Chapter 3358:17-22 Committees; Grievance Procedure
The use of a committee structure as a mechanism for college - wide discussion and input to decision making requires that the committee members be truly representative of the college community, and that those who serve do so in addition to their regular duties. Four types of committees may exist on campus: the executive committee, the president's cabinet, the standing committees as indicated in paragraph (C) of this rule, and any ad hoc committees as deemed necessary. The procedures and regulations as outlined herein do not require or prohibit the functioning of any student group, faculty group, or administrative group, nor do they require or prohibit the input of such groups through these procedures and regulations.
(A) The executive committee.
The college executive committee functions as the chief planning, decision -making, and executing body of the college. The committee consists of the president, vice president and treasurer, and the vice president for academic and student affairs and the vice president for administrative services. The assistant to the president serve s as an ex officio member. The executive committee meets upon the call of the president. At the request of the president, any employee of the college may be asked to participate in the functions of the executive committee.
(B) The president's cabinet.
The president's cabinet functions as the chief communications, policy consideration, and planning body of the college. As such, it provides a forum to discuss and resolve issues of concern to the entire college community. The president's cabinet shall consist of the members of the executive committee, the academic deans, chairperson of the professional staff senate, chairperson of the support staff senate, faculty senate president, institutional research specialist, director of m is, dean of information technology, director of library services, registrar, controller, director of opportunity programs, dean of student service s, director of public information, business and technology, director of physical plant, and director of outreach.
(1) Cabinet meetings are open.
(2) In the event of the absence of the president, the president's appointed representative shall act as chairperson.
(3) The president's cabinet should meet at least quarterly at an agreed upon time. More frequent meetings may be called as required.
(4) Any individual member of the college faculty or staff may present an item of business to the president's cabinet.
(C) Standing committees.
The board of trustees authorizes the president to develop a system of standing committees to assist in the communication and decision making processes of the college. The standing committees of the college shall serve as working bodies to recommend policies for consideration. Recommendations may be submitted by the committee chairperson to the executive committee for consideration. These committees may also serve in an advisory capacity to administrative offices to assist in making decisions in areas such as scholarship awards, admission criteria, and similar situations where it is desirable to have full- and part-time faculty, professional staff, hourly staff and student input.
The current list of standing committees is contained in appendix G.
(D) Standing committee procedures.
(1) Members of a standing committee not designated by reason of a position will be appointed to the committee for a period of two years, with certain exceptions.
(2) The chairman of a standing committee shall be appointed from among its membership for a period of one year, unless otherwise designated in the committee's procedures.
(3) A quorum shall exist when a simple majority of the members of a standing committee are present.
(4) All decisions and recommendations of the standing committee shall be by a simple majority vote of those present unless otherwise specified in the committee's procedures.
(5) All minutes and recommendations of the standing committee shall be submitted in writing to the executive committee for their information. Committee recommendations may be submitted to related committees, appropriate administrators, or other appropriate groups for review or action. Recommendations which concern college policies and procedures should be submitted to the executive committee for consideration.
(6) A standing committee may go into closed session if deemed necessary by its membership.
(7) A standing committee may request the attendance of the president or any member of the faculty or staff at a given meeting.
(8) As noted in paragraph (D)(4) of this rule, the standing committees may make recommendations concerning college policies and procedures to the executive committee. It will be the responsibility of the executive committee to decide on the issue.
(E) Ad-hoc committees.
(1) Ad-hoc committees may be established as the need arises. These committees will be of a temporary nature terminating at the completion of the assignment.
(2) Membership and election procedure for ad-hoc committees will be considered in a democratic way.
(3) A quorum shall exist when a simple majority of the members of the ad-hoc committee are present.
(4) The chairman of an ad-hoc committee shall be appointed from among its membership.
(5) All decisions and recommendations of the ad-hoc committee shall be by a simple majority vote of those present unless otherwise specified in the committee's procedures.
(6) All minutes and recommendations of the ad-hoc committees shall be submitted in writing to the executive committee for their information and consideration. Committee recommendations may be submitted to related committees, appropriate administrators, or other appropriate groups for review or action. Recommendations which concern college policies and procedures should be submitted to the executive committee for consideration as provided in paragraph (D)(5) of this rule.
