HR: 4010a, p.1
HRD: 1119, p.1
New Policy: Effective 4/1/08 ----Administrative Grievance Process
Scope: This policy applies to all non-faculty employees in regularly benefited positions; except
those serving a probationary period. An employee who is in a regularly benefited position that is
part faculty and part non-faculty may elect whether to utilize either this policy or the faculty
grievance policy by filing a grievance under the selected policy. Once such a choice is made by
filing the grievance, it may not be rescinded or altered.
Definition: A grievance is an employee complaint about a work-related decision or action that
directly affects the employee’s terms or conditions of employment (such as employment status,
or working conditions) and that was made by someone in the employee’s upward supervisory
chain.
Policy: The College of Southern Maryland seeks to promote a harmonious working
environment by encouraging cooperative, collegial and respectful relationships between and
among employees and their supervisors. The college also recognizes that legitimate problems
and differences of opinions may arise in the employer-employee relationship. For these
instances, the college provides a process to ensure that complaints are resolved in a prompt, fair
and consistent manner.
The college encourages informal resolution of employee complaints. Where informal discussions
between the employee and his/her immediate supervisor do not resolve the issue, the employee
may file a grievance using the formal grievance process set forth in this policy.
Grievances must be filed in writing with the Executive Director of Human Resources or that
person’s designee within twenty (20) calendar days of the initial event giving rise to the
grievance. The date of the event is the date of the communication giving rise to the employee’s
complaint and not the effective date of that issue. (Example: If a person is told on February 1 that
s/he is being terminated and that the last day of employment is February 15, the “event” in this
case is the conversation that s/he is being terminated. Accordingly, the 20 days expire on
February 21, which is 20 days after the employee was initially informed of the termination.)
No decision may be made at any step of the grievance process which conflicts with or violates
applicable laws or regulations or written policies adopted by the President’s Council or Board of
Trustees.
College employees are prohibited from retaliating against any person filing any grievance made
in good faith.
The grievance may be withdrawn by the employee with a written request at any stage of the
process.
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HR: 4010a, p.2
HRD: 1119, p.2
Another current college employee may accompany the employee filing the grievance at any
stage of this process provided that the other college employee is not acting as a spokesperson or
legal counsel for the employee and does not speak during any hearings.
Whenever a deadline falls on a weekend or a day on which the college is closed, the deadline is
automatically extended to the next weekday on which the college is open. Extensions of time
under steps 3, 4 and 5 of the procedures may be granted by the Executive Director of Human
Resources only for documented medical emergencies.
If a grievance is filed by an employee of the Human Resources Department, the Executive
Director of Diversity and Equal Opportunity shall be substituted for the Executive Director of
Human Resources throughout this policy. If a grievance is filed by an employee of the Office of
the President, the Vice President and General Counsel shall be substituted for the President
throughout this policy.
Exclusions
The following issues are either not grievable or, if noted parenthetically, are considered under a
separate process from this policy:
1) General levels of wages and wage patterns, including rates of increases assigned to
appraisal ratings,
2) Fringe benefits,
3) Performance appraisal rating (considered under HR 4120, Performance Appraisal and
Counseling),
4) Position grade (considered under HR 4090, Job Evaluation program) and title,
5) Exempt/non-exempt status under state and federal laws,
6) Matters primarily affecting another employee or employees,
7) The desirability of a college policy,
8) Standards of service,
9) Allegations of harassment or discrimination on the basis of gender, sexual orientation,
race, age, color, religion, disability, marital status, or national origin and allegations of
retaliation for raising such issues (considered under HR 4130, Protection from
Discrimination, Sexual and Other Harassment and Retaliation), and
10) Conclusions regarding employment background checks (considered under HR 4061,
Employment Background Checks).
Procedure:
1) DISCUSSION BETWEEN EMPLOYEE AND APPROPRIATE SUPERVISOR
The initial step in resolving an employee concern should be to seek an informal resolution
through discussion with his/her supervisor or, if the decision was made by a different person in
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HR: 4010a, p.3
HRD: 1119, p.3
the upward supervisory chain, with that supervisor. Both the employee and the supervisor are
encouraged to enter into the discussion with open minds and at a time and place that are
appropriate for the discussion. To avoid heated discussions, persons are encouraged to hold the
discussion on a different day from the incident giving rise to the concern and at a different area.
