| Department: Human Resources |
| Effective Date: 6/2012 |
| Revised Date: 4/2019 |
| Cabinet Approval Date: 4/29/2019 |
| Next Review Date: 4/1/2021 |
| Policy: Employee Handbook, Faculty Forum Contract, Carpenters Union Contract |
| Responsible Cabinet Member: Associate Vice President of Human Resources |
| Approved By: Sheila Quirk-Bailey |
Operational Standard/Purpose
Illinois Central College recognizes that in the best interest of its employees an internal procedure and process is desirable for the hearing and resolution of complaints and other problems arising out of employment in a prompt, fair and orderly manner. This Dispute Resolution Procedure is designed, therefore, to provide for a means of communication and redress for disputes which may arise in matters of general administration, working conditions, and the rights of employees as they relate to the College. Every employee covered by this procedure shall have the right to present his/her dispute to the College free from interference, coercion, restraint, discrimination, or reprisal.
The Dispute Resolution Procedure is not intended to resolve complaints that are related to civil rights discrimination/harassment or Sex Discrimination, Sexual Misconduct, and Interpersonal Violence (Title IX) complaints.
Refer to the Employee Handbook for additional information.
Scope/Applicability
Refer to the Employee Handbook for additional information.
Procedures
- Step 1: When an attempt has been made to resolve a situation without success, within 14 calendar days of the time the specific condition or act leading to the alleged issue, the employee who requests Dispute Resolution shall submit to his/her immediate manager (or the next higher level manager if the dispute is with the manager) a completed copy of the Dispute Resolution Form, which shall contain:
- the name of the employee;
- a concise statement of the dispute;
- a general statement of the relevant facts which form the basis for the complaint;
- the date of the alleged occurrence;
- an indication of the resolution sought;
- an account of any attempts at resolution through informal means;
- the signature of the employee;
- and the date the Dispute Resolution Form is submitted.
Within five (5) working days of the receipt of the Dispute Resolution Form, the immediate manager (or the next higher level manager if the dispute is with the manager) shall confer with the employee in an effort to resolve the matter. The results of this conference shall be written by the immediate manager (or the next higher level manager if the dispute is with the manager) within five (5) working Page 2 of 3 days after the conference and shall be signed by both parties and shall indicate their agreement or disagreement with the decision reached by the immediate manager (or the next higher level manager if the dispute is with the manager).
When the employee's immediate manager is also his/her Cabinet member, the Dispute Resolution Form must be submitted to him/her and processed initially beginning at Step 2 or Step 3 as appropriate.
- Step 2: If the conference does not resolve the complaint to the satisfaction of the employee, he/she may within five (5) working days after the receipt of the immediate manager’s decision complete Part B of the Dispute Resolution Form to summarize his/her position and submit the form to his/her Cabinet member.
The Cabinet member shall meet within five (5) working days of his/her receipt of the Dispute Resolution Form with both the employee and his/her immediate manager to discuss the complaint and to attempt to resolve the matter.
Furthermore, at this meeting and at any subsequent meeting prescribed within this procedure, any of the principal parties shall have the right to invite any other College employee who has information to add which is specifically relevant to the complaint.
The Cabinet member shall prepare and send to the employee within five (5) working days after his/her conference with the employee and his/her immediate manager a written explanation of his/her decision on the matter.
- Step 3: If the employee still feels the matter to be unresolved, within five (5) working days of his/her receipt of the Cabinet member’s written decision he/she may appeal the decision in writing to the Human Resources Department.
The Human Resources Director will chair an ad hoc review committee consisting of two additional full-time employees selected by the Human Resources Director to review the appeal. If a member of the Review Committee feels he/she cannot perform impartially, due to a conflict of interest or the appearance thereof, in the hearing of a particular Dispute Resolution, he/she may ask to be replaced during the specific case.
Within an additional five (5) working days, the Review Committee shall review the matter. The employee, his/her immediate supervisor, and his/her Cabinet member shall be available to attend the meeting if requested by the Review Committee.
All written material generated during the attempt to resolve the complaint shall be presented by the employee and Cabinet member to the Review Committee. The Review Committee may request from the College information which is a matter of public record and which is deemed necessary, proper, and/or relevant to the Dispute Resolution.
The Review Committee shall be convened and conduct other meetings as necessary in order to reach a decision, making every effort to complete its hearings within five (5) working days from the time it was convened. The task of the Review Committee shall be to review the facts and issues in the case and, based strictly on the evidence and testimony presented and determine an appropriate final resolution.
Within ten (10) working days the Human Resources Director shall prepare and send to the employee, his/her immediate manager, to the Cabinet member, a final resolution on the dispute.
The decision of the Review Committee shall be final.
Additional Provisions/Information
Use of the College’s Dispute Resolution procedure shall not deny an individual access to procedures specified in state or federal statutes and regulations relating to employment; however, a Dispute Resolution shall not be processed under this procedure on behalf of any employee who files or prosecutes, or permits to be filed or prosecuted on his/her behalf in any court, governmental or administrative agency, a claim, complaint or suit, complaining of the action grieved, under applicable federal, state or municipal law or regulation.