Resolution of an Employee Grievance (G/P)

Purpose

ACC’s employee grievance process provides a structured process for impartial and timely review and resolution of employee disputes and grievances, and ensures that concerns are addressed fairly, without fear of retaliation. The process ensures:

clear and timely communication and notification of affected parties throughout the process
issues brought forth by employees are addressed at the appropriate organizational level
relevant expertise is sought and the input of those impacted by decisions is thoughtfully considered
accountability is explicit at all levels and in all phases of the grievance process

ACC’s process allows grievances to be addressed in a fair, transparent, equitable, and timely manner. The Employee Relations Officer (ERO) provides oversight for the grievance process. Grievances are managed in conjunction with designated hearing officers, or other designated employees who will hear and respond to the initial grievance or subsequent appeal(s). The grievance process is not a legal proceeding, but rather an internal College administrative process designed to facilitate effective resolution of workplace concerns that do not rise to the level of unlawful prohibited conduct.

Guidelines

I. General Provisions for the Employee Grievance Processes

Informal Resolution: Employees are encouraged to attempt to resolve workplace concerns informally before filing a grievance. Concerns should be expressed through open dialogue as soon as possible to allow early resolution at the lowest possible administrative level. Issues should be addressed directly and professionally with all relevant parties. The deadline for filing a grievance may be extended for up to 15 College business days to allow time to seek an informal resolution for concerns, with mutual written consent of the Grievant and the ERO.
Representatives: Employees may request a representative, ordinarily a colleague, to accompany them during informal discussions, provided their presence supports constructive resolution and does not interfere with the informal nature of the process. Legal representatives or external advocates are not permitted in informal discussions in order to maintain a non-adversarial approach.
Office of the Ombudsperson: Employees are encouraged to consult the Office of the Ombudsperson for additional information on informal resolution. If a grievance is ultimately filed, the ERO will inquire if an informal resolution has been attempted and the outcomes of the informal attempt at resolution.
Formal Resolution of a Grievance: Any ACC employee (hereafter referred to as “the Grievant”) may choose to initiate a grievance as articulated under this administrative rule.
Submitting a Grievance: An employee who wishes to request the formal resolution of a workplace concern should submit a grievance on the form provided by the College.
Submit grievances to:
ACC Employee Relations Officer
[email protected]
Report an Incident
The grievance must include the date (or range) of the decision or action giving rise to the concern being grieved, the parties involved, the nature of the workplace concern, any attempts and outcomes of informal resolution, and the remedy or resolution requested by the Grievant.
A grievance must include details concerning the conduct that gave rise to the grievance, the name of the person against whom the grievance is made, if applicable (hereafter referred to as “the Respondent”), and the names of any potential witnesses.
Employees are encouraged to include as much documentation as possible with the initial grievance filing. If the employee does not have copies of all documents at the time the grievance is filed, they may be presented at the Level One conference that occurs at the first level of the process. After the Level One conference, no new documents may be submitted by the employee unless the documents were not available at the time of the Level One conference, the employee did not know the documents existed before the conference, or for other good cause as determined by the ERO.
Time Limits and Deadlines
1. A grievance must be filed within 30 College business days of the date the employee first knew of the decision or action giving rise to the grievance, or from the most recent occurrence in a series of incidents. The 30 College business day timeline may be extended by up to 15 College business days to allow pursuit of an informal resolution, including mediation or working with the College Ombudsperson.
2. The College will resolve workplace concerns within 90 College business days unless unusual circumstances prevent such resolution. In unusual cases, the College will notify all parties in writing of the delay.
3. The ERO can make decisions regarding timeline flexibility within the process in extenuating circumstances. All parties will be informed if the timeline is modified. Within the limits of confidentiality within the process, the extenuating circumstances requiring modification of the timeline will be explained to all parties.
