Skip to content

POLICY 06:23:02

SUPPORT STAFF GRIEVANCE

Purpose
The purpose of this guideline is to establish the process regarding support staff grievances and/or complaints at Pellissippi State Community College. Grievances and Complaints cover two separate scenarios as defined below.

Definitions

  • Grievance – means a complaint about one (1) or more of the following matters:
    • Demotion, suspension without pay or termination for cause; or
    • Work assignments or conditions of work which violate statute or policy.
  • Complaint – (Committee review is not available for complaints) – 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, job assignments, or position terminations due to reduction in force do not fall under the definition of complaint.
  • Support staff – means employees who are not faculty, executive, administrative or professional staff. Student workers are not included in the definition of employee.
  • Employment Action – means any action described under Grievance.

Roles

  • Human Resources – Acts as a liaison between the employee filing the grievance and the supervisor/administrator.
  • Supervisor(s) – The supervisor or administrator initiating the employment action discusses the grievance in a face-to-face meeting with the employee.
  • President– Any changes from the original employment action must be approved by the President.

Guideline

  1. Application of Guideline
    1. The following procedure is to be used for support staff employees who are demoted, suspended without pay, or terminated as described in TBR policy 1:06:00:05.
    2. If the grievance involves or is based on unlawful discrimination or unlawful harassment, the process set out in Guideline P-080 must be utilized; the grievance form is available in My Pellissippi under Personnel Forms, but no grievance may be denied because a standard form has not been used.
  2. Complaint Procedure
    1. The complaint must be presented within 15 days after the date the employee received notice or becomes aware of the action which forms the basis of the complaint.
      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 within the 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. Complaints should be submitted in writing to the human resources department.
    3. Resolution of complaints at a minimum requires the institution to:
      1. Allow the employee to present facts and/or materials;
      2. Investigate the dispute; and
      3. Attempt to find a solution.
        1. The President/Director or designee shall be the final decision maker.
        2. Complaints do not include a right to any type of hearing, adversarial proceeding, nor the right to appeal to the Chancellor.
  3. Grievance Procedure
    1. Time for Filing
      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 supervisor/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, the employee 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.
          a. For purposes of this procedure, the term “workdays” refers to Monday through Friday, excluding approved holidays.
      4. Any party involved in the grievance proceeding may request an extension of any deadline set forth in the policy by submitting a written request to human resources.
    2. Testimony, Witnesses and Representation
      1. At every step, the employee may testify and present witnesses and materials in support of the employee’s position.
        i. The testimony of an employee, given either on the employee’s 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 of the employee’s choosing with approval from human resources. The accompanying representative shall be present as a support to the employee, but may not interject, participate, or advocate on behalf of the employee.
        i. 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 Upon Receiving Employee Grievance
      1. Step 1—Supervisor Instituting Employment Action:
      2. Within fifteen (15) workdays after receipt of the grievance, the supervisor initiating the employment action and the employee meet and discuss the grievance in a face-to-face meeting.
      3. If the supervisor was not the one who recommended the original employment action, the supervisor will make a recommendation to the administrator who made the original employment action as to initiate a change in action or to keep the original action.
      4. Any changes from the original employment action must be approved by the President or Director, as appropriate, before being communicated to the employee.
      5. Within fifteen (15) workdays after the face-to-face meeting, the supervisor or administrator must communicate the decision in writing to the grievant with specific reasons stated for the decision.
      6. If the supervisor or administrator fails to respond or if the decision is not satisfactory to the employee, the employee may carry the grievance forward to Step 2.
    4. 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 further review is requested.
        a. The next higher level of management 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 President or Director, as appropriate, before being communicated to the employee.
    5. 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 a hearing before an employee panel is requested.
      3. Alternatively, the employee may request a hearing under TBR Policy No. 1:06:00:05 (Cases Subject to UAPA), if applicable.
      4. If the employee requests a hearing before an employee panel, Human Resources 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. Every effort should be made to include minorities, i.e. ethnic minorities and women, in the composition of the committee.
      8. The grievance panel shall hear the grievance within fifteen (15) workdays, if practicable, after the date on which the employee submits the written request to Human Resources.
      9. The written recommendation of the institutional panel or commission is subject to review by the President.
    6. Step 4–Review by the President/Director/Chancellor, as appropriate:
      1. The written recommendation of the grievance panel will be forwarded to the President, as appropriate.
      2. Within fifteen (15) work days, if practicable, the President, as appropriate, or a designee will notify the grievant of the final decision.
    7. Grievances which are processed through the grievance committee and upon which the President has made a decision are appealable to the Chancellor only where the grievance falls within the parameters set out in TBR Policy 1:02:11:00.
  4. 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 is free from retaliation, coercion and/or discrimination arising from the employee’s filing of or intent to file a grievance or complaint.
  5. Responsibility for Implementation
    1. The President or designee of the institution has ultimate responsibility for implementation of the grievance and complaint procedures.
    2. Administrative, academic, and supervisory personnel are responsible for insuring that they inform and make available to all employee’s information concerning their right to file a grievance or complaint and their right to be protected from retaliation.
  6. Maintenance of Records
    1. Copies of written grievances and complaints, and accompanying responses and documentation should be maintained at a specified location(s) at the institution 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.
    3. Information regarding the grievance procedure shall be included in employee orientations.

Tennessee Board of Regents Guideline: P-111

Reviewed/Recommended: President’s Council, September 30, 2013
Approved: President L. Anthony Wise, Jr., September 30, 2013
Reviewed/Recommended: President’s Council, May 23, 2022
Approved: President L. Anthony Wise Jr., May 23, 2022