18.1 General
18.1.1 As used in this Article, a day (unless denoted otherwise) is
any day the College's administrative offices are open for
business.
18.1.2 The number of days indicated at each step herein should be
considered a maximum, and effort must be made to expedite
the process. If the District fails to respond to the complaint
or grievance in a timely manner at any step, the
complainant or grievant may proceed to the next step.
Complainant's or grievant's failure to appeal in writing the
decision rendered at any step in the procedure within the
specified time period will constitute acceptance of the
decision rendered. Time limits may be extended by mutual
written consent.
18.1.3 The grievant or complainant must be provided a reasonable
opportunity to be personally present at each level of the
dispute resolution procedure. The grievant or complainant
may request a representative at any level in the dispute
resolution procedure. Such representation normally shall be
limited to two (2) persons. The presence of advisors may be
requested at any stage of the procedure by either party.
18.1.4 Requests for necessary and relevant information may be
made at any time. Necessary and relevant information
requested shall be provided within a reasonable time, but
new issues which constitute a separate dispute beyond those
originally presented shall not be introduced at any
succeeding level by either party.
18.1.5 An investigation or other handling or processing of any
dispute shall be conducted so as to result in minimal
interference with, or interruption of, the instructional
program and related work.
18.2 Grievance
18.2.1 Purpose and Scope
18.2.1.1 A grievance is an alleged misinterpretation,
misapplication or a violation of a specific provision
of this agreement, or Board Policies and Procedures.
18.2.1.2 A grievant is an employee (or CSEA) adversely
affected by the alleged misinterpretation,
misapplication, or violation of this Agreement or
Board Policies and Procedures.
18.2.2 Procedures
18.2.2.1 First Step - An attempt shall be made to resolve
any grievance in informal verbal discussion
between the grievant and the employee's
immediate supervisor.
18.2.2.2 Second Step - If the grievance cannot be resolved
informally, the grievant shall file the grievance in
writing and, at a mutually agreeable time, discuss
the matter with the supervisor and the appropriate
manager. The written grievance shall state the
nature of the grievance, and shall state the remedy
requested. The filing of the formal, written
grievance at the second step must be within fifteen
(15) days from the date when the grievant knew, or
reasonably should have known, of the occurrence of
the event giving rise to the grievance. The manager
shall make a decision on the grievance and
communicate it in writing to the grievant within ten
(10) days after receipt of the grievance.
18.2.2.3 Third Step - If the grievance has not been
satisfactorily resolved at the second step, a copy of
the grievance shall be filed by the grievant with the
Executive Assistant to the President within ten (10)
days of the manager's written decision at the
second step. Within ten (10) days after such
written grievance is filed, the grievant and
Executive Assistant to the President, shall meet to
resolve the grievance. The Executive Assistant to
the President shall file an answer within ten (10)
days of the third step grievance meeting and
communicate it in writing to the grievant and the
supervisor.
18.2.2.4 Fourth Step - If the grievance has not been
satisfactorily resolved at the third step, the
grievant shall file a request with the Executive
Assistant to the President to proceed to the fourth
step -- a hearing before a Hearing Officer. This
request shall be filed within ten (10) days of the
written decision of the Executive Assistant to the
President.
18.2.2.4.1 With the concurrence of the grievant, the
Superintendent/President may either serve as
the Hearing Officer or designate another person
who need not be an employee of the District to
serve.
18.2.2.4.2If the grievant and the
Superintendent/President are unable to agree on
a Hearing Officer within the five (5) day period
from the third step appeal, then the grievant
may request a Hearing Officer chosen from a list
of seven (7) names requested jointly by the
Superintendent/President and the grievant from
the California State Mediation and Conciliation
Service. The grievant shall strike from the list
the name of one candidate; then the
Superintendent/President shall strike the name
of one candidate; the names will be stricken in
this manner until the name of one candidate
remains, who shall be the Hearing Officer. The
strike out procedure shall be done within five
(5) days from the receipt of the list.
