V:01:16 Grievance and Complaint Policy for Exempt Personnel

Purpose

The purpose of this policy is to establish the process for employee grievances and/or complaints at Volunteer State Community College.

Definitions

• Grievance (Committee review available) – An employee may only grieve actions the College has taken against the employee, which:
  • violates College or TBR policy, or involves an inconsistent application of these same policies;
  • violates any constitutional right. The most likely areas of concern are the First, Fourth, or Fourteenth Amendment of the federal constitution when that action hampers free speech, freedom of religion, the right to association, provides for improper search and seizure, or denies constitutionally required notice or procedures, or;
  • violates a federal or state statute not covered by TBR Guideline P-080.
• Complaint (Committee review not available) – A complaint is a concern which an employee wants to discuss with supervisory personnel in an effort to resolve the matter. Personnel actions such as performance evaluations, rates of pay, position re-classifications, or position terminations due to reduction in force do not fall under the definition of complaint.
• Employee - For purposes of the grievance and complaint procedures, an employee is defined as faculty (though not including faculty on adjunct contracts), executive, administrative, or professional staff. Probationary employees, student workers, and graduate assistants are not included in the definition of employee.
• Employment Action – Employment action is the demotion, suspension without pay, termination of an employee, or work assignments or conditions of work which violate statute or policy.

Policy/Guideline

I. Application of Policy

1. This policy applies to employees of Volunteer State Community College who wish to file a complaint or grievance as defined above.
2. There are two types of procedures:
   1. Grievances, which are subject to committee review; and
   2. Complaints, which must be resolved without committee review.
3. Employees may request a standard grievance/complaint form from the Office of Human Resources, but no grievance will be denied because a standard form has not been used.
4. This policy has no application to a termination procedure initiated against a tenured faculty member under TBR policy 05:02:03:70 Section V.1.2.
5. This policy is not to be used for support staff employees who are demoted, suspended without pay, or terminated.
   1. In accordance with T. C. A. § 49-8-117, Support Staff Grievance Procedure, support staff employees who are demoted, suspended without pay, or terminated must follow the grievance process contained in VSCC Policy V:01:18
      1. Support staff employees who wish to challenge other employment actions not covered by TBR Guideline P-111, however, may utilize the procedures set for in the policy, as applicable.
      2. If the grievance involves or is based on unlawful discrimination or unlawful harassment, the process set out in VSCC policy VIII:04:00 must be utilized; however, if the President’s/Chancellor’s, as appropriate, decision includes demotion, suspension without pay, or termination, the employee so disciplined may use these procedures or the procedure described in TBR policy 1:06:00:05 (Contested Cases Subject to the Uniform Administrative Procedures Act).
6. An employee may choose to utilize the procedure for review by the grievance committee established pursuant to this policy in actions relating to the suspension of employees for cause or termination in violation of an employment contract which fall under TBR policy 1:06:00:05 (Contested Cases Subject to UAPA) or TBR Policy 5:02:03:70 Section V.I.b.(2) (Suspension of Tenured Faculty).
7. The College may choose to utilize the procedure for review by the grievance committee, as established pursuant to this policy, when resolving a complaint initiated pursuant to TBR Policy 5.02.02.30 (Faculty Promotion at Community Colleges).

II. Complaint Procedure

1. A complaint must be filed within fifteen (15) workdays from the date the employee receives notice or becomes aware of the action which is the basis for the complaint.
   1. If the complaint arises from a repeated or continuing occurrence, the time limit begins from the date of the last such occurrence.
   2. Any complaint not presented within the time limit is waived and shall not be considered.
   3. Once a final determination is made, the employee may not later present the same complaint in an attempt to gain a more favorable outcome.
2. A complaint must be submitted in writing to the Vice President for Human Resources or their designee.
3. In an effort to resolve the complaint, the College shall:
   1. Allow the employee to present facts and/or materials relative to the complaint;
   2. Investigate the dispute; and
   3. Attempt to find a solution.
      1. The President or designee shall be the final decision-maker.
      2. Complaints do not include a right to any type of hearing, adversarial proceeding, nor the right appeal to the Chancellor.

