8.2.50 Employee Grievance Policy

Policy Number: 8.2.50
Effective Date: February 27, 2023
Revision History: January 28, 2022
Policy Contact:  Chief Human Resource Officer

I. Purpose and Policy Statement

George Gwinnett College is committed to providing a positive work environment for all employees. This policy is intended to document guidelines and procedures for resolution of conflicts at the lowest possible level. When conflicts or disagreements occur, employees should first attempt to resolve them through discussion with their supervisors.  If informal attempts at resolution are not successful, formal grievance procedures are detailed in  this policy. A grievance or disciplinary review will be available to address claims that an employee has been harmed by an action that violates the policies of either the College or the Board of Regents of the University System of Georgia (“BOR”).

II. Scope

This policy and related procedures relative to appeals of suspension, dismissal, demotion decisions and/or related disciplinary review shall apply to all regular staff employees as defined in the BOR Human Resources Administrative Practice Manual under the Policy on Employee Categories. A faculty member may also choose to use these procedures for resolving appeals of suspension. However, such use must be consistent with Georgia Gwinnett College and BOR policies. Staff and faculty may not use two different campus grievance processes to address the same matter.

III. Definitions

Regular Staff Employee: Individuals employed on a continuous basis and whose duration of employment may also be defined by term and/or restricted funding source(s). Regular Staff employees may be full-time or part-time. Those with a work commitment of half-time or greater or .5 FTE are partial or full benefits eligible and those who work less than 20 hours per week are non-benefits eligible.

Business Day: Any week day the College is open and the non-essential staff is required to work.

Institutional Decision: A decision on behalf of the College that is issued by the Chief Human Resource Officer (“CHRO”) or designee after considering the Hearing Panel’s recommendation.

Preponderance of Evidence: The weight of the evidence, taken as a whole, supports that it is more likely than not that the claim is or is not true. In other words, the burden of proof is met when the party with the burden convinces the fact finder that there is a greater than fifty percent chance that the claim is true.

IV. Roles and Responsibilities

1. Chief Human Resource Officer (“CHRO”): The chief executive officer designated with responsibility to assign a Grievance Officer to oversee the formal review of a grievance filed by an employee. The CHRO will use the report of the Hearing Panel to reach a decision that best promotes the effective and efficient operation of the College.
2. Grievance Officer: A designated individual who will oversee the grievance process and has the authority to exercise supervision to ensure adherence to College policies and procedures related to the grievance.
3. Hearing Panel Chair: A designated individual who will oversee the hearing and has the authority to exercise supervision over the Hearing Panel to ensure adherence to College policies and procedures related to the grievance. It is permissible, at the sole discretion of the Grievance Office, for the Grievance Officer to also be the Hearing Panel Chair.
4. Hearing Panel: A designated group of individuals, assigned by the College, to consider a grievance filed by an employee and review the action taken.

V. Applicability and Compliance

When conflicts, or disagreements occur, employees should first attempt to resolve them through discussion with their supervisors. If informal attempts at resolution are not successful, a formal grievance process can be available.

VI. Circumstances Under Which Grievances May Not Be Filed

1. In accordance with BOR policy, a grievance will not be available to dispute the following issues:
   1. Promotion decisions
   2. Performance evaluations
   3. Contract expirations or contract non-renewals
   4. Hiring decisions
   5. Classification appeals
   6. Challenges to grades or assessments
   7. Challenges to salary decisions
   8. Challenges to transfers or reassignments
   9. Termination or layoff because of lack of work or elimination of position
   10. Investigations or decisions reached under the Institution’s Harassment Policy
   11. Normal supervisory counseling
   12. Matters excluded from grievance under other Board of Regents policy and/or excluded under College policy or campus communications
2. In addition, these formal procedures will not be available to a student employee, or employee who has chosen to seek relief through a department, school, or unit’s internal grievance procedure, unless such procedure failed to provide due process and/or an adequate mechanism for appeal or review. A student employee may not utilize two grievance procedures concerning the same matter.