If the complaint is not resolved to the employee’s satisfaction, the employee may file a
grievance. The time it takes to schedule and hold the discussion between the employee and
supervisor does NOT extend the twenty day deadline for filing a grievance.
2) GRIEVANCE
Grievances must be timely filed in writing with the Executive Director of Human Resources or
designee. Grievances are filed on the form available from the Human Resources Department.
Decisions on whether a matter was timely filed and is grievable are made by the Executive
Director of Human Resources and are neither grievable nor appealable.
The Executive Director of Human Resources will appoint a mediator within seven (7) college
business days of the filing of the grievance.
i. MEDIATION
Mediation, according to the National Alternative Dispute Resolution Council (of Australia) “is a
process in which the parties to a dispute, with the assistance of a neutral third party (the
mediator), identify the disputed issues, develop options, consider alternatives and endeavor to
reach an agreement. The mediator has no advisory or determinative role in regard to the content
of the dispute or the outcome of the resolution, but may advise on or determine the process of
mediation whereby resolution is attempted.”
The mediator will contact both the employee and the supervisor and schedule a mediation to
occur within twenty (20) calendar days of the date on which the mediator was appointed. The
mediator may request written statements or summaries from persons, and may contact other
persons for information. Information received by the mediator shall be treated confidentially and
shared only on a “need to know” basis. Statements or summaries prepared especially for the
mediation and any notes taken by the mediator will not be considered in subsequent stages of a
grievance.
If the mediation does not result in a resolution acceptable to both the employee and the
supervisor, and if both such persons agree, the mediator may schedule subsequent mediations up
to but not exceeding 60 calendar days of the date on which the mediator was appointed.
If one or both persons fail to appear for a scheduled mediation session, the mediator may (but is
not required to) reschedule it once provided the new date is within twenty (20) calendar days of
the initial date.
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HR: 4010a, p.4
HRD: 1119, p.4
If the mediation results in a resolution acceptable to both the employee and the supervisor, it
shall be set forth in writing, signed by both persons and sent to the Executive Director of Human
Resources, concluding the grievance.
If the conclusion of the mediation process does not result in a resolution acceptable to both the
employee and the supervisor, the mediator shall notify the Executive Director of Human
Resources of such in writing within 48 hours but shall offer no conclusions or opinions regarding
whether the complaint has merit.
ii. HEARING
The Executive Director of Human Resources will appoint a Hearing Examiner within seven (7)
college business days of receiving notification that mediation was not successful. The Hearing
Examiner will contact both the employee and the supervisor and schedule a hearing to occur
within twenty (20) calendar days of the date on which the hearing examiner was appointed. The
Hearing Examiner shall conduct the hearing according to written procedures set forth below.
The Hearing Examiner shall uphold decisions made by supervisors that are reasonable
(regardless of whether the hearing examiner would have made the same decision had he or she
been the supervisor), not arbitrary, and that are not in violation of published college policies, or
local, state or federal law. The Hearing Examiner will send written findings of fact with the final
decision to the employee, supervisor and the Executive Director of Human Resources within
fifteen (15) calendar days of the hearing date. All hearings will be recorded by either audio or
audio and video means. The final decision will be implemented if the time for an appeal has
passed and no appeal has been filed.
HEARING PROCEDURES
These procedures shall apply to all hearings conducted under this policy.
1)
2)
3)
Hearings shall not be open generally to the public or to the college community. No
recordings (audio or video) shall be made other than the official recording authorized
by this policy and the Hearing Examiner. No transmission of audio or video shall be
made except at the direction of the Hearing Examiner for the express purpose of
conducting the hearing. Copies of recordings shall not be provided to participants.
On request, persons filing a grievance and the supervisor(s) of which the grievance
complains will be permitted to review the official grievance file and all documents
provided to the Hearing Examiner. Persons are reminded that this information may
include information protected from further disclosure by federal or state law.
Statements or summaries prepared especially for mediation and any notes taken by
the mediator will not be made available under this provision.
Documentation may be submitted to the Hearing Examiner in advance of the hearing.
The Hearing Examiner, at his or her sole discretion, may disregard documentation
provided less than 3 college business days prior to the hearing.
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HR: 4010a, p.5
HRD: 1119, p.5
4)
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The Hearing Examiner is not required to follow rules of evidence and procedure
applicable to judicial proceedings. The Hearing Examiner may, at his/her sole
discretion, preclude the presentation of duplicate, irrelevant or unnecessary
information or documents and may disallow or limit the number and testimony of
witnesses. The decision of the Hearing Examiner on the admissibility of information
and documents and on procedural matters is final.
