Resolution of an Employee Grievance

Value Statement 

The Austin Community College District (“ACC” or “the College”) values collegial employee relations and harmonious working conditions as reflected in the College’s Core Values of Courage, Compassion, Joy, and Yes. ACC is committed to operationalizing these values through a fair, transparent, and equitable resolution process for all employee grievances.

Specifically, ACC’s grievance policy will support:

1. Open, honest, transparent, and respectful communication, collaboration, and teamwork in all of our operations.
2. Creation and maintenance of a sustainable, safe, and healthy environment for students and employees.

Administrative Rule 

This administrative rule (AR) provides a structured process for impartial and timely review and resolution of employee disputes and grievances, and ensures that the concerns are addressed fairly, without fear of retaliation.

1. Workplace concerns that relate to discrimination or harassment based on a protected class, including sex and gender-based discrimination, are addressed by the Office of Equal Opportunity Compliance pursuant to AR 4.0901.01: Employee Freedom from Discrimination, Harassment, and Retaliation, and AR 6.0100.01: Prohibition of Sexual Misconduct. Complaints concerning commissioned peace officers employed by the College should be filed in accordance with Board Policy CGFA and ACCDPD General Orders.
2. Any complaints or allegations that are specifically designated as falling under other College policies or rules will be reassigned by the Employee Relations Officer (ERO) and responded to through the appropriate policy or rule.
3. Employees are encouraged to resolve workplace concerns informally with relevant parties by addressing them directly and professionally. The Office of the Ombudsperson is a confidential, neutral, and informal resource that is available to assist or provide guidance.
4. Any employee who chooses not to seek an informal resolution, or is not satisfied with the results of an informal resolution, may file a “grievance.” A grievance is a formal request to resolve a workplace concern that does not involve an allegation of discrimination based on a protected class. The ERO will facilitate the resolution of grievances.
5. A grievance must be filed within 30 College business days of the decision or action giving rise to the grievance, or within 30 College business days of the most recent of a series of decisions or actions giving rise to the grievance. The 30 College business day timeline may be extended by up to 15 College business days for any attempted informal resolution, including mediation or working with the College Ombudsperson. At the discretion of the ERO, incidents that are outside of the grievance deadlines and are not related to a recent incident may be dismissed from the grievance process as untimely.
6. Mediation is a confidential process to resolve a grievance that may be suggested by the ERO or requested by the parties at any time during the grievance process and will be employed if agreed to by all relevant parties. If mediation is employed, the grievance process will temporarily halt for up to 15 College business days. If no resolution is reached through mediation, the grievance process will continue.
7. An employee may designate a representative through written notice to the College at any level of this process. If the employee designates an attorney as their 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, if desired, in order to include the College’s counsel. A Representative means any person designated by the employee to represent them in the grievance process.
8. Federal and state laws have prohibitions against retaliation in the employment and education environment. No employee will suffer retaliation or reprisal for raising a workplace concern, filing, pursuing, or participating in a grievance process at the College. (See AR 4.0901.01: Employee Freedom from Discrimination, Harassment, and Retaliation)

Responsibilities of Employee Relations Officer (ERO)

1. The ERO will manage and facilitate grievances as described in this AR and its related guideline/procedure (G/P).
2. The ERO is responsible for coordinating decisions and recommendations and may consult with relevant ACC offices in accordance with College policies and procedures.
3. All employees are required to cooperate with the grievance process and provide truthful information. Providing intentionally misleading or false information during a grievance process may subject the employee to disciplinary action, up to and including termination.
4. The ERO will provide hearing officers with training and support for the grievance process. The ERO will also provide training and consultation for all ACC employees considering the grievance process.  Grievances should be addressed by the lowest-level manager with authority to remedy the grievance, and who is not directly or indirectly involved in the grievance.  In no case will a person against whom a grievance is filed be designated as the hearing officer for that grievance. 

Committee Membership

Active members of the Grievance Appeals Committee and Grievance Review (GR) Council will be listed on the public-facing ACC Employee Grievance Process webpage under the section titled “Meet the Committee.” This listing will include member names, departments, term durations, and roles, and will be updated annually to ensure transparency.

To prevent any appearance of conflict of interest, the ERO shall not serve on the GR Council, ensuring that review roles do not involve oversight of their own decisions or processes.

Promoting Constructive Resolution and Process Integrity

The grievance process at ACC is designed to provide a fair and accessible pathway for addressing legitimate concerns and fostering constructive resolution. To uphold the integrity of this process and ensure it serves its intended purpose, grievances must be filed with a genuine intent to resolve issues and be based on factual evidence. Actions that deviate from this purpose, such as filing grievances without a serious basis, with the intent to harass, disrupt, or unduly burden others, or to achieve personal gain outside of a legitimate concern, undermine the spirit of our community and the effectiveness of the process.

The ERO will review all claims to confirm alignment with the intended purpose of the grievance process. When a grievance appears to deviate significantly from this purpose, or if there are indications of misuse that could negatively impact the well-being of individuals or the College community, the matter will be escalated to a dedicated committee comprised of the Level One hearing officer, the ERO, and the AVC (or a higher-level administrator if the AVC is directly involved in the grievance) to assess the situation and determine the most appropriate path forward, prioritizing constructive resolution and the integrity of the grievance process.

ACC is committed to fostering an environment of trust and open communication, where concerns can be raised and resolved constructively. However, to uphold the integrity of the grievance process and ensure a productive and respectful environment for all, repeated or egregious misuse may necessitate appropriate administrative action in accordance with established College policies to restore balance and accountability within our community.