EL PASO COMMUNITY COLLEGE PROCEDURE
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Effectiveness: (915) 831-2614
3.43.01.10
Discrimination Grievances
APPROVED: March 6, 1998 REVISED: April 10, 2015
Year of last review: 2015
AUTHORIZING BOARD POLICY: 3.43.01
Designated Contact: Associate Vice President of Employee Relations
OBJECTIVE:
To provide the timely review of discrimination complaints based on the statutorily protected characteristics
of race, color, national origin, religion, gender, age, disability, veteran status, or other prohibited
discrimination including sexual harassment, and, based on Board Policy, of sexual orientation and gender
identity, that are filed by an employee, an applicant for employment, a former employee if the charge(s)
relates to termination or non-reemployment, or a student if the charge(s) relates to an employee of the
District.
PROCEDURE:
I.
General Provisions
A.
The Employee Relations Department will advise employees, supervisors, applicants, and/or students in using
the Discrimination Grievances procedure by explaining policies and procedures, providing objectivity to the
process, assisting in preventing delays in the process, and resolving grievances between the parties, if
possible.
B.
The grievant may have the right to take legal action through agencies or parties outside the College. If the
grievant does file a complaint in another forum while the College is in the process of a formal grievance
procedure, the College will have no further obligation to continue its review under this procedure. The
College, however, may continue to investigate the complaint as it would in a situation involving threatened
or pending litigation.
C.
Any written complaint filed with the College will contain a precise statement of the complaint, including a
statement of the facts, an identification of the parties involved, and the specific remedy which the employee
is seeking. After a complaint has been written, no additional grievance issues may be added to the original
complaint. Any additional complaint issues must be addressed in another, separate grievance.
D.
The employee shall have the right to have a peer representative who does not claim the right to strike present
at any stage of the proceedings. Either party shall have the right to identify witnesses necessary for the
processing of the complaint.
E.
For purposes of this procedure the following definitions will apply:
F.
1.
The term “grievance” means an allegation that the grievant has been discriminated against on one or
more bases for discrimination, as described in the written complaint.
2.
The term “grievant” means an identified person who was, at the time the action giving rise to the
grievance arose, an employee, an applicant for employment, a former employee if the charge(s)
relates to termination or non-reemployment, or a student if the charge(s) relates to an employee of the
District.
3.
The term “respondent” means the College’s administrative unit, employee, or agent against whom a
grievance is filed.
4.
The number of “working days” indicated shall mean those days when the administrative offices of the
College are open.
Grievances will be handled with reasonable promptness in both the submission and the processing. If the
grievant fails to act within the time limits provided herein, the College will have no responsibility to process
the grievance and it shall be deemed withdrawn. The Employee Relations Department will monitor the
EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity.
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processing of the grievance. Time lines may be waived or otherwise established by mutual agreement of the
parties or for other justifiable reasons, for example, the complexity of the grievance issue(s). The
complainant will be informed if the time lines are extended or adjusted.
II.
G.
No discriminatory or retaliatory action shall be taken by the College or any employee against any employee,
applicant, former employee, or student by reason of his/her participation in the complaint process.
H.
Unless otherwise required by law, the College, the grievant, the respondent and any other parties who may
participate in the review of the complaint will maintain the confidentiality of the records and proceedings of
the discrimination complaint review and determination.
I.
The College reserves the right to administratively review a discrimination complaint, waiving the standard
complaint procedure or portions of the procedure, and to take immediate and appropriate corrective action, as
deemed appropriate and/or necessary.
J.
Grievances alleging sexual orientation and gender identity will be processed in the same manner as are
grievances alleging statutorily protected characteristics. If there is deemed to be merit to the claim, however,
an equitable remedy will be based on the individual’s status with the College (e.g., employment or student
status, or applicant status).
Process
A.
Consultation
Prior to the initiation of the grievance process, the individual may wish to discuss the issues involved in the
alleged discrimination or to discuss the process for addressing complaints of discrimination. The individual
may consult with the Associate Vice President, Employee Relations or other administrator in the College.
For information with regard to obtaining assistance, please contact the Employee Relations Department.
B.
Procedural Steps
1.
The grievance must be filed in writing on the Discrimination Grievance Initiation form provided by
the Employee Relations Department. The grievance should be submitted to the Employee Relations
Department within 25 working days of the date on which the grievant knew or should have known of
the action or condition which occasioned the grievance.
2.
The written grievance submission must specifically state the basis for the claim of discrimination, the
effect on the grievant, and the relief requested. Documentation, in the form of facts, circumstances,
and the names and addresses of witnesses having information pertinent to the grievance must also be a
part of the written grievance.
3.
A determination shall be made within five (5) working days of receipt of the written complaint as to
whether the complaint states a claim of discrimination or otherwise meets the procedural scope of this
procedure.
4.
a.
If accepted, the grievance will be numbered and a copy forwarded to the grievant.
b.
If the written complaint warrants immediate action, the grievance may be directly forwarded to
the appropriate Senior Administrative Supervisor or Reviewer for administrative review and
action; in such instances, the review process described below may be suspended or waived
completely in order to expedite the review process or to take immediate and appropriate
corrective action as deemed necessary.
c.
If the complaint is not accepted, the grievant may appeal this decision in writing within five (5)
working days to the Senior Administrative Supervisor in whose divisional area the complaint
arose.
The Associate Vice President, Employee Relations will then schedule a meeting within five (5)
working days of receipt of the grievance, to inform the respondent and his/her administrative
supervisors of the complaint and to provide a copy of the formal written grievance to the respondent
and to his/her administrative supervisors.
EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity.
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5.
The respondent will submit a written response to the grievance which addresses each allegation and
will include any pertinent information supporting his/her response. The respondent’s written response
will be submitted to the Associate Vice President, Employee Relations within 10 working days of
receipt of the grievant’s complaint materials.
6.
The Associate Vice President, Employee Relations shall forward a copy of the written complaint and
the respondent’s written response to a designated member of the College’s legal counsel, or other
appropriate reviewer, selected by legal counsel and the Associate Vice President, Employee Relations.
This designated individual will complete a review of the complaint and the response to the complaint
and issue a written report normally within ten (10) working days of receipt of the complaint materials.
Such things as the complexity of the grievance issues and the number of witnesses to be interviewed
are significant factors regarding this desired time line.
7.
Upon receipt of the grievance review report, the Associate Vice President, Employee Relations will
inform the parties of the decision of this review, including whether a claim of discrimination has been
stated by the grievant, and whether further action is merited.
8.
If the review concludes that the employee has been discriminated against as alleged, the matter will be
referred to the Senior Administrative Supervisor (or directly to the President) for a recommendation(s)
regarding appropriate corrective action.
9.
The decision of the Reviewer is the final regarding the merits of the grievance. There is no further
internal processing of a discrimination grievance.
10.
Procedural appeal: Within five (5) working days of the notification of the Reviewer’s decision, the
grievant may appeal the grievance action only on the basis that the discrimination grievance
procedures described herein were not properly observed or followed. The appeal must be filed in
writing with the Associate Vice President, Employee Relations, who will forward the appeal to the
President. The President will render a decision on the appeal within ten (10) working days of receipt
of the appeal. The Associate Vice President, Employee Relations will inform the parties of the
President’s decision.
EPCC does not discriminate on the basis of race, color, national origin, religion, gender, age, disability, veteran status, sexual orientation, or gender identity.
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