POLICY

The college makes available a grievance procedure to employees and students. Continuing employees with appointments of at least 50 (fifty) percent of a full time equivalent professional or administrative position, or working at least 20 (twenty) hours per week as a classified employee, may process a defined grievance on completion of the probationary period. A defined grievance may involve a misrepresentation or an interpretation of a policy or procedure of the college. Issues that are specifically designated as non-grievable are ordinances and statutes; determination of policies, procedures, rules, and regulations; promotion; and the granting of continuing contract status.

Probationary, supply, temporary, or part-time employees with less than 50 (fifty) percent of a full-time equivalent position or under 20 (twenty) hours per week, may process a grievance concerning issues of prohibited discrimination or application or interpretation of board policies and procedures.

SCOPE

This procedure pertains to all full-time classified staff employees and those regularly scheduled to work in excess of 20 (twenty) hours per week.

Part-time employees working less than twenty (20) hours per week and temporary employees may process a grievance concerning issues of prohibited discrimination or interpretation and application of board policies and procedures.

DEFINITIONS:

GRIEVANCE: A grievance is an expression of dissatisfaction relating to wages, hours of work, the administration of college policies, perceived unfair or inequitable treatment or discipline, or other conditions of employment.

GRIEVANT: The classified staff employee submitting the grievance.

RESPONDENT: Person(s) alleged to be responsible for the action causing the grievance.

AUTHORITY: Respondent's immediate supervisor(s).

DAY: A school working day unless otherwise specified, i.e., day the school offices are open for business.

PROCEDURE

This procedure includes five (5) levels during which a grievance may be resolved:

Level I - Informal Resolution

Level II - Formal Complaint

Level III - Grievance Hearing

Level IV - Appeal to the President

Level V - Appeal to the Board

Casper College recommends that employees seek redress for their complaints through this grievance procedure before contacting outside agencies. The college grievance procedure provides for five internal levels of resolution.

Resolution can take place at any level of the procedure by mutual consent of the grievant and respondent. Any agreement arrived at during Level II or later will be filed with the Affirmative Action Officer and will be maintained by that office as a matter of permanent record.

Failure on the part of the respondent(s) to comply with the time limits of any step in the procedure shall cause the grievance to move to the next level. If the grievant fails to initiate movement to the next level, the grievance is considered terminated, and all parties will be so notified by the Affirmative Action Officer

A confidential record of the grievance process and resolution, including all evidence, will be maintained in the Human Resources Office for a minimum of three (3) years.

Any retaliation or discrimination against the grievant for using this grievance procedure is prohibited and will subject the perpetrator to appropriate disciplinary action as described in the Casper College procedure on Corrective Action.

Prior to level I, the employee has the option of consulting with the Staff Advocate and/or Staff Alliance.

Level I - Informal Resolution:

Employees who believe they have a grievance should first attempt to resolve it through direct, candid communication with the person(s) who is/are responsible for the alleged action or omission causing the grievance. Experience indicates that this is generally the most effective level at which disputes are resolved.

The potential grievant may request assistance from the Affirmative Action Officer in resolving a dispute at this stage. If resolution is achieved at this stage the Affirmative Action Officer will draft a letter of agreement for the signature of the grievant and respondent(s).

Level II - Formal Complaint:

If satisfactory resolution is not achieved at the informal stage, the grievant may contact the Affirmative Action Officer for assistance in filing a formal grievance. The grievant will complete the "Casper College Grievance Filing Form" and submit it to the Affirmative Action Officer within twenty (20) school workdays of the alleged action or omission.

The grievant will complete all items of the form. If an item is not applicable, the grievant will so indicate. No action will be taken on the grievance unless the grievant describes the corrective action that is sought.

Within five (5) school workdays of receipt of the written grievance, the Affirmative Action Officer will send copies to the respondent(s) and the supervisory authority of the area involved.

Within ten (10) school workdays of receipt of the grievance, the respondent(s) will submit a written answer to the grievant and the Affirmative Action Officer. The answer will (1) state the facts as alleged by the respondent(s), (2) confirm or deny each fact alleged in the grievance, and (3) accept or reject requested relief or corrective action, or propose alternative corrective action.

The Affirmative Action Officer will have ten (10) school workdays from the receipt of the answer to facilitate a resolution. If resolution is achieved at this stage the Affirmative Action Officer will draft a letter of agreement for the signature of the grievant and respondent(s). If there is no resolution, the Affirmative Action Officer will so notify both parties by the end of the ten (10) days.

Level III - Grievance Hearing:

If the complaint is not resolved at Level II, the grievant may, within five (5) school workdays of the notice of failure to resolve, make a written request to the Affirmative Action Officer for a grievance hearing. A grievance committee hearing will be arranged by the Affirmative Action Officer and be held within twenty (20) school workdays of receipt of the hearing request.