4. If a hearing officer fails to provide a response to the grievance within the stated timelines and without an extension granted by the ERO, the hearing officer’s immediate manager will be notified of the hearing officer’s failure to adhere to the stated timelines. The grievance will be heard within 10 College business days by the hearing officer’s immediate manager, who will be designated as the hearing officer.
5. All conferences and appeals committee hearings will be subject to reasonable timelines, ordinarily one hour.
Participation
1. Participants are required to cooperate with the grievance process in a respectful and timely manner, provide truthful information, and not engage in any disruptive conduct during any proceeding. Providing misleading or intentionally false information during a grievance process will subject an employee to disciplinary action up to and including termination.
2. Participants are expected to be fair and impartial throughout the grievance process. Any individual involved in reviewing or deciding on a grievance must recuse themselves if they have a conflict of interest or bias that could affect their objectivity. Employees may request the recusal of a decision-maker if they believe impartiality may be compromised. In such cases, the relevant Vice Chancellor will determine whether an alternative reviewer will be appointed to maintain the integrity of the process.
3. An employee involved in a grievance may designate a representative by notifying the ERO within three College business days prior to a conference. If the employee designates an attorney as representative with fewer than three days’ notice to the College before a scheduled conference or hearing, the College may reschedule the conference or hearing to a later date in order to include the College’s legal counsel.
Consolidation of Grievances
When practical, grievances arising from related events, or that are sufficiently similar in nature, should be addressed in one grievance. Employees are discouraged from filing multiple grievances that could have been addressed in a single grievance.
Costs Incurred
Each party shall pay its own costs incurred in the course of the grievance process.
Role of the Hearing Officer (Levels One and Two)
1. Review the Information Provided:
  The hearing officer will review the grievance submission, supplemental documentation, and relevant College policies.
2. Schedule and Conduct a Conference with the Grievant:
  The hearing officer will schedule and conduct a conference with the Grievant. The conference can be in-person or virtual and subject to reasonable time limits, ordinarily up to one hour.
3. Schedule and Conduct the Conference with the Respondent:
  When a grievance is filed against a specific person, the hearing officer will notify the Respondent that they are the subject of a grievance, disclose, within the limits of confidentiality, the substantive allegations in the grievance, and schedule and conduct a conference with the Respondent. The conference can be in-person or virtual and subject to reasonable time limits, ordinarily up to one hour.
4. Gather Evidence:
  When appropriate, statements from additional parties and relevant documentation will be collected and reviewed to establish facts.
5. Respond to the Relief Requested:
  The hearing officer will make a determination and provide a written recommendation for resolution of the grievance, including substantive reasons for the decision, and a recommendation(s) on the Grievant’s relief requested to the ERO. The ERO will forward the hearing officer’s resolution to the Grievant and the Respondent.
6. Update the Grievance Record:
  The hearing officer will ensure the ERO has additional documentation collected from the conference or obtained to respond to the relief requested.
Grievance Record
1. The ERO will keep and maintain a record of each case and resolution per ACC policy and procedures. The grievance record will include the employee’s grievance, any documents submitted with the grievance or at the Level One conference, any documents reviewed by the hearing officer, and the decision issued.
2. All cases will be tracked through the Office of Equal Opportunity Compliance’s document management system. All records are subject to the Texas Public Information Act and other pertinent state and federal laws.
3. Recording by video or audio is not a part of the process. While not required by state statute, individuals who wish to record are asked to inform the College in advance.

II. Grievance Procedures

Step 1: Upon receiving a grievance, the ERO will review the grievance to determine if it is timely and contains the necessary information. If the grievance documentation is not complete, the ERO will notify the Grievant and allow the Grievant an opportunity to submit the missing documentation or refile the grievance within the designated timeline for filing.

Step 2: Level One: Grievance Conference: Within 10 College business days of receipt of the grievance, the hearing officer will be assigned and a conference will be subsequently scheduled in a timely manner. The hearing officer is ordinarily the lowest-level manager who has the authority to remedy the workplace concern and who is not directly or indirectly involved in the grievance.

