Grievances
Grievance Procedure
Employees who are actively employed by the College may avail themselves of the
grievance procedures if an issue concerns a person, situation, or policy that the employee
believes is adversely impacting her/his conditions of employment. A grievance is
understood to be a work-related problem, condition, or complaint not covered by the
College's harassment policy that an employee believes to be unfair, inequitable,
discriminatory, or a hindrance to his/her effective operation. Concerns regarding
harassment or other behaviors noted in the College's harassment policy, salary surveys,
wage and salary levels, position description re-evaluation, and job dates are not
appropriate for the grievance process.
If an employee believes that he/she is being subjected to harassment or other behavior
noted in the College's harassment policy, then he/she should seek relief under the
College's harassment policy by contacting a human relations adviser. A list of human
relations advisers may be obtained from the Human Resources Office or its web page.
The employee must have attempted the problem solving process prior to filing a
grievance. An important and impartial resource for employees is the omdusperson. The
ombudsperson may assist in determining whether the grievance is appropriate, and if so,
can help the employee work through a problem or write the grievance. Members of the
MCSC or Human Resources Office can be used as well.
Filing a Grievance
The formal grievance process begins with the creation of a written document detailing the
situation. Specifically, the grievance must provide the following information:
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the employee's name,
what he/she does,
what the grievance is,
how it relates to his/her employment,
how the problem could be resolved,
who the other parties are,
what policies are involved, and
what has been done to date to resolve the problem or concern
The grievance must be sent to the director of Human Resources. If the manager of
employee relations has been involved directly with the issue, the grievance may be sent
to the associate director of Human Resources for Employee Relations and Development.
Formation of the Grievance Review Committee
Upon receipt of the written grievance, the Human Resources director or associate director
creates a Grievance Review Committee (GRC). The three-member GRC consists of one
person from Human Resources, MCSC and an ombudsperson. The Human Resources
designee reviews the list of MCSC members and ombudspeople and makes appropriate
selections. The designee takes care to avoid direct supervisors, known personal
relationships or other conflicts of interest that could hinder an impartial decision. In cases
in which a person chosen for the GRC is unable to participate in a fair and impartial
manner, a replacement will be selected.
Timeframes
Generally, Human Resources will acknowledge the receipt of the grievance and the
formation of the GRC within one week of receiving the grievance. Within one week of its
formation, the GRC will meet with the employee. Due to vacation/holiday schedules and
illness, a specific timeframe for the process cannot be made. The GRC will complete its
charge as soon as possible.
GRC Initial Meeting
Once the members have been selected and confirmed, the GRC convenes its first meeting.
The focus of the initial meeting is to:
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select a chairperson to facilitate the meetings
choose a recorder to record the meetings
meet with the employee who filed the grievance and review the grievance with
her/him.
During the meeting with the employee who has filed the grievance, the GRC must
ascertain that the:
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grievance is not a simple misunderstanding that can be resolved immediately by
the GRC,
grievance contains the required information, and
GRC understands the grievance.
Following the Initial Meeting
Upon completion of the initial meeting of the GRC, there are a variety of possible
decisions that may be made. They include the following:
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the employee may withdraw the grievance;
the GRC and the employee may come to the realization that the grievance has
been resolved;
the grievance may be edited and refiled; or
the grievance may remain unchanged.
Continuing the Process
If the decision to continue the grievance is made, the GRC will:
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begin gathering facts pertaining to the grievance,
review College policies and procedures, and
meet with all parties pertinent to the grievance in an attempt to resolve the
situation.
Making the Determination
Once the GRC has reached a decision, it will meet with all major parties to the grievance
and share its findings and recommendations. The recommendations will be made to the
appropriate individuals within the College administration for implementation of its
findings.
Documentation
In order to make certain that documentation pertaining to the grievance process is created,
maintained and kept confidential, the following steps are taken:
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The GRC maintains written meeting summaries.
All meeting participants sign every summary.
Information is shared with individuals external to the meetings only upon
unanimous agreement of the participants.
A copy of all work done by the GRC will be placed in an envelope and stored in a
separate file (i.e., not the employee's personnel file) in the Human Resources
Office as a confidential item.
Filing a Similar Grievance
Upon filing a grievance concerning an issue, another grievance on the same issue cannot
be filed. For example, if an employee files a grievance regarding a particular section of
her/his annual performance review, a grievance pertaining to a different section of the
same review cannot be filed at a later date.
When the Recommendation is not Satisfactory
There are times when a staff employee has followed the informal and formal procedures
may believe that satisfactory resolution was not attained. Middlebury College established
the staff appeals procedures to provide a fair and impartial process of which staff
employees under certain conditions may avail themselves to appeal grievance decisions.
The conditions under which an employee may file a grievance appeal are:
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new evidence,
prejudice in the original GRC's actions, and/or
failure by the GRC to follow the grievance procedures.
Grievance Appeals
In order to initiate the grievance appeals process, the staff employee must submit a
written request to the president of the College within ten working days following
notification of the decision. Contained within the written request must be reasons for the
appeal.
Within five working days of receipt of the request, the president or her/his designee
forwards the appeal with his request that a board be convened, to the vice president of the
MCSC and a vice president who is not an administrator of any of the parties. Together,
they convene the 5-member Staff Appeals Board (SAB) to hear the appeal. The Staff
Appeals Board is selected from the 15-member Staff Appeals Panel.