VII. Circumstances Under Which Grievances May Be Filed

1. An employee may file a grievance under the following conditions:
   1. The employee has been suspended;
   2. The employee has been discharged;
   3. The employee has been demoted; or,
   4. The employee’s salary has been reduced. 
2. An employee may not file a grievance, even in the above circumstances, if:
   1. The discharge occurred during the six (6)-month provisional period;
   2. The employee has been adversely affected by a reorganization, program modification, or financial exigency (such employee may apply to the Board of Regents for review); or,
   3. The issue underlying the grievance is a charge of discrimination on the basis of race, color, sex (including sexual harassment and pregnancy), sexual orientation, gender identity, gender expression, ethnicity or national origin, religion, creed, age, genetic information, disability, or veteran status.  Such charges should be directed to the Equal Opportunity and Title IX Coordinator.
3. Grievant Must Exhaust Internal Remedies. Any individual wishing to file a grievance must exhaust the internal procedures detailed in this policy prior to appealing to an external organization or agency. In the event an individual elects to pursue a complaint, or appeal with an external organization or agency in lieu of filing an internal complaint, or before all internal procedures are exhausted, then compelling circumstances must be presented to, and accepted by, the Grievance Officer prior to the acceptance of the filing of an internal complaint, or prior to resuming the internal grievance process. The Grievance Officer has the sole discretion in the determination of whether to accept an internal complaint, or resume the investigation of an internal complaint in instances where an external entity is investigating and/or reviewing the matter.

VIII. Grievance Process/Procedures

1. The steps in the grievance procedures have specific time limits. 
2. Filing the Grievance.
   1. An employee may file a grievance by contacting the CHRO. Unless there is good cause for delay (as determined by the College), a grievance must be filed within ten (10) Business Days of the notice of suspension, discharge, or related disciplinary action. The timeline will begin on the next Business Day following the suspension, discharge, or related disciplinary action.
   2. The failure of the grievant to adhere to the filing deadline in this procedure may result in the loss of the right to continue a grievance. If filed after that time, the grievance must be accompanied by a written explanation for the delay and a brief written request to file late. The Office of Human Resources in coordination with the Office of Equal Opportunity and Title IX Compliance, or the appropriate designee, will rule on whether a late filing of a grievance will be accepted or denied based on whether the employee had good cause for filing the grievance late. 
   3. Upon submission of the grievance, the Office of Human Resources, or the appropriate designee, will acknowledge receipt and provide the grievant with a copy of this grievance policy,  Once a determination is made that a grievance has been timely filed, the CHRO will assign a Grievance Officer.
   4. If the grievance is against employees within the Office of Human Resources, an appropriate Grievance Officer will be assigned by the President to handle the matter in question, and the Grievance Officer will assume all the duties and responsibilities herein assigned to the Office of Human Resources or the CHRO under this grievance policy.
   5. If it is determined at any time that the grievance involves a matter of discrimination or harassment, under the College’s prohibited discrimination and harassment policies, then the grievance shall be handled in accordance with the procedures designated by the President as presented in the campus non-discrimination and anti-harassment policy.
3. Grievance Requirements.
   1. The grievance must be in writing to be considered. Appropriate methods of delivery include delivery by mail, email, hand delivery or courier service. Grievance documents provided via mail, hand delivery, or courier service must be signed by the grievant or the documents will be returned as incomplete.
   2. The grievance should clearly set forth a full statement of the following:
      1. The nature of the grievance;
      2. The employee’s version of the facts;
      3. Names of campus employees/students/affiliates who may have direct knowledge of the circumstances of the grievance and information indicating where and how these persons may be contacted during normal business hours; and,
      4. The redress desired.
   3. Grievance documents which do not include the four (4) elements above may be returned as incomplete.
4. Dismissal for Failure to Cooperate. The Grievance Officer may, in the Officer’s sole discretion, dismiss the grievance, if the grievant fails or refuses to cooperate with the Grievance Officer regarding either the informal or the formal resolution process, which includes but is not limited to the following:
   1. Failing to respond in a timely manner to the Grievance Officer;
   2. Failing to cooperate with the scheduling of informal resolution meetings or the formal hearing itself; or,
   3. Attempting to obstruct the grievance process.

IX. Informal Resolution

1. Where applicable, the Grievance Officer shall make every effort to resolve the grievance through informal resolution prior to assigning the matter for a formal review hearing. Within five (5) business days of a timely filing determination by the College, the designated Grievance Officer shall take the following steps:
   1. Notify the operating unit that a grievance has been filed;
   2. Decide as to whether informal resolution is possible; and,
   3. If informal resolution is possible, the Grievance Officer shall facilitate the full process and document the agreed upon outcome in writing, acquiring signatures from both parties and the matter will be deemed resolved, without further action.