The grievance panel for classified staff grievants will consist of five (5) persons. Two (2) individuals chosen by the grievant, two (2) chosen by the respondent(s), and one (1) person selected from a list provided to both parties by the Affirmative Action Officer. The grievant and respondent must provide names of their panelists as well as the agreed upon names of neutral members to the Affirmative Action Officer within ten (10) working days of receipt by the Affirmative Action Officer of the request for a grievance panel hearing. If names are not submitted within the prescribed time frame the Affirmative Action Officer will appoint members to the panel.

All panel members must be Casper College benefitted employees (must be working a minimum of twenty [20] hours per week). The Staff Advocate will not be a member of the panel.

Members of the grievance panel will receive copies of pertinent records prior to the hearing. The Affirmative Action Officer will moderate the panel until the panel has a chance to elect a chairperson from its own ranks. At this point the Affirmative Action Officer will act in an ex-officio and advisory capacity. In addition, the panel will elect a recorder from its ranks. The grievant, respondent(s) and any witnesses will be administered an oath.

General Provision for a Grievance Hearing

A. The chairperson shall ensure a fair, orderly, and expeditious hearing.

B. The hearing shall be confined to those issues related to the subject matter presented in the original written grievance and issues reasonably necessitated by intervening developments, and shall not be allowed to develop into a general inquiry into the policies and operation of a department.

C. The Grievance Committee may issue a request to produce additional evidence.

D. If a party does not appear at the hearing, the Grievance Committee may base its decision on a consideration of the documents provided and on the presentation of the case by the party present.

E. To provide for an accurate record, all proceedings will be tape recorded. The College tape of the proceedings will serve as the one official recording. Either party may request a copy of the tape at it's own expense from the Affirmative Action Officer.

Either party may bring an advocate, including an attorney, provided he or she informs the other party at least five (5) school working days in advance of its intent to do so. Witnesses may also be presented by either party.

F. Each side will be given an opportunity to present its case, starting with the grievant. Following presentations by both sides, the panel may ask questions or request additional evidence. Any witness who testifies will be open to questions from the panel and cross-examination from the other side.

When it is satisfied that it has sufficient information to render an informed decision, the panel may adjourn the hearing and retire to a private conference. The decision of the panel will be arrived at by a majority vote. Based on its finding the panel will render a written decision to the Affirmative Action Officer, with copies to the grievant and respondent(s) within five (5) working days of the decision. The decision will include a statement of pertinent facts, vote tally and the reasons for the panel's decision. A dissenting opinion may be included as part of the record.

Level IV - Appeal to the President

Either party may appeal the panel's decision by submitting a written appeal to the College President within ten (10) school workdays of the panel's written decision. Additional evidence will not be received at this stage. The President will review the record of the proceedings and the panel's written decision and may request a meeting of the grievant and respondent(s). Based on the review of the panel's decision and/or the meeting, the President will accept or reject the decision of the grievance panel or attempt to reach an alternative solution. The President's decision and the reason(s) for it will be made in writing and distributed to the Affirmative Action Officer, grievant and respondent(s) within twenty (20) school workdays of receiving the written appeal.

If no response is received from the President within the time frame, the decision of the panel hearing will become binding.

Level V - Appeal to the Board of Trustees

Either party may appeal the President's decision by submitting a written appeal to the Board within ten (10) school workdays of receipt of the President's decision or within thirty (30) school workdays of the panel decision if the President does not respond. Additional evidence will not be received at this stage. The Board will receive a full and complete record of all previous proceedings. If the Board is unable to render a decision based on existing information it may convene a meeting with the grievant and respondent(s).

The Board will draft a written decision based upon its findings either accepting or rejecting the President's decision, or offering an alternative solution within thirty (30) school workdays of receiving the written appeal. If the Board does not respond within that time frame the decision reached at the next lower level will become final.

General Considerations

All proceedings beginning with the panel hearing are subject to provisions of the State of Wyoming Administrative Procedures Act.

Either party may use an advocate to help present his/her side at any point during the grievance process with prior notification to the other party. The advocate, however, must be from within the institution for any portion of the grievance process prior to Level III, (the Grievance Hearing). A party may be represented by legal counsel for portions of the process beginning with Level III, the Grievance Hearing, with five (5) days notification to the other party at each level.

The Affirmative Action Officer will serve as the official custodian of all records, including tapes, regarding the grievance.

All dates referred to in this procedure presume that all parties are on duty twelve (12) months of the year. If a grievant or respondent is unavailable because of work schedule, an automatic continuance will be granted in writing by the Affirmative Action Officer until he or she returns to work.