III. Grievance Procedure

1. Procedure
   1. A grievance must be initiated within fifteen (15) workdays after the employee receives notice or becomes aware of the action which is the basis for the grievance.
   2. The administrator considering the grievance at each step shall issue a written decision with specific reasons stated for the decision.
   3. If the employee is not satisfied with the decision at any step, they must carry the grievance forward to the next step within fifteen (15) workdays after receiving the written decision.
      1. If the employee does not carry the grievance forward within fifteen (15) workdays, the grievance procedure shall be terminated and the grievance disposed of in accordance with the last written decision.
   4. Any party involved in the grievance proceeding may request an extension of any deadline set forth in the policy. Requests for extension must be made in writing and submitted to the Vice President for Human Resources prior to the deadline.
   5. Once a grievance is initiated, the grievant may not later present the same grievance again in an attempt to gain a more favorable outcome.
2. Testimony, Witnesses, and Representation
   1. At every step, the employee may testify and present witnesses and materials in support of their position.
      1. The testimony of an employee, given either on their own behalf or as a witness for another employee, will not subject an employee to retaliatory action.
   2. At every step, the employee may be accompanied by a representative, if desired. A representative may be any colleague of the employee who is not in the employee’s work unit. A representative cannot act in a legal capacity or actively participate in any proceedings by speaking on the employee’s behalf, testifying, presenting evidence, etc.
      1. At the discretion of the panel chair, additional employees from the unit may be allowed to attend the employee panel hearing conducted as the final step.
3. Steps of Review
   1. Step 1 – Supervisor or Administrator Instituting Employment Action:
      1. Within fifteen (15) workdays after the employee receives notice or becomes aware of the action which is the basis for the grievance, the employee completes a Grievance Form (which may be obtained from the Office of Human Resources), submits it to the Vice President for Human Resources or designee, and provides a copy to the employee’s supervisor or the administrator instituting employment action. While a particular form is not required to file a grievance, the employee must make it clear that they intend to utilize the grievance procedures for resolution of the employment action.
      2. Within fifteen (15) workdays after receipt of the grievance, the supervisor or administrator initiating employment action and the employee will meet and discuss the grievance in a face-to-face meeting.
      3. If the supervisor or administrator was not the one who recommended the original employment action, or if they are recommending a change from the original employment action, the supervisor or administrator will make a recommendation to the administrator who made the original employment action.
      4. Any changes from the original employment action must be approved by the President before being communicated to the employee.
      5. Within fifteen (15) workdays after the face-to-face meeting, the supervisor or administrator must communicate the decision in writing to the grievant with specific reasons stated for the decision.
      6. If the supervisor or administrator fails to respond, or if the decision is not satisfactory to the employee, the employee may carry the grievance forward to Step 2.
   2. Step 2 — Next Higher Level of Management:
      1. Within fifteen (15) workdays after receiving the written decision at Step 1, if the employee is not satisfied with the result of Step 1, the employee must notify the Vice President for Human Resources, or designee, that the employee wants further review.
         1. The Vice President for Human Resources, or designee, will schedule a face-to-face meeting to occur within fifteen (15) workdays after receiving notice that the employee wants further review by the next-level administrator.
      2. Within fifteen (15) workdays after the face-to-face meeting, the next-level administrator will issue a written decision that includes specific reasons for the decision.
      3. Any changes from the original employment action must be approved by the President before being communicated to the employee.
   3. Step 3 — Hearing:
      1. Within fifteen (15) workdays after receiving the written decision at Step 2, the employee can request a grievance hearing before a panel of employees.
      2. The employee must notify the Vice President for Human Resources, or designee, in writing whether the employee wants a hearing before an employee panel.
      3. Alternatively, the employee may request a hearing under TBR Policy 1:06:00:05 (Contested Cases Subject to UAPA), if applicable.
      4. If the employee requests a hearing before an employee panel, the Vice President for Human Resources or designee will select the panel members, convene the hearing, and arrange for the grievance to be heard.
      5. The employee grievance panel may include non-exempt staff employees, exempt staff employees, or a combination of both exempt and non-exempt employees.
      6. The panel members representing the unit where the employee works may not serve on the grievance panel.
      7. Every effort will be made to select a diverse grievance panel.
      8. The grievance panel shall hear the grievance within fifteen (15) workdays, if practicable, after the date on which the employee submits their written request to the Vice President for Human Resources, or designee.
      9. The written recommendation of the institutional panel or commission is subject to review by the President.
   4. Step 4 — Review by the President:
      1. The written recommendation of the grievance panel will be forwarded to the President.
      2. Within fifteen (15) workdays, if practicable, the President, or a designee, will notify the grievant of the final decision.
4. Grievances which are processed through the grievance committee and upon which the President has made a decision are appealable to the Chancellor only where the grievance falls within the parameters set out in TBR Policy 1:02:11:00.

