SKC administration will endeavor to respond to and resolve complaints without resorting to the grievance procedure and, if a grievance is filed, to address the grievance promptly and equitably.  The Human Resource Officer will be kept apprised of all grievances.  Record of a grievance initiated by an employee shall not be made a part of his/her official personnel file.  However, if the grievance involves a disciplinary action that disciplinary action shall be part of the official personnel file unless the final grievance decision includes an order to remove the disciplinary action record from the personnel file.

All employees subject to disciplinary actions shall have access to these grievance procedures.  The following actions are not grievable:

1. The contents of SKC Policy & Procedures.
2.  Non-selection for interview, hire or promotion.
3.  Termination during any probationary period
4.  Management decisions relating to benefit plans and packages
5.  Change in work schedule or duty station.
6. Termination arising out of a reduction in force.
7. Directed reassignment

 All grievances will begin with a discussion between parties as the first attempt to resolve the dispute.

Direct reports of the President may file a written grievance to the SKC Board of Directors, if the Step 1 Initial Informal Grievance is not resolved. 

Step 1 Initial Informal Grievance

The objective of this step is to resolve the matter promptly and informally.  An individual with a grievance must notify the Human Resource Officer and complete the Grievance Procedure Form.  An individual with a grievance must discuss it with whom the grievance is against, within fourteen (14) calendar days after the first knowledge of the occurrence of the grievance.  Failure to present the grievance within the fourteen (14) calendar days shall be an absolute bar to prosecuting a grievance.  If the grievance is settled to the satisfaction of the individual, the matter will be considered resolved. If the grievance is not resolved, the grievance may be advanced to Step 2, Formal Written Grievance.  The individual filling the grievance must notify their immediate supervisor of their intent to file, prior to filing a formal grievance.  Grievances involving complaints of sexual harassment are exempt from step 1 and should be reported as specified under policy 261.30.

Step 2 Formal Written Grievance

If the grievance is not resolved at step 1, the grievant may file a written grievance stating:  1) specifically and clearly the nature of the grievance 2) the remedy requested, and 3) witnesses and evidence of the grievance.  It must be signed and dated by the grievant.  The Step 2 written grievance must be filed with the Human Resource Officer and with the immediate Supervisor of whom the grievance is against, within thirty (30) calendar days of the event or incident or from the date after the first knowledge of the occurrence of the grievance

If the grievance alleges a violation of Title IX of the Education Amendments of 1972, Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, or sexual harassment, the Supervisor in Step 2 will turn the complaint over to the Title IX Coordinator who will investigate the grievance as stated in Policy 261.30. 

Otherwise, the immediate Supervisor will investigate and attempt to resolve the grievance.  The Supervisor will notify the parties and the Human Resource Officer in writing of the decision within fourteen (14) calendar days from the date the grievance was submitted.  If either party is not satisfied with the supervisor’s decision, the grievance may be advanced to Step 3 by requesting in writing that the supervising Vice President review the Step 2 decision.  Such request must be made within ten (10) calendar days of receiving the Step 2 decision and filed with the Human Resource Officer.

Step 3

Upon receipt of the written request for review, the supervising Vice President will schedule a meeting between parties and render a decision in writing to the parties and the Human Resource Officer within fourteen (14) calendar days of the request. During the meeting the parties will be afforded the opportunity to either dispute or concur with the Supervisor’s report.  If the Vice President agrees with the recommendation of the supervisor, the recommendation will be implemented.

If the grievant is not satisfied with the Vice President’s decision, the grievance may be advanced to Step 4 by requesting in writing, with a copy to the Human Resource Officer, within fourteen (14) calendar days that the President review the Vice President’s (Step 3) decision. 

Step 4

Upon receipt of the written request for review, the President will schedule a meeting between the parties. The parties will be afforded the opportunity to either dispute or concur with the Vice President’s report. The President will decide the matter and will notify the parties and the Human Resource Officer in writing of the decision within fourteen (14) calendar days of the meeting. If the President agrees with the recommendation of the Vice President, the recommendation will be implemented. The decision of the President is final.

Legal Reference:         Title IX of the Education Amendments of 1972, 20 USC 1681-1688;

Title II of the Americans with Disabilities Act

§ 504 of the Rehabilitation Act of 1973

History:

Adopted:  Policy has been in place prior to Sept. 2003
Revised: 8/2007, 2/13/13, 8/21/13
Reviewed May 2018