Asheville-Buncombe Technical Community College (A-B Tech) Policy Manual

Policy 509.03: Grievance and Reporting

It is the policy of the Board of Trustees of A-B Tech to provide a means of addressing workplace conflicts or concerns, express grievances, and/or report violations of College policy or applicable legal requirements.

It is the intention of the College to provide both informal and formal processes for reporting and resolving workplace-related concerns. This policy and corresponding procedures should also be used to report and resolve workplace discrimination, harassment, and retaliation complaints.

This policy and corresponding procedures provide for the prompt and considerate review of workplace-related issues, with the following exception: it does not apply to demotions, contract non-renewals, layoff, or dismissals/terminations, which are covered under the College’s Employee Due Process Policy and Procedure, 509.02.

Anonymous complaints against College employees, including the President, are not covered by this or any other College policy and will be handled on a case-by-case basis depending on whether or not the complaint involves substantial issues that can be investigated. Anonymous complaints against employees other than the President will be handled at the discretion of the President. Anonymous complaints against the President will be informally addressed with the President by the Chair and Vice Chair, with counsel from the College Attorney, if needed. The Chair and Vice Chair may elect to refer the matter to the full Board of Trustees for formal review and/or action as deemed appropriate by the Board, with counsel from the College Attorney.

Scope

All employees

Definitions

Problem resolution process: An informal process used by employees to resolve workplace disputes and concerns that do not warrant use of the grievance process, as defined below, and are not violations of College policy, legal requirements, and/or do not represent serious ethical or safety concerns.

Grievance process: A formal process used by full-time employees to address a workplace decision/condition that the employee believes is unfounded, unfair, and/or a hindrance to effective performance of his/her job. (Full-time employees should refer to the Employee Due Process Policy and Procedure for matters related to demotions, contract non-renewals, layoff, or dismissals/terminations.)

Reporting process: A formal process used by employees to report unlawful discrimination, harassment or retaliation complaints; other violations of federal or state law; and/or serious ethical or safety concerns.

References

Title VI and Title VII of the Civil Rights Act of 1964 and 1991, as amended

Title I of the Americans with Disabilities Act of 1990 ADA, as amended

The Age Discrimination in Employment Act of 1967, as amended

Equal Pay Act of 1963, as amended

Title II of the Genetic information Nondiscrimination Act of 2008

Title IX of the Education Amendments of 1972

Section 504 of the Rehabilitation Act of 1973

Lily Ledbetter Act

NC Equal Employment Practices Act

NC Retaliatory Employment Discrimination Act

NC General Statute §95-28.2

Reviewed by the Executive Leadership Team, November 13, 2013, and January 6, 2016

Reviewed by the College Attorney, December 20, 2013, and January 6, 2016

Policy Owner

Executive Director, Human Resources & Organizational Development, Ext. 7178

See Grievance and Reporting Procedure

Approved by the Board of Trustees on February 1, 2016.

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