HR3240 - Employee Complaint Procedure

1. Institutional Regulations
   
   An employee who believes that College policies or procedures have been violated related to their employment may file a complaint through the College Complaint Procedure, if the matter is not covered by a collective bargaining agreement, does not involve alleged discrimination, and has not been filed with a state or federal agency.
    
2. Procedure
   1. Complaint Procedure
      1. Step 1 - Informal
         1. The complainant shall meet with their immediate supervisor within 15 working days of the day the complainant became aware of, or should have become aware of, the alleged violation through the reasonable exercise of diligence. If possible the complainant should articulate the specific policy or procedure at issue.
         2. The supervisor shall review information provided by the complainant, review the pertinent policy or procedure, gather additional information as necessary and respond to the complainant in writing noting the facts/policies/procedures that support the conclusion within 10 working days of the meeting.
         3. It is in the interest of all to have the issue resolved at the lowest level possible and, where possible, to find a resolution to the complaint before moving to a more formal complaint.
      2. Step 2 - Formal Process
         1. If the complainant determines relevant facts that would have changed the finding were not considered in Step 1, or that information considered was provably inaccurate, they may submit a Complaint form (P-46) to the next higher-level authority within 5 working days from receipt of the response including the facts or inaccurate information that was considered..
         2. The next higher-level of authority shall review the written information provided in Step 1 and may elect to meet with the complainant and any other parties deemed appropriate if additional information is needed. The authority shall issue a written response as soon as a reasonable investigation can be concluded, but no longer than 45 calendar days from the receipt of the complaint. It may be necessary to move the complaint, skipping steps in the process, if there is no authority to resolve the complaint at the lower level.
      3. Step 3
         1. Facts of the complaint should be established by this step in the process. Mere disagreement with the outcome is not reason for review. If however the complainant determines relevant facts that would have changed the finding were not considered in Step 2, or that information considered was provably inaccurate, they may submit the Complaint form to the next higher-level authority within 5 working days from receipt of the response.
         2. The next higher-level authority shall review the written responses provided in Steps 1 and 2 and meet with the complainant or as necessary conduct more inquiry into the facts of the case.
            1. If a meeting is held, it shall be held within 10 working days from receipt of the complaint form, and a written response shall be issued to the complainant within 10 working days following the meeting.
            2. If an investigation is conducted, a written response shall be issued within 45 calendar days from the receipt of the complaint.
      4. Step 4
         1. If the complainant determines relevant facts that would have changed the finding were not considered at previous steps in the process or that information considered was provably inaccurate, they may request a review of the evidence, and/or the application of the policy/procedure to the facts by the President or designee within 5 working days after receipt of the response.
         2. The President or designee shall review information from the previous steps and respond to the complainant within 10 working days after receipt of the complaint.
         3. The decision of the President or designee is final and the complaint will be considered closed.
   2. Time limits may be extended by written mutual agreement of the parties. If a complainant fails to proceed to the next step within the prescribed time limits, the complaint shall be considered closed based upon the last response. If the administration fails to respond within the prescribed time limits, the complainant may proceed to the next step.
   3. Complaint forms may be obtained from the DMACC web site, Human Resources, campus Executive Campus Dean’ offices, and Executive Academic Deans’ offices.
   4. All records connected with an employee complaint shall be kept in a file separate from the employee’s official personnel file.
   5. At the discretion of the investigator, and in order to maintain the privacy of those involved, the responses provided at each step in the complaint process may not include the entire investigative report.

March 20, 2018

July 18, 2018

September 1, 2020

May 1, 2023

April 29, 2024

Related Form: Complaint Form (P-46)