The Staff Appeals Panel
The Staff Appeals Panel consists of 15 staff members. Through a process managed by the
MCSC Election Committee, the staff employees elect 8 members. The remaining 7
members are appointed by the president of the College after soliciting recommendations
from the MCSC, Human Relations Committee, Human Resources office, ombudspersons
as well as other staff groups and staff members. Current members of the MCSC are
ineligible for election or appointment to the Staff Appeals Panel.
The term of service on the Staff Appeals Panel is three years following the initial
election/appointment of panel members, who have staggered terms of one, two, or three
years' duration. Initial panel members' length of service is determined by lot: five panel
members to serve one year, five to serve two years, and five to serve three years.
Vacancies are filled annually by appointment or election, as appropriate.
Staff Appeals Panel members are provided release time from other duties to participate in
relevant training as well as to serve as an active member of the Staff Appeals Panel. All
members of the MCSC and Staff Appeals Panel receive training in the first year of
service to enable everyone to understand fully the objectives, scope, responsibility of the
Staff Appeals Board, and the principles of conflict resolution.
The Human Resources Office, in consultation with the Educational Coordinator of the
Sexual Harassment Prevention Program and the MCSC, develops and facilitates the
training program.
Composition of the Staff Appeals Board
In order to assure the creation of a well-balanced, impartial board, the 5-member Staff
Appeals Board is composed of:
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One administrator of Middlebury College, appointed by the president of the
College or his/her designee from among the following: executive vice president
and provost, executive vice president, vice president for Administration and
Treasurer, vice president for College Advancement, dean of Languages and
International Studies, dean of faculty, dean of Student Affairs, dean of Enrollment
Planning, or any other person of vice presidential rank,
One staff council representative, appointed by the Middlebury College Staff
Council; and
Three remaining members of the SAB selected from the Staff Appeals Panel by
the MCSC vice president or designee and the appointed administrator.
Formation of the Staff Appeals Board
The appointed administrator or designee works with the MCSC vice president to choose
an SAB from the members of the Staff Appeals Panel.
To ensure impartiality and fairness, no one is eligible to serve on the SAB who heard the
original case, has a conflict of interest, or is the senior administrator of any of the parties
involved. Conflict of interest includes employment in the same department as, or family
relationship with, any person involved as a principal in the case, or other
relationship/circumstance that might render the process unfair to any parties involved.
The names of the SAB members are conveyed in writing by the president or designee to
the two parties within 5 working days of initiating the appeals process. The president or
designee convenes the SAB no later than ten working days after initiation of the appeals
process.
Upon selection to the Staff Appeals Board, if a designee is unable to participate in the
hearing in a fair and impartial manner for any reason, he/she will be disqualified and
another person selected. Attendance at all meetings is required.
The Initial Meeting of the SAB
Within ten days of the initial of the appeals process, the SAB convenes its first meeting.
The focus of the initial meeting is to:
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choose a chairperson to facilitate the meetings
choose a recorder to record the meetings
review the written request for an appeal
determine whether the appeal has merit.
set timelines for the appeal
The Grievance Appeal Process
The Staff Appeals Board holds individual and collective responsibility for deliberating in
a manner that demonstrates sensitivity to the matters brought forth and respect for those
involved in the process. To that end, all proceedings of the SAB are kept confidential.
The SAB provides all sides involved the opportunity to present their views as well as
cross-examine each other. The appellant and appellee may testify on their own behalf
before the SAB. The SAB may make the request of both or either party. While no legal
counsel is allowed at a hearing, the appellant and appellee each may bring one support
person from the College community to the proceedings.
In cases in which a person who is not called to meet with the SAB wishes to do so, the
SAB will vote on whether the meeting may occur. A majority of SAB members are
required to allow the person to present information.
In cases in which additional information is brought forth once the SAB has finished its
interviews and begun deliberations, a majority of SAB members need to agree to reopen
the hearings.
The members of the board consider carefully the information presented, and deliberate on
the matter before as a board reaching a conclusion. The conclusion is reached by majority
vote.
Resources
In its review, the SAB can consult the Human Resources office and under the Employee
and Family Assistance Program, the SAB may interview the appellant and other
Middlebury College employees involved in the grievance.
Appeals the SAB Determine to be not Valid
If the SAB determines that the grounds for the appeal are not valid, the appeal process
ends.
In Cases Involving New Evidence
Upon review of the case, if the SAB determines that the grounds for the appeal are valid
based upon new evidence presented, the SAB will refer the case back to the original GRC.
The new information will be provided with a request that the committee reviews the
request. If the appellant believes that she/he cannot receive a fair review of the new
evidence from the original GRC, the SAB can request the formation of a new GRC or
function in that capacity itself.
Documentation
In order to make certain that documentation pertaining to the appeal process is created,
maintained and kept confidential, the following steps are taken:
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The SAB maintains written meeting summaries.
All meeting participants sign every summary.
Information is shared with individuals external to the meetings only upon
unanimous agreement of the SAB.
A copy of all work done by the SAB will be placed in an envelope and stored in a
separate file (i.e., not the employee's personnel file) in the Human Resources
Office as a confidential item.
Conclusions
Upon reaching a conclusion, the board forwards its findings and recommendations to the
president. Once the grievance has been through the appeals process, it cannot be appealed
further.