X. Formal Resolution Board of Review Hearing

1. If after reviewing the documentation, informal resolution does not appear to be possible, or where the informal resolution process does not produce an agreed upon resolution, the Grievance Officer shall provide the employee with a written Notice of Intent to Schedule a Hearing concerning the matter. 
2. The Grievance Officer will handle the remaining steps in the process, including identifying the remaining members of the Hearing Panel. The Hearing Panel shall be comprised of at least two (2) members (including the Hearing Panel Chair), but no more than three (3) members (including the Hearing Panel Chair) for the Grievance Hearing. If one or more members are unable to serve on the Hearing Panel, the Grievance Officer or their designee, shall appoint alternates.
3. The parties (namely, the grievant and the management representatives) will be notified of the identity of the members on the Hearing Panel and may notify the Grievance Officer within three (3) business days of receiving that notice if they have a concern that any member of the Hearing Panel has a conflict or a bias.
4. The hearing may take place either before or after the effective date of the personnel decision in question. The Grievance Officer may choose to hold the hearing in person or via video conference. The Grievance Office shall give the grievant at least five (5) days notice prior to the scheduled hearing date.  The notice date is based on the date listed in the written letter to the grievant. In addition to the grievant, hearing notices are  prepared for the following:
   1. The grievant’s immediate supervisor
   2. The dean, director, or vice president over the grievant’s operating area
   3. Any other parties GGC considers appropriate as determined by the Grievance Officer
5. The grievant has the burden of proving allegations stated in the grievance under the preponderance of evidence standard.
6. Once a grievance is filed, campus officials will be unable to have ex-parte communications and/or related discussions outside of the hearing process with the Hearing Panel. For purposes of this policy, the hearing process begins on the date the grievance is submitted to campus officials in the Office of Human Resources. The parties to the grievance shall communicate with the Grievance Officer but may not directly communicate with the Hearing Panel outside of the hearing itself.
7. An employee is not allowed to use working hours to prepare for a hearing; however, vacation time may be requested and granted, if available. If vacation time is not available, time off without pay may be granted.
8. The parties should provide documentation and/or a list of witnesses to the Grievance Officer no later than three (3) Business Days before the date of the hearing. Documentation or witness lists not submitted three (3) Business Days prior to the hearing may not be considered unless the party presents compelling evidence as to why the material, or witnesses, were not made available to the Hearing Panel prior to the hearing. The Hearing Panel will decide whether such evidence, or witnesses, shall be allowed. The Grievance Officer shall forward all records, documentation, and potential witness lists to the Hearing Panel Chair and the parties to the grievance. The Hearing Panel Chair will conduct a briefing of the Hearing Panel to share the evidence prior to the Hearing.
9. The grievant may be permitted to have up to one person present at the hearing (i.e., a personal “Advisor”). However, the Advisor may not address the Hearing Panel, question witnesses, question the Hearing Panel, or question any other party. The Advisor may not address the Hearing Panel at any time. These restrictions also apply to an attorney acting as the Advisor. In instances where the presence of another party is counterproductive to the grievance process, the Grievance Officer may exclude the party. 
10. The Hearing Panel Chair may limit the number of parties in attendance.  Witnesses, other than the grievant and Management Representatives, for the hearing will be required to wait outside of the hearing until it is their time to participate in the hearing.
11. The Hearing
    1. Both parties have the right to submit changes of proposed evidence for the hearing less than three (3) Business Days prior to the hearing. However, should that occur, the Hearing Panel Chair determines if a witness will be called, or evidence accepted for presentation, where submitted less than three (3) Business Days before the hearing. Witnesses not associated with the College may not be requested to appear and may not be included in the Hearing, absent extraordinary circumstances, which shall be determined in the sole discretion of the Hearing Panel Chair. 
    2. When a witness cannot, or will not appear, the Hearing Panel Chair may consider the written statement of the witness, or make a determination as to whether the statement is appropriate for consideration. The Grievance Officer, in coordination with the Hearing Panel Chair, will determine when each witness is to be heard during the hearing. The Grievance Officer will contact and schedule those witnesses that the Hearing Panel requests to call. The Grievance Officer will let each party know when witnesses should be available. Each party is responsible for contacting their witnesses and having those witnesses available during the scheduled hearing time.
    3. Strict rules of evidence or legal procedure will not be followed during the hearing.
    4. The Hearing Panel Chair will determine how the Hearing is conducted and the relevancy of the evidence. The proceedings, except for the deliberations of the Hearing Panel, may be recorded by the Hearing Panel Chair. No other recordings or electronic devices will be allowed. The hearing may not be recorded by any other participants. The Hearing Panel Chair has sole discretion in determining whether to tape a proceeding.
    5. The order of individuals called to address the Panel will be as follows:
       1. Grievant
       2. Management Representatives, if applicable
       3. Witnesses, if applicable
       4. Summary
    6. Time. The hearing is limited to a total time of one and one-half hours. Included in this time are questions to witnesses and their responses. The Hearing Panel may grant additional time, if it is deemed necessary by the Hearing Panel Chair.
    7. Attendance at the Hearing. The hearing is closed to anyone except the parties and the Hearing Panel members. All potential witnesses, with the exception of the grievant and the Management Representatives, must leave the hearing until they are called to testify, absent other instructions from the Hearing Panel Chair.
    8. Procedural Modification. The Hearing Panel Chair shall have the authority to modify the hearing procedures.
12. Deliberations and Hearing Panel Recommendation
    1. At the close of all evidence, the members of the Hearing Panel will meet in closed session. A determination of findings will be made and if applicable, conclusions and recommendations will be determined.
    2. The Hearing Panel will prepare a recommendation and present it to the Grievance Officer within ten (10) Business Days of the hearing. The Hearing Panel Chair may extend this deadline at his/her discretion, based on appropriate justification.
    3. The Hearing Panel recommendations are forwarded by the Grievance Officer to the CHRO, or designee, for institutional decision within twenty (20) business days of the date of the Hearing . The Grievance Officer will notify the Hearing Panel Chair when the recommendation has been forwarded to the CHRO or designee. In instances where the CHRO is unavailable, the CHRO may authorize the CHRO’s designee, or the Hearing Panel Chair, to issue the institutional decision on the CHRO’s behalf.
13. Timeframe for Completion. The institutional decision should be disseminated by the CHRO, or designee, within twenty-one (21) business days of  the Hearing