The Hearing Examiner shall control the hearing. Any person who disrupts a hearing
or who does not adhere to rulings of the Hearing Examiner may be excluded from the
proceeding.
Questioning of witnesses is the sole prerogative of the Hearing Examiner. The
Hearing Examiner may, but is not required to, entertain suggested questions from any
person at the hearing.
The Hearing Examiner may proceed to independently secure the presentation of
information or documents for the hearing.
Supervisors will permit and, as necessary, require employees requested by the
Hearing Examiner to appear at the scheduled hearing.
Hearings will be held as scheduled even if the person filing the grievance, or other
persons, does not attend the scheduled hearing. Decisions shall be based on the
information and documentation presented and not solely on the failure of a person to
attend the hearing.
Ordinarily, hearings shall commence with an introduction by the Hearing Examiner,
followed by a statement by the person filing the grievance and a statement by the
supervisor against whom the grievance is filed. The Hearing Examiner shall then
question witnesses. Generally, the person filing the grievance and the supervisor
against whom the grievance is filed will be given the opportunity to each make a
single concluding statement.
3) APPEAL
If the final decision of the hearing examiner is unsatisfactory to the employee, the employee may
request an appeal. An appeal must be submitted in writing to both the Executive Director of
Human Resources and the President within ten (10) college business days of the date on which
the final decision was issued by the hearing examiner. The employee’s notice of appeal shall
state the nature of the issues being appealed with sufficient specificity for a reasonable person to
understand that those are the issues being challenged and indicate why the decision is
unsatisfactory.
The Executive Director of Human Resources shall forward the request for an appeal to the
President. The President may either consider the appeal or appoint a designee (an Appellate
Officer) to consider the appeal and shall inform the Executive Director of Human Resources of
the selection made. The person considering the appeal shall consider only the notice of appeal,
the recording of the hearing, any documents or tangible items presented at the hearing, and the
hearing examiner’s written notes (if any), findings and final decision.
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HR: 4010a, p.6f.
HRD: 1119, p.6f.
Based on the review, the person considering the appeal will uphold the decision of the Hearing
Examiner if s/he concludes that a) there was substantial compliance with applicable procedures
under this policy and the hearing procedures and b) there was sufficient information for the
Hearing Examiner to make the findings of fact and final decision on a reasonable and wellreasoned basis. If the person considering the appeal can not reach such a conclusion, then s/he
may either issue alternate findings of fact and a final decision (which shall be final and nonappealable) or refer the matter back to the Executive Director of Human Resources to appoint a
new Hearing Examiner to conduct a new hearing (which shall be appealable).
A decision on the appeal must be issued in writing within 20 calendar days of the notice of
appeal and sent to the employee, the supervisor, the President and the Executive Director of
Human Resources. The final decision will be implemented within seven calendar days or as
soon thereafter as practicable.
QUALIFICATIONS AND TRAINING OF MEDIATORS, HEARING EXAMINERS AND
APPELLATE OFFICERS
Mediators, Hearing Examiners and Appellate Officers shall not receive additional wages or
compensation for those duties, except as may be required by the Fair Labor Standards Act. The
Human Resources Department shall maintain a list of college employees who are qualified as
Mediators, Hearing Examiners and Appellate Officers. Training will be offered periodically by
the Human Resources Department, General Counsel Office or both.
1) MEDIATORS - A Mediator will be a college employee or specially retained outside
mediator who a) has previous experience or training in conducting mediation, and b)
is not employed in the same division as the employee and supervisor.
2) HEARING EXAMINERS - A Hearing Examiner will be a college employee or
specially retained outside examiner who a) if an employee, is at a director level or
above, b) has previous experience or training in conducting investigations and
hearings, c) is not employed in the same division as the employee and supervisor, and
d) is not the mediator.
3) APPELLATE OFFICERS - An Appellate Officer must be a college employee or
specially retained outside individual who a) if an employee, is at an executive level,
b) has previous experience or training in conducting investigations and hearings and
considering appeals, c) is not employed in the same division as the employee and
supervisor, and d) is not the mediator or hearing examiner.
For more information, contact: Executive Director of Human Resources, ext. 7724
Rev. 04/01; 05/01; 12/01; 12/07
HRD:10/90
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