(7) An ad-hoc committee may go into closed session if deemed necessary by its membership.
(8) An ad-hoc committee may request the attendance of the president or any member of the faculty or staff at a given meeting.
(9) Recommendations of ad hoc committees which concern college policies and procedures will follow the same procedure as outlined in paragraph (D)(5) of this rule.
(A) Basis for the grievance procedure system.
(1) The importance of a grievance procedure lays not so much in its frequent use as in the fact that it is available and can operate as a workable safety valve.
(2) The grievance procedure should provide a mechanism for the development and maintenance of stable working conditions by resolving employee concerns arising over the interpretation and/or application of a workplace policy, practice or procedure.
(3) The following issues are not grievable: introductory period actions, employee contract non-renewals, corrective actions up to and including termination; terminations resulting from reduction in force or grant stipulations, performance evaluations, the content of the college's published policies and procedures.
(4) Grievance procedures should improve existing communication and create new channels of communication by establishing greater interaction between supervising personnel and employees. It should encourage discussion of policies and procedures by those who must work together.
(5) The grievance procedure should eliminate problems before they arise. Where this cannot be accomplished, the aim is to minimize the severity of the problem. Where a complaint exists, the procedure to resolve differences should provide an orderly method of bringing the complaint to the surface so that it can be settled promptly and without discord.
(6) This grievance procedure is not used for situations involving sexual harassment or any other form of discrimination. See appendix E to this rule for those procedures.
(B) Procedures of the grievance system.
The system is divided into informal and formal systems. Following are the steps for both systems:
(1) Informal grievance system.
(a) Step 1:
All employees are encouraged to discuss any working injustice with his/her immediate supervisor at the first sign of trouble or differences in opinion.
Realizing that each individual must be treated in such a manner as to maintain morale, the supervisor must allow the employee an opportunity to state the complaint completely and to make the aggrieved employee feel at ease and willing to give all the details of the complaint. In addition, the self-respect of the parties concerned must be maintained at a high level to insure cooperation when a final decision has been made. The complaint may be presented in the company of another employee if the complainant so desires.
This informal procedure should settle the complaint before it disrupts the work of other employees. Since all complaints may not be resolved in this manner, the following procedures have been developed to aid employees in airing work related complaints.
(b) Step 2:
The employee, the supervisor, or the department head may wish to have both parties to a grievance give an oral presentation of the matter before the appropriate administrator of the division. This should be done with the supervisor or department head in attendance. Again the employee may present his or her complaint in the company of another employee. The reviewing administrator should give an oral answer to the aggrieved employee within a reasonable time, not more than two working days.
(c) Step 3 (optional).
An optional step available to an employee recognizes that some types of complaints are of such a sensitive nature that the employee believes he/she is unable to discuss it with her/his immediate supervisor or department head. In such cases, the employee may seek guidance from the office of human resources or any of the chief administrators of the organizational divisions of the college. This third party may act as a consultant providing information concerning policies, procedures, directives and regulations which apply, and may resolve the complaint or bring about a satisfactory understanding. This person may arrange a meeting between the employee and the supervisor or department head if possible. A summary of any such meeting should be written.
(2) Formal grievance system.
(a) Step 1:
If the complaint cannot be resolved in the manner above, the aggrieved employee shall ask that the matter be taken before the administrator in charge of that-operational section for a written presentation by both sides. Within fourteen working days after the aggrieved employee knew, or should have known of the matter giving rise to his/her complaint, the aggrieved employee must submit his/her complaint in writing to the administrator in charge. Thereafter the accused parties listed in the aggrieved employee's complaint will be given seven working days to submit a written response to the administrator in charge. Within seven working days after receiving the timely written response, the administrator must supply a written answer to the aggrieved employee and the accused.
(b) Step 2:
Should the employee continue to be dissatisfied with the decision, the employee may submit a written grievance to the president. The written grievance must be received by the president, within seven working days of the employee's receipt of the administrator in charges decision. The president will render a written decision concerning the grievance within seven working days after receipt of the written grievance under this step. The president's decision shall be final.