Dispute Resolution for Eligible Administrative Employees

Administrative Procedure 5.401

Elgin Community College will resolve College employee disputes promptly and informally as they arise. In the event a dispute cannot be resolved informally after a serious attempt is made, prescribed procedures will be observed to assure an orderly process for the hearing and resolution of the dispute in a prompt and fair manner. Employees following the informal and formal dispute resolution procedures will be free from retaliation as a result of participation in the dispute resolution process, except where an employee has used the process in a way that is abusive, fraudulent, or constitutes a violation of law.

1. Definitions:

A. Eligible Employees: This procedure will only pertain to administrators, administrative support personnel and confidential/supervisory staff with the exclusion of the president and the vice presidents.

B. Day:  Calendar day.

C. Dispute: A complaint alleging an action in violation or wrongful interpretation of:

• • A College policy,
  • An administrative regulation or procedure,

D. Dissenter:  An eligible employee who expresses a dispute under this provision. If more than one dissenter presents a dispute asserting a common complaint or arising from a common set of facts, the disputes may be treated as one individual dispute at the sole discretion of the administration.

E. Immediate Supervisor: The individual who directly supervises the dissenter, evaluates his/her performance, and initiates management-related personnel recommendations regarding the employee.

F. Sexual Harassment: Any unwelcome sexual advance, request for sexual favors and other verbal or physical conduct of a sexual nature where submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, submissions to or rejection of such conduct by an individual is used as a basis for employment or such conduct has the purpose or effect of unreasonable interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

G. Vice President:  The Vice President designated by the President for the hearing of a particular dispute.

2. Informal Procedure: The objective of this method is to resolve a dispute through open and informal communications.  It is a prerequisite that this informal procedure be used fully and in good faith as an honest attempt to resolve the dispute prior to initiation of the formal procedures.

A. Informal discussion(s) between the dissenter and their immediate supervisor should occur as promptly as possible after the occurrence giving rise to the dispute and definitely no later than 10 business days after the occurrence of the action disputed or the dissented should have known that it occurred.

B. After each meeting, the supervisor will promptly prepare a report setting forth the subject matter and the resolution reached, if any. Each party will have a copy of the report.

C. The dissenter may also prepare a report explaining their perspective of the dispute, the resolution sought, the date of the meeting and the administrative response. Should the dispute involve an allegation of sexual harassment, the dissenter may elect to have an informal discussion with the Chief Human Resources Officer rather than the immediate supervisor.

3. Formal Procedure: If the dispute is presented to a supervisor initiating the informal approach for resolving the dispute, and if a solution satisfactory to the dissenter is not reached, then the dissenter may elect to use the formal dispute procedure.

A. A formal dispute must be filed within 10 business days of the action, or when the dissenter should have known of the action, underlying the dispute. In such cases, the total time lapse between the time of the act or condition which is the basis of said dispute and the filing of the formal dispute will not exceed thirty (30) business days. A formal dispute will be processed according to the following steps:

Step 1: The dissenter seeking to file a formal dispute will initiate the formal process by submitting a completed and dated copy of a written report which includes: a) the action(s) or facts underlying the dispute and the date(s) they occurred (date became aware it occurred); b) the violation or interpretation of policy, regulation, procedure, or law involved; and, c) the desired remedy or relief. The immediate supervisor will arrange a meeting with the dissenter for purposes of discussing the dispute. The meeting will take place within five (5) business days of the supervisor's receipt of the dispute, and the supervisor will provide a written answer to the dissenter within fifteen (15) business days after the meeting.

Step 2: If the dissenter is not satisfied with the disposition reached in Step l, they may submit the written dispute along with a recommended remedy and any associated documentation together with the written answer of the immediate supervisor, to the Vice President or a designee of his/her division within seven (7) business days after the answer from Step l is received.  If Step l was initiated with a Vice President as the employee's immediate supervisor, the dissenter should proceed to Step 3. The Vice President or a designee will arrange a meeting with the dissenter for purposes of discussing the dispute. The meeting will take place within ten (10) business days of the Vice President's receipt of the dispute, and the Vice President will provide a written answer to the dissenter within fifteen (15) business days after the meeting.

Step 3:  If the dissenter is not satisfied with the disposition in Step 2, or Step l in cases where the Vice President is the immediate supervisor, they may submit the dispute and the associated documentation of previous steps, and the answers to the President of the College or designee within seven (7) days after the answer from Step 2 is received. The President or designee will arrange for a meeting with the dissenter for purposes of discussing the dispute within ten (10) business days of the President's receipt of the dispute. The President will provide a final written decision granting or denying such relief as the President deems appropriate. The President will issue a decision no later than sixty (60) business days after the President's receipt of the dispute. The President's decision is final.

4. General Provisions:

• All documents, communication and records dealing with the processing of a dispute will be filed in dispute resolution file with the employee’s name. This file should be kept separate from the employee’s personnel file and disciplinary file (unless the dispute rises from a disciplinary action).
• At or during any step in the formal dispute procedure, a dispute may be dismissed for failure to comply with the provisions of this procedure.
• If the responding administrator does not answer the dispute within the specified time limit, a dissenter may proceed to the next step.
• All meetings under these procedures will be conducted privately and will include the dissenter and any witnesses desired by the parties involved. The parties will each have the right to be represented by counsel at their own expense.
• A dispute may be withdrawn in writing at any level by the dissenter.
• The failure of a dissenter to abide by the prescribed limits will act as a bar to any further appeal, and in such cases, the last answer received will be considered a binding, final decision on the dissenter.
• Participation in these dispute procedures will not subject anyone to discipline or reprisal as a consequence of such participation, except in a case involving harassment, fraud or violation of law.
• A dispute involving substantially the same facts and/or conditions will only be initiated through formal procedures once.

This policy was last reviewed on 08/31/2023.