ARTICLE XIII

1. A grievance shall mean that there has been an alleged misinterpretation, misapplication or a violation of matters relating to wages, hours of employment, health and welfare benefits, leave and transfer policies, safety conditions of employment, or procedures to be used from the evaluation of employees, as contained in negotiated agreements or Board policy.

3. The failure of the employee to act on any grievance within the prescribed time limits will act as a bar to any further appeal. A manager's failure to give a decision within the time limits shall permit the employee to proceed to the next step. The time limits, however, may be extended by mutual agreement.

1.a If the grievance cannot be resolved informally at the first step, either party may choose to continue the informal process by utilizing an "interest based" procedure to resolve the grievance. The interest-based procedure would define the grievance issue as a mutual problem to be analyzed and potentially resolved through the exploration of options and alternatives. A third party facilitator will be mutually agreed upon by both parties. The facilitator may be an employee of San Joaquin Delta College.

2. Second Step - If the grievance cannot be resolved informally, the employee shall file the grievance in writing and, at a mutually agreeable time, discuss the matter with the supervisor and the Chief of Police. 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 twenty (20) calendar days from the date 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 employee within ten (10) working days after receipt of the grievance.

3. Third Step - In the event the grievance has not been satisfactorily resolved at the second step, the employee shall file, within ten (10) calendar days of the Chief of Police written decision at the second step, a copy of the grievance with the Director of Human Resources and Affirmative Action. Within ten (10) working days after such written grievance is filed, the employee and Director of Human Resources and Affirmative Action, shall meet to resolve the grievance. The Director of Human Resources and Affirmative Action shall file an answer within ten (10) working days of the third step grievance meeting and communicate it in writing to the employee and the supervisor.

4. Fourth Step - In the event that the grievance has not been satisfactorily resolved at the third step, the employee shall file, within thirty (30) days of the written decision of the Director of Human Resources and Affirmative Action, a request with the Director of Human Resources and Affirmative Action to proceed to the fourth step--a hearing before a Hearing Officer.

b. If the employee 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 employee may request an Arbitrator chosen from a list of seven (7) names requested jointly by the Superintendent/ President and the employee from the State Mediation and Conciliation Service. The employee 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 Hearing Officer shall conduct a hearing within either thirty (30) days of the receipt of the written appeal of the third step decision or thirty (30) days of agreement on the Hearing Officer or as soon thereafter as available. The Hearing Officer shall notify the Superintendent/ President of his/her advisory decision within ten (10) days of such hearing. Within ten (10) days of the receipt of this written advisory decision by the Superintendent/President, the Superintendent/ President will render a final written decision setting forth the reasons for such decision. The timeline set forth in this paragraph may be waived by mutual written agreement of both parties.

In event the grievance has not been satisfactory resolved with the Superintendent/President, the grievant may file, within ten (10) days of the written decision of the Superintendent/ President, a request to have the written record of the grievance reviewed by the Board of Trustees. 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.

6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the Hearing Officer. The party having the burden of proof shall have the right to make the opening argument in closing and to rebut the other party's argument (opening and closing).

The Hearing Officer shall determine relevancy, weight and credibility of testimony and evidence. The Hearing Officer shall not have the power to expand the collective bargaining agreement or apply the recommended decision to any employee other than the grievant.

Each party shall bear equally the unreimbursed costs of the Hearing Officer, court reporter and transcripts. If either party cancels or postpones a scheduled hearing resulting in a fee charged by the Hearing Officer, that party shall pay the cancellation fee. This does not apply to mutual settlements between the parties.

Prior to any changes being negotiated in Section 13.2 Affirmative Action Appeal Process, the Association 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 California School Employees Association, and the Associated Student Body government for the purpose of discussing proposed changes to Section 13.2 and attempting to obtain a consensus about what changes, if any, should be made.

A. 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 days of the alleged unlawful discrimination.

B. Representation - The employee, student, or applicant shall be entitled to representation of his or her choice at all complaint meetings beyond Step 1. 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.

2. Second Step - If the complaint is not resolved in Step 1, through informal discussion within one hundred twenty (120) days from the date of the alleged unlawful discrimination, the complaint will be put in writing (using the attached form in Appendix E) 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 Human Resources and Affirmative Action. It shall be the responsibility of the Director of Human Resources and Affirmative Action to submit the form to the Chancellor's Office immediately. The Director of Human Resources and 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 Human Resources and Affirmative Action shall make a decision on the complaint and communicate it in writing to the complainant within twenty (20) days after receipt of the written complaint.

3. Third Step - In the event the complaint has not been satisfactorily resolved, the complainant shall file, within five (5) working days of receipt of the written decision of the Director of Human Resources and Affirmative Action a request to proceed to the third step -- a hearing before a Hearing Officer. 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. The Hearing Officer shall conduct a hearing within ten (10) working days of the receipt of the written appeal of the third step decision. Within five (5) working days of the hearing the Superintendent/President will render a final written decision setting forth the reasons for such decision.

4. Fourth Step - In the event that the complaint appeal has not been satisfactorily resolved at the third step, the employee may file, within five (5) working days of the written decision of the Superintendent/ President, a request with the Superintendent/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 except, reject or modify the Superintendent/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 College within ten (10) working days.

Upon receipt of the Board's final decision, if the complainant is not satisfied with the resolution, he/she 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 "probably cause" to support a finding of unlawful discrimination, an Administrative Hearing will be held.

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 other matter. Resolution of complaints at any step in the procedure must be signed by the complainant, appropriate District official and Superintendent/President to be considered resolved.

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.

The number of working 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 in a timely manner at any step, the complainant may proceed to the next step. Complainant'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 or due to unusual circumstance. However, time limit extensions must be approved by the Director of Human Resources and Affirmative Action, who will ensure compliance with mandated time limits.

13.7 A log showing all complaints and their resolutions 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 Human Resources and Affirmative Action to maintain the discrimination complaint log as well as all copies of complaints and resolutions.

ARTICLE XIII

DISPUTE SETTLEMENT