involves the Vice President Academic and Student Affairs and the President is not available, the employee should report the concern to the Chief Human Resources Officer. If the inappropriate conduct involves the President, the employee should report the concern to the Vice President Academic and Student Affairs. In the event the Vice President Academic and Student Affairs is not available, the employee should report to the Chief Human Resources Officer.
(f) The President or the Vice President Academic and Student Affairs if the President is unavailable shall be informed within one workday of the reported conduct. The President or Vice President Academic and Student Affairs shall decide whether the best interests of the employee complaining and the College warrant placing any employee involved on a leave with pay status pending investigation.
(g) The President or the Vice President Academic and Student Affairs may, where appropriate, place one or more employees on a leave with pay status stating simply that it is “in the best interest of the college pending investigation and final action.” (See Administrative Leave with Pay Procedures.)
(h) The cabinet member or the President/Vice President Academic and Student Affairs should investigate at once and, where possible, use an investigator of the same protected category as the employee reporting objectionable conduct with specific training in discrimination in the workplace. In the event of sexual harassment, an investigator of the same sex as the employee reporting objectionable conduct with specific training in sexual harassment should be used if possible.
(i) All employees or others interviewed should be advised that written statements either submitted by the individual or transcribed by a college employee will be requested under oath and that during the process honesty as if one were in a court of law is expected.
(j) If a student under the age of 18 is necessary as a witness, the student should not be interviewed until written consent is secured from the parent, court-ordered guardian, or other with lawful control of the student.
(k) The cabinet member shall review all information and decide upon appropriate action. Within five workdays, a decision regarding whether inappropriate conduct has occurred and what action should be taken shall be made by the cabinet member, unless exceptional circumstances such as unavailability of key witnesses for interviews suggests a longer period of time is necessary to fully and fairly investigate.
(l) If the individuals involved are not satisfied with the decision of the cabinet member, one or both can appeal that decision in writing to the President within five workdays. Within ten workdays, the president of the college will issue the final decision after reviewing all pertinent information.
(m) Any authorized action, including termination of employment, may be recommended. The procedures of the college and state and federal employment laws shall then apply, such as right of grievance, right of appeal and hearing, etc. The President may then elect to continue one or more employees on a leave with pay status so long as necessary to serve the best interests of the college.
(n) If the inappropriate conduct involves the President, the same procedures regarding investigation shall apply but the Vice President Academic and Student Affairs will conduct the investigation. The results of the investigation shall be reviewed by the Chairman of the Board of Trustees. In either a specially called or regular Board meeting, after proper placement on the agenda, the Chairman shall recommend such action as deemed appropriate to all members of the Board of Trustees.
(o) If the inappropriate conduct involves a member of the Board of Trustees, the same procedures regarding investigation shall apply but the Chairman of the Board of Trustees, or in the case the Chairman of the Board of Trustees is accused the Vice Chairman of the Board of Trustees, shall review the results of the investigation conducted by the President. In either a specially called or regular Board meeting, after proper placement on the agenda, the Chairman of the Board of Trustees or Vice Chairman of the Board of Trustees where the Chairman of the Board of Trustees is accused, shall recommend such action as deemed appropriate to all members of the Board of Trustees.
(p) If the report of inappropriate conduct by an employee is determined to be valid, but the employee accused of inappropriate conduct is allowed to continue employment with the college, the employee should be informed in writing that the next instance of inappropriate conduct may result in immediate termination of employment. The employee should sign the letter, review this procedure, and sign both documents. Both documents shall then be maintained in the employee’s personnel file.
(q) If the report of inappropriate conduct by an employee is determined to be a blatant false accusation, the reporting employee can be subject to disciplinary action.
(r) Every employee has an active duty to report sexual harassment, discrimination, and disparaging or other socially inappropriate conduct, whether it involves the employee, another employee, a student, or other. Failure of the employee to promptly report shall subject the employee failing to report to adverse employment action, including, if appropriate, termination of employment.
(s) The President, each site administrator and other appropriate administrators shall post a notice stating, “Equal Employment Opportunity is the Law”, in locations where accessible by employees. If a majority of the employees are primarily fluent in another language, the notice shall be posted in the second language. A Title IX coordinator who shall oversee certain aspects of this policy will also be appointed by the President.
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