IV. Non-Retaliation

1. No employee shall retaliate or discriminate against another employee because of the latter employee’s filing of a grievance or complaint.
2. In addition, no employee shall coerce another employee or interfere with the action of another employee in the latter employee’s attempt to file a grievance or complaint.
3. Administrative, academic, and supervisory personnel are responsible for ensuring that the employee is free from retaliation, coercion, and/or discrimination arising from the employee’s filing of or intent to file a grievance or complaint.

V. Responsibility for Implementation

1. A. The President, or designee, has the ultimate responsibility for implementation of the grievance and complaint procedures.
2. B. Administrative, academic, and supervisory personnel are responsible for ensuring that they inform and make available to all employees information concerning their right to file a grievance or complaint and their right to be protected from retaliation.

VI. Maintenance of Records

1. Copies of written grievances and complaints and accompanying responses and documentation should be maintained in the Office of Human Resources for at least two (2) years after the date of the employment decision.
2. If a finding adverse to the grievant/complainant is made, the finding shall be maintained in the grievant/complainant’s personnel file.

TBR Sources: 1:02:11:00: Board of Regents Bylaws, as amended; SBR Meeting September 30, 1983; SBR Meeting December 12, 1986; SBR Meeting March 17, 1989; TBR Meeting March 25, 1994. Note: Revised policy approved on September 30, 1983, to be effective on December 16, 1983. 1:06:00:05: TBR Meetings, June 30, 1978; September 30, 1983; December 14, 1984; March 15, 2002. 5:02:03:30: April 2, 2004. 5:02:03:70: April 2, 2004 This policy is a result of a comprehensive revision of former TBR Policy 5:02:03:00, Academic Freedom, Responsibility and Tenure. The former policy included provisions related to academic freedom and responsibility and tenure in both universities and community colleges. The revision, approved by the Tennessee Board of Regents on April 2, 2004, created a separate policy on academic freedom and responsibility pertinent to both universities and community colleges, established separate policies relative to tenure for universities and community colleges, and instituted separate policies on faculty appointments for universities and community colleges. Faculty members appointed prior to July 1, 2004, may elect to be considered for tenure under the provisions of Policy 5:02:03:00 or under the revised policy for a four-year phase-in period. The revised policy will be applicable to all tenure action taken on or subsequent to July 1, 2008, for faculty whose employment began on or after July 1, 2004. P-080: Presidents Meeting: November 14, 1984 and November 16, 1984 AVTS Sub-Council meeting; August 16, 1988; February 14, 1989; November 10, 1992; August 13, 1996; February 13, 2001; August 16, 2005; November 8, 2005; February 13, 2008; February 14, 2012: Changes in Title VI procedures became effective October 1, 2013 (Ratified at President's Meeting, Nov. 5, 2013); Revision approved at November 11, 2014 President's Meeting; Revision approve at August 5, 2020 President's Meeting; Revision approved at August 10, 2021 Presidents Meeting; Ministerial Revisions February 14, 2025; Ministerial Revisions May 15, 2025; P-110: Presidents Meeting: August 18, 1987; May 16, 1989; August 21, 2001; February 13, 2002; February 13, 2008, May 21, 2013. P-111: TBR Meetings: February 13, 2002; May 21, 2002; February 13, 2008; Presidents Meeting May 21, 2013; [Authority: Tenn. Code Ann. § 49-8-117, Acts 1993, ch. 301, § 1; Tenn. Code Ann. § 4-5-301 et seq.; Tenn. Code Ann. § 9-8-307, TBR Policy 1:06:00:05, Uniform Procedures for Cases Subject to the Tennessee Uniform Administrative Procedures Act.]

VSCC Source: December 17, 2987, President’s Cabinet; April 2, 1999, President’s Cabinet; January 23, 2009, President’s Cabinet; September 10, 2025, President’s Cabinet