18.2.2.4.3 The Hearing Officer shall conduct a hearing as
soon as possible. The Hearing Officer shall notify
the Superintendent/President of his/her
advisory decision within ten (10) days of such
hearing. No new evidence or facts may be
presented for consideration after the hearing
and the Hearing Officer's advisory decision has
been rendered. If subsequent to the hearing
new facts or evidence comes to light which may
significantly affect the outcome of the grievance,
either the grievant or the District may petition
the Board to order a new hearing.
18.2.2.4.4 Within ten (10) days of the receipt of this
written advisory decision, the
Superintendent/President will render a written
decision including the reasons for the decision.
18.2.2.4.5 In the event the grievance has not been
satisfactorily resolved with the
Superintendent/President, the grievant may file,
within ten (10) days of the written decision of
the Superintendent/President, a request for
review by the Board of Trustees and a written
response to the Superintendent/President's
decision.
18.2.2.4.6 Within five days of receipt of the written
response of the grievant, the
Superintendent/President may submit a written
rebuttal for review by the Board. Within five
days of receipt of the
Superintendent/President's rebuttal, if any, the
grievant may submit a rebuttal for review by
the Board.
18.2.2.4.7 The Board will review:
(a) the Hearing Officer's advisory decision,
(b)the Superintendent/President's written
decision including the reasons for the
decision,
(c) the grievant's written response to the
Superintendent/President's decision,
(d)the Superintendent/President's written
rebuttal to the grievant's response,
(e) the grievant's written rebuttal to the
rebuttal of the Superintendent/President.
The Board will not receive any additional
information regarding rendering their decision
on the grievance, except as the Board may
request. After reviewing all material presented
in the case, the Board may accept, reject, or
modify the Superintendent/President's decision.
This decision shall be made by the Board of
Trustees in a timely manner. The decision of the
Board shall be final.
18.2.2.4.8 Conditions of Hearings
18.2.2.4.8.1 The Hearing Officer's decision shall be in
writing and shall set forth findings of fact,
reasoning and conclusions on the issues
submitted unless agreed by the parties.
18.2.2.4.8.2The Hearing Officer shall be without power or
authority to make any decision which
requires the commission of an act prohibited
by law or which violated the terms of this
agreement or which adds to, subtracts from,
or modifies any of its terms.
18.2.2.4.8.3The cost of any Hearing Officer including the
cost of any transcripts will be mutually
borne by both parties.
18.3 Affirmative Action Appeal
18.3.1 There shall be a sincere effort on the part of involved
parties to settle complaints promptly through the steps
listed below. Charges of alleged unlawful discrimination
shall be filed under this policy and procedure as soon as
possible. Under no circumstances will a charge be accepted
that was not filed within 120 calendar days of the alleged
unlawful discrimination.
18.3.2 RepresentationThe complainant shall be entitled to
representation of his or her choice at all complaint meetings.
The complainant shall notify the Director of Affirmative
Action in writing of the name and title of the representative
at least two hours prior to the meeting.
18.3.3 Procedures
18.3.3.1 First Step - The Director of Affirmative action shall
attempt to resolve any complaints of alleged
unlawful discrimination.
18.3.3.2 Second Step - If the complaint is not resolved in
Step 1, within one hundred twenty (120) calendar
days from the date of the alleged unlawful
discrimination, the complaint will be put in writing
(using the attached form in Appendix I) by the
complainant, fully stating the facts surrounding the
complaint (Section 59328, Title 5). The indicated
form must be filled out completely, signed, dated,
and submitted to the Director of Affirmative Action.
It shall be the responsibility of the Director of
Affirmative Action to submit the form to the
Chancellor's Office immediately. The Director of
Affirmative Action will call all parties together to
hear both sides of the issue, clarify questions and
attempt to resolve the issue. The Director of
Affirmative Action shall make a decision on the
complaint and communicate it in wiring to the
complainant within fifteen (15) days after receipt
of the written complaint.
