Students and employees are encouraged to discuss their concerns and grievances with an appropriate supervisor or administrator. When informal discussions fail to resolve the concern or dispute, the individual may file a grievance under this policy. However, complaints alleging discrimination, harassment, retaliation, or violations of the Student Code of Conduct are addressed under their respective policies.
A written grievance must be received no later than ten (10) days from the date the individual first knew or, with reasonable diligence, should have known of the decision or action giving rise to the grievance. If the grievance is not timely filed, it may be dismissed. Grievances involving a student as either the complainant or respondent must be submitted to the Dean of Student Affairs (“DSA”). Grievances involving only employees are submitted to the Director of Human Resources (“DHR”).
Following the receipt of the written grievance, the DSA/DHR, or designee, will begin an investigation of the complaint and follow the steps below:
- The respondent is notified of complaint and may provide a written response to the DSA/DHR within five (5) days. The complainant will receive a copy of the response, if any.
- If, in the DSA/DHR’s discretion, an informal resolution is appropriate, the DSA/DHR will offer the parties an opportunity to resolve the report informally. Both parties much agree to proceed with an informal resolution session. If the informal resolution is successful, the report will be closed.
- If the informal resolution is not successful, the DSA/DHR will investigate the allegations within the grievance by interviewing the parties and others with relevant information. The DSA/DHR will interview individuals based on the specific information each witness has to contribute to the issues and whether such information is original or repetitive. The DSA/DHR will review all documents provided and obtained during the investigation and draft a Report of Investigation which will not include any conclusions. The parties will be provided a copy of the Report and the opportunity to provide a written response within five (5) days.
- The DSA/DHR will then form a Grievance Committee to hear the case. The Grievance Committee will be comprised of five (5) members and may include faculty, staff, and/or students in leadership positions on campus, with a faculty member designated as the Chair. The Chair's role is that of a nonvoting member, except in the event of a tie. All documentation received by the DSA/DHR and the Report will be submitted to the Committee Chair.
- The parties may request a meeting with the committee. If more than one (1) meeting is required to hear and deliberate the case, ALL meetings must be held within five (5) days of the initial hearing.
- Following the hearing, the Disciplinary Committee will deliberate and draft a written decision. There are three general outcomes to the committee findings:
- Committee finds for the respondent.
- Committee finds for the complainant.
- Committee finds the complaint should be dismissed due to a lack of evidence.
- In grievances involving students, the Grievance Committee will also impose disciplinary sanction(s) where appropriate. In doing so, the Committee will follow the guidelines provided in the Student Code of Conduct, Policy # 4.1.2. The Committee Chair will submit the committee’s written decision to the DSA/DHR within five (5) days. In grievances involving only employees, the DHR will determine the appropriate disciplinary sanction(s) to be imposed, if any. The DSA/DHR will then forward the findings to both parties and TCC administration (as appropriate).
For the purposes of these processes, a “day” is defined as a regular College business day while classes are in session. Upon a showing of good cause, or upon the mutual agreement of the parties, all deadlines above may be extended as appropriate and necessary.
Grievances involving a TCC student as the complainant and/or respondent are managed by the DSA, or appropriate designee. In the event the grievance involves the DSA as the complainant, respondent, or a witness, or the DSA is otherwise unavailable, a replacement will be named by the Associate Vice President (“AVP”). The DSA reserves the right to impose an immediate removal of a student from campus while an investigation is being conducted if the DSA perceives the student to be a risk to the campus community.
Grievances involving TCC employees as both the complainant and respondent are managed by the DHR, or appropriate designee. In the event the grievance involves the DHR as the complainant, respondent, or a witness, or the DHR is otherwise unavailable, a replacement will be named by the President. The DHR reserves the right to impose an immediate removal of an employee from campus while an investigation is being conducted if the DHR perceives the employee to be a risk to the campus community.
Written appeals of decisions of the Grievance Committee must be filed with within five (5) days from the date the party was provided notice of the complaint process. If no appeal is received, the report will be considered resolved. Appeals involving students must be filed with the DSA or their designee. Appeals involving only employees must be filed with the President or their designee.
The grounds for appeal may be based only upon the following:
- The conduct policy and/or procedure were not adhered to, and such deviation could have a substantial influence on the case's outcome or might have led to a different determination.
- New or relevant information, not available at the time of the investigation or hearing, has arisen that would significantly impact the outcome of the case.
Student appeals will be forwarded to the Appeal Board, which is comprised of the Associate Vice President, Chief Academic Offer, and Chief of Clinics. The Board will review the information considered by the committee and additional information or documentation submitted with the appeal, if any. The Appeal Board then has ten (10) days to make a final ruling. Appeals of grievances involving employees only will be decided by the President. Decisions of the Appeal Board and/or the President are final.
NOTES:
TCC Administration reserves the right to take immediate action on a complaint in extreme situations by bypassing this committee system.
ALL official communications for these processes will be conducted through the TCC’s email system.
The highest level of confidentiality will be upheld by the Grievance Committee and all individuals involved in the incident. Information will only be divulged to those who are involved in the investigation relevant to the need for information covered during the process. Breach of confidentiality by any person involved in the Grievance Committee or the process of that committee will be subject to disciplinary action.