XI. Appeal to the President

1. The grievant may appeal an institutional decision by submitting a written appeal request to the Office of the President for a final institutional decision within ten (10) business days from the date noted on the institutional decision. The grievant shall have the right to appeal the outcome based on one of the following grounds:
   1. To consider new information, sufficient to alter the decision, or other relevant facts not brought out in the original hearing, because such information was not known, or knowable to the grievant, at the time of the hearing;
   2. To allege a procedural error within the hearing process that may have substantially impacted the fairness of the hearing, including but not limited to whether any hearing questions were improperly excluded or whether the decision was tainted by bias; or,
   3. To allege that the findings were inconsistent with the weight of the information. The appeal shall be a review of the record only, and no new meeting with the grievant, or any alleged victim is required
2. Absent sufficient justification, the grievant may not be allowed to file a campus appeal of an institutional decision where notice was given and the grievant failed to appear for his/her the scheduled hearing. 
3. The appeal will be considered by the President, or the President’s designee, and the President, or designee, will issue a final institutional decision within thirty (30) business days of the date of the written appeal.  
4. If a grievant does not file, or is not allowed to file, an appeal to the President, the institutional decision shall become the final institutional decision.

XII. Application for Discretionary Review to the Board of Regents

If the grievant seeks a further review of a final institutional decision, an Application for Discretionary Review as outlined under the Board of Regents Policy Manual 6.26 should be submitted. This Board of Regents policy requires the Application of Discretionary Review to be made within twenty (20) calendar days of the date noted on the written notification of final institutional decision.

XIII. Related Regulations, Statutes, and Policies

BOR Human Resources Administrative Practice Manual Policy on Grievance 
Board of Regents Policy Manual 6.26 Application for Discretionary Review 
BOR HRAP Policy on Dismissal, Demotions, or Suspensions
BOR HRAP Policy on Disruptive Behavior
BOR HRAP Policy on Employee Categories
APM 12.1 Nondiscrimination and Harassment