18.3.3.3 Third Step - In the event the complaint has not
been satisfactorily resolved, the complainant shall
file, within (5) days of receipt of the written
decision of the Director of Affirmative Action a
request to proceed to the third step -- a hearing
before a Hearing Officer. The Superintendent and
President may either serve as the Hearing Officer or
designate another person who need not be a
employee of the District to serve.
The Hearing Officer shall conduct a hearing within
ten (10) days of the receipt of the written appeal of
the third step decision and forward the employee's
advisory decision to the Superintendent and
President. Within five (5) days of the hearing, the
Superintendent and President will render a final
written decision setting forth the reasons for such
decision.
18.3.3.4 Fourth Step - In the event that the appeal has not
been satisfactorily resolved at the third step, the
employee may file, within (5) days of the written
decision of the Superintendent and President, a
request with the Superintendent and President to
proceed to the fourth step, a review by the Board of
Trustees. The Board of Trustees will not rehear the
complaint but will base its decision on a review of
the written evidence. The Board may accept, reject,
or modify the Superintendent and President's
decision as the Board deems appropriate. Final
decision will be communicated to the complainant
on the prescribed form provided by the Chancellor
of the California Community Colleges within ten
(10) days.
Upon receipt of the Board's final decision, if the
complainant is not satisfied with the resolution, the
employee may submit written objections to the
resolution to the Chancellor of the California
Community Colleges. Such objections must be
submitted within thirty (30) calendar days.
(Section 59338). If the Chancellor finds "probable
cause" to support a finding of unlawful
discrimination, an Administrative Hearing will be
held.
18.3.4 Final Disposition of AB 803 Charge Upon sending the notice
pursuant to Section 59338 and within ninety days of
initiating the investigation required by Section 59334, the
District will forward the following to the Chancellor:
18.3.4.1 The original complaint;
18.3.4.2 Report of the nature and extent of the investigation
conducted by the District;
18.3.4.3 Report of any action taken to resolve the complaint;
18.3.4.4 Evidence that the District has complied with the
requirements of Section 59338;
18.3.4.5 Such other information as the Chancellor may
require, (per Section 59340)
18.3.5 Effect of Settlement Any settlement of this discrimination
complaint policy and procedure shall be applicable to this
complaint procedure only, and shall not be binding authority
for the disposition of any matter. Resolution of complaints
at any step in the procedure must be signed by the
complainant, appropriate District official and Superintendent
and President to be considered resolved.
18.3.6 Non-Retaliation Policy The San Joaquin Delta Community
College Board of Trustees commits the District to ensure that
students, applicants, and employees are not adversely
affected for having brought forward a charge of
discrimination, testified, assisted, or participated in any
manner in an investigation proceeding or hearing relative to
unlawful discrimination complaints. Violations of this policy
by an employee are causes for disciplinary action, up to and
including termination.
18.3.7 A log showing all complaints and their resolution will be
maintained by the college district for a three year period.
Forms for filing a discrimination complaint will also be
maintained by the college district, and must be made
available to persons who feel they have been discriminated
against unlawfully. It is the responsibility of the Director of
Affirmative Action to maintain the discrimination complaint
log as well as all copies of complaints and resolutions.
18.3.8 Revisions to Affirmative Action Appeal Process Prior to any
changes being negotiated in Section 18.3 Affirmative Action
Appeal Process, the CSEA and the District agree to
participate in a meeting, if possible, with representatives of
the San Joaquin Delta College Teachers Association, the San
Joaquin Delta College Police Officers Association, and the
Associated Student Body Government for the purpose of
discussing proposed changes to Section 18.3 and attempting
to obtain a consensus about what changes, if any, should be
made. Nothing in this section shall be interpreted to
diminish the rights or obligations of either the CSEA or the
District to negotiate any changes to Section 18.3.
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