If the Grievant’s manager is the subject of the grievance, the employee’s grievance will be referred to the next-level manager, who will serve as the hearing officer.
If the grievance is against a co-worker in the same department/office, the lowest-level manager of both parties will serve as the hearing officer.
If the grievance is against an employee outside of the department, the grievance will be heard by the appropriate manager, as determined by the ERO.
If an informal resolution was attempted with the direct manager, the employee’s grievance will be referred to the next-level manager, who will serve as the hearing officer.
If the Grievant is a Full-time Faculty Member, the initial hearing officer will be an Instructional Associate Vice Chancellor appointed by the Vice Chancellor of Instruction and approved by the Chancellor. As noted in Section III. Appeals, Part D of this Guideline, recommendations of a Grievance Appeals Committee are strictly advisory to the Chancellor, who has exclusive decision-making authority to uphold, reverse, or remand the Level Two decision.

Step 3: Grievance Outcome: In reaching a decision, the hearing officer will review the information provided by the employee and any other relevant documents or evidence that the hearing officer believes will help resolve the grievance.

Step 4: Notification of Outcome to Parties: The ERO will notify the Grievant and, where relevant, the Respondent, as to the outcome of a grievance within 10 College business days of the conference held by the Grievant and the manager. This notification will be sent in writing to the employee’s ACC-issued email address and will summarize the grievance, identify any relevant documents reviewed, and set forth the basis of the decision.

Step 5: Closure: The ERO may follow up with the parties to determine whether the implemented resolution was effective in addressing the concern and, if it was not, to provide support and resources to seek to make it effective.

If the hearing officer at any level in the grievance process becomes aware of issues reasonably thought to be of concern to the College, they should share the information with the appropriate College personnel.

III. Appeals

If an employee is not satisfied with the outcome of a grievance as provided by the Level One hearing officer, the employee may file a written appeal of that grievance decision with the ERO within 15 College business days from the date of the email informing the parties of the outcome of the grievance.

Level Two: Appeal to the Vice Chancellor

Within 10 College business days of receipt of the appeal, a conference will be scheduled with the appropriate Vice Chancellor or their designee, who will act as the Level Two hearing officer. Reasonable time limits may be set for the conference. In reaching a decision, the hearing officer will consider the information from the Level One record and the Grievant’s statements during the conference. No new documentation may be submitted unless the new information was not known by the employee, or was not available to the employee at the Level One conference, or for other good cause shown. Additionally, the relief requested may not be changed after the Level One conference.
The ERO will notify all parties as to the outcome of the appeal within 10 College business days of the conference held by the Grievant and the Level Two hearing officer. This notification will be sent in writing to the employee’s ACC-issued email address and set forth the basis of the decision.

Level Three: Appeal to the Grievance Appeals Committee

If an employee is appealing a termination or is not satisfied with the outcome of the Level Two Appeal, the employee may file a written appeal of the Level Two grievance decision with the ERO within 10 College business days from the date of the email informing the parties of the outcome of the appeal. Such appeals will be addressed by the Grievance Appeals Committee.

IV. The Grievance Appeals Committee

The standing pool of Grievance Appeals Committee members will consist of:

four representatives from each of the four employee associations, appointed by the associations,
four administrators appointed by the Chancellor, and
ten volunteer employee representatives selected by the ERO on the recommendation of Association Leadership.

Appointed Representatives of the standing pool will serve a term of two academic years.

Volunteer Representatives will serve for one academic year and, to ensure long-term diversity, may not serve consecutive terms.

