CONFLICT RESOLUTION PROCEDURES FOR EMPLOYEES AND
A. The term Agrievance@ shall mean an identified cause
of distress affording reason for complaint/dispute concerning the
interpretation or application of a specific term or provision of
employment. A grievance alleges a violation of rights, privileges,
or due process of one or more parties by an institution or system.
B. The term Agrievant@ shall mean an employee or group
of employees, a student or group of students in distress/dispute
over an issue provided herein.
C. The term AGrievance Committee@ is defined as those
members selected in accordance with Section V of the Bainbridge
College Grievance Procedures for Employees and Students.
II. Preliminary Steps to Filing A Formal Grievance
It is advised that all problems should be resolved, whenever
possible, before the filing of a grievance. The parties involved
are encouraged to resolve informally grievances whenever possible.
Open communication between employees, students, and administrators
is encouraged to resolve conflict so that resort to a formal grievance
procedures would not normally be necessary. If no resolution is
made at this level of communication, participants are required to
pursue mediation as the next step. If this fails, a formal grievance
statement should then be filed with the body having appropriate
jurisdiction under the grievance procedure. A prompt and efficient
procedure for the investigation and resolution of grievances would
The purpose of this procedure is to provide a means to hear the
complaints of college employees (faculty members and classified
personnel*) and students who have exhausted all other normal channels
(including mediation) but who have not received satisfaction in
the resolution of the grievance. Normally a faculty member with
a complaint would first bring the complaint before his chairperson.
If the division/departmental chairperson does not resolve the complaint
to the satisfaction of the faculty member, then the grievant would
approach the Dean of the Faculty. If the faculty member did not
receive satisfaction from the Dean regarding his/her complaint,
then he/she would bring the complaint before the President of the
College. If these normal channels do not satisfactorily resolve
the issue for the grievant, then he/she would voice his complaint
before the Grievance Committee. Classified employees shall appeal
to the administration officers through and including one level of
authority higher than the grievant=s first immediate supervisor
to resolve satisfactorily the grievance. Students shall first appeal
to their instructor. Then, if no satisfaction is reached, the student
shall appeal to the chairperson of the faculty member. If the student
is not satisfied he/she should appeal academic matters to the Vice-President
of Academic Affairs and for other matters the complaint should be
directed to the Dean of Students.
* Classified employees shall be constructed to mean those employees
of the college other than faculty and administration of the college.
The Grievance Committee shall have jurisdiction to consider grievances
of any faculty member, classified employee, or student of Bainbridge
College. Grievances heard by the Grievance Committee shall include,
but not be limited to the following:
A. Complaints reasonably related to terms and conditions
of employment, supported by affidavit of the grievant or other credible
evidence, when properly and timely filed in accordance with the
procedures set forth in Section VII, below.
B. Grievances concerning salary, promotion, tenure,
or nonrenewal, when it is reasonably alleged that the complaint
was the result of discrimination based on race, color, sex, religion,
creed, national origin, disability, or age. Examples of grievances
that also might be brought before the committee could be complaints
involving the following: overloads, summer employment, class scheduling,
advisement, academic freedom, travel requests, equipment requests.
For decisions concerning salary, promotion, tenure, and nonrenewal
for which no discrimination is alleged, the next level of review
following the President=s decision is the Board of Regents, according
to the provisions of Article IX of the Bylaws of the Board
C. Any grievance concerning sexual harassment or other
occurrences pertaining to the denial of a student=s rights.
D. Any grievance referred to the committee for hearing
by the President of Bainbridge College or the Board of Regents of
the University System of Georgia.
In cases of termination (dismissal) of tenured faculty or nontenured
faculty during their contract term pursuant to Article VI, Section
B., paragraph D of the Bylaws of the Board of Regents, an
application for review may be directed to the Board of Regents,
according to procedures set forth in Article IX, of the Bylaws
of the Board of Regents. Grievances related to the termination
(dismissal) of classified employees, may be pursued through the
procedures for appeal set forth in the Business Procedures Manual
of the Board of Regents. After exhausting the procedures set forth
therein, and obtaining a final decision of the President, a classified
employee may apply to the Board of Regents for review of his or
her termination in accordance with the provisions of Article IX
of the Bylaws of the Board of Regents.
V. Grievance Committee
A. Selection of Chairperson
There shall be a Chairperson for each Grievance Committee, who
along with one or more Alternate Chairperson(s), shall be elected
annually by the faculty of the college from among the full-time
teaching faculty* of the institution for a one (1) year term, to
begin no later than November 30th of each academic year: provided,
however, that not more than one person shall be elected from the
faculty of any one department/division of the college. The Chairperson
and Alternate Chairperson(s) should be briefed thoroughly on the
conduct of the grievance mechanism by University System counsel
or the Affirmative Action Officer of the College or the University
System. The Chairperson and Alternate Chairperson(s) shall rotate,
on an alternating basis, the duties of the Chairperson, with each
serving as the other=s assistant.
* Full-time teