Personnel Complaint Procedure

Policy Statement

A. Step I – Supervisory
An employee who has a complaint should make every effort to discuss the problem  informally and orally with his/her immediate supervisor, who will make every effort to reach a satisfactory solution to the problem. Most problems are solved at this level. The complaint must be presented to the Supervisor within five business days of its occurrence. It is the responsibility of the Supervisor to act on the problem and respond to the employee orally within two business days after receiving the complaint. However, if the employee is not satisfied with the decision of the Supervisor, he/she may proceed to the next step.

B. Step II – Campus President/Executive Director/Vice Chancellor
Within three business days after Step I is completed, it is the employee's  responsibility to reduce the complaint to writing on the Personnel Complaint Form  provided by the College. The Human Resources Office is available to provide  assistance to an employee in filling out the Personnel Complaint Form, if requested.  The employee is to keep a copy for himself/herself, give one copy to the appropriate Campus President, Executive Director or Vice Chancellor and send one copy to the  Human Resources Office. After the appropriate Campus President, Executive Director or Vice Chancellor has received the written complaint, he/she has five  business days to investigate the facts, make a decision, and report his/her response in writing on the College-provided form to the employee in a private meeting. The appropriate Campus President, Executive Director or Vice Chancellor will keep one copy of this written decision for his/her records, give one copy to the employee, and send one copy to the Human Resources Office.

The appropriate Campus President, Executive Director or Vice Chancellor should inform the employee that if he/she is not satisfied with the outcome of the complaint at this step, the employee has the right to pursue the matter further to Step III of the  Personnel Complaint Procedure.

C. Step III – Chancellor
Within three business days of the completion of Step II, the employee shall present the written complaint to the Chancellor or his/her designee. The Chancellor or his/her designee will review all aspect of the complaint with the employee and discuss the situation with the appropriate Campus President, Executive Director, or Vice Chancellor. The Chancellor or his/her designee will then reduce his/her decision to writing and meet with the employee to discuss the decision within 15 business days after receipt of the complaint. One copy of this decision will be given to the employee involved, and one copy sent to the appropriate Campus President, Executive Director or Vice Chancellor involved and one copy to the Human Resources Office. Except in cases of suspension
without pay or termination of employment, this shall be the final step of the procedure.

D. Step IV – Binding Arbitration
Within five business days after the completion of Step III, an employee not covered by a collective bargaining agreement or a contract providing for arbitration, and whose claim is not one of discrimination and is not otherwise covered by the Board’s Equal Opportunity Policy, and who was suspended without pay or discharged and wishes to submit his/her dispute to binding arbitration under this Policy, must request arbitration, in writing, to the Chief Human Resources Officer. The making of such a request shall be irrevocable and shall constitute a contract to arbitrate.

In that event, the Chief Human Resources Officer shall select a neutral, qualified Arbitrator. A qualified Arbitrator shall be one who is recognized by the American Arbitration Association, the Federal Mediation and Conciliation Service, or the Michigan Employment Relations Commission. The Chief Human Resources Officer shall notify the Arbitrator of his/her appointment in writing with a copy to the employer within five business days of the date the request for arbitration was received. The notice shall request the Arbitrator to determine a hearing date as soon as possible, but not more than 30 calendar days after the appointment letter. If the Arbitrator declines the appointment or is unable to hear the case within the required time frame, another Arbitrator shall be selected in the same manner as described above.

The employee and the employer may be represented by counsel at the hearing. Each party shall bear the cost of his/her own counsel. The College shall bear the costs of the Arbitrator.

The Arbitrator shall apply the substantive law of Michigan, federal law, or both, as applicable to the claim(s) asserted. Pre-hearing discovery shall not be permitted. During the hearing, the Arbitrator shall generally apply the federal rules of evidence; however, she/he shall be the judge of the relevancy and materiality of the evidence offered.

Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. 

The Arbitrator shall render an award and opinion no later than 30 calendar days after the close of the hearing, in the form typically rendered in labor arbitrations. The Arbitrator shall not have the power to modify, amend, add to, or subtract from any College policy or procedure. Further, with respect to damages or remedies, the Arbitrator's award of any damages and relief to any party shall be limited to the following: back pay (including lost benefits) less interim earnings, unemployment, retirement, disability and other benefits, and severance payments received by or to be received by a party; any other out-of-pocket expenses; documented economic damages; and reinstatement to the same or a substantially equivalent position with the College. If reinstatement is warranted, but is not reasonable or practical under the circumstances at the time the award is issued, the Arbitrator may award to the employee an amount equivalent to a maximum of 12 months of front pay (including benefits) from which the Arbitrator may subtract any severance payments received by or to be received by the employee. The decision of the Arbitrator shall be final and binding on the parties.

Both parties have a duty to mitigate their damages by all reasonable means including, in any case, mitigation by way of making application for unemployment, disability, retirement, or other available benefits. The Arbitrator must take a party's failure to mitigate into account in granting relief. 

Change Log

• 01-22-13  Revised