Volunteer Representative Selection Process:
1. A call for volunteers will be published through official ACC employee communications, including an all-employee email, outlining the opportunity to serve on the Grievance Appeals Committee.
2. The selection process for volunteer representatives will be transparent and will include the following:
  1. The names of all final appointees will be published alongside their respective departments/units and term lengths.
  2. The ERO will oversee the selection process to ensure fairness and representation across the college community.
Training
1. The training and direction of the Grievance Appeals Committee shall be provided by the ERO by September 30 of each calendar year. The specifics of this training are outlined in this guideline/procedure and will be updated each time substantive changes are made to the training.
2. To ensure that all committee members are well-equipped to handle grievances in a fair and effective manner, aligning with the responsibilities outlined for the ERO, at a minimum, the training content will include:
  1. Procedural Fairness: The principle that decision-making processes must be fair and transparent, allowing all parties to present their case impartially and consistently.
  2. Confidentiality: The obligation to protect the privacy of individuals in the grievance process by keeping sensitive information private and sharing it only with those who need to know.
  3. Role Clarity: Clearly defining the responsibilities and expectations of all participants in the grievance process to prevent misunderstandings and ensure efficiency.
  4. Grievance Resolution Strategies: Methods used to address grievances effectively, including mediation, negotiation, and formal investigations, aimed at reaching a resolution.
Appeals Committee General Guidelines
1. For each request for an appeal, a committee of four will be called to serve from the committee pool of representatives eligible to serve. The Grievant and an Administrator designated by the Chancellor will each select two individuals from the pool. (If a termination appeal, the Grievant and the Grievant’s former manager will each select two individuals from the pool to serve.)
2. In instances where a grievant feels that a specific volunteer representative may demonstrate bias in their particular case, the Grievant may submit a written request for the removal of that individual. This request should be directed to the ERO, who will review the circumstances and determine the appropriate course of action to ensure an impartial appeal process. Individuals who are determined to have a potential conflict of interest will not be called to serve.
3. The purpose of the Grievance Appeals Committee is to review the decision made by the Level Two hearing officer (or former manager, if a termination appeal) and to make a recommendation to the Chancellor to either uphold, reverse, or remand the decision, in addition to any other recommendations that may be appropriate for the Chancellor’s review.
4. The Grievance Appeals Committee will review all documentation submitted in the grievance record and hear separate presentations from the Grievant, the Level Two hearing officer, and where relevant, the Respondent. Such presentations may have reasonable time limits applied.
5. No new documentation may be submitted to the committee unless the new information was not known by the employee, or was not available at the time of the Level Two conference, or for other good cause shown.
6. The ERO will notify all parties as to the outcome of the appeal within 15 College business days of the hearing held by the Grievance Appeals Committee. This notification will be sent in writing to the employee’s ACC-issued email address, or by alternative means when the Grievant does not have access to an ACC issued email address, and include the committee’s recommendation and the final decision of the Chancellor.

V. Privacy

The College will protect the individuals’ privacy in a grievance to the extent that it is practical and allowed by law and College policy. However, there may be times when disclosure of information is required. In all cases, efforts will be made to protect the privacy of individuals.

Members of the Grievance Appeals Committee will not be required to sign a non-disclosure agreement (NDA) that restricts their ability to communicate about appeal proceedings. Instead, they may communicate with relevant parties to review the process and identify opportunities for improvement.

Confidentiality will be maintained without prohibiting de-identified reviews or communication with internal review bodies. All individuals involved in the grievance process must adhere to the professional communication standards outlined in AR 4.0800.01: Ethics, and AR 4.0901.01: Employee Freedom from Discrimination, Harassment, and Retaliation.

VI. Grievance Review Council

The Grievance Review Council is comprised of two representatives from each of the four employee associations appointed by the Association Presidents, and two administrators appointed by the ERO. Members will serve staggered two-year terms.

Once a year, ordinarily by December 1^st of the following academic year, the Council will complete a report concerning the state of the grievance process at the College, trends of resolution and outcomes, and recommendations for improvement. This report will be sent to the Chancellor and the Board of Trustees, and published on the Equal Opportunity Compliance website as part of the office’s annual report. The report will include a review of and recommendations concerning the following areas:

compliance with Administrative Rule 4.0702.01: Resolution of an Employee Grievance
grievance training data, including outcomes
grievances indicating systemic issues
grievance processes
Grievance Review Council composition and activities
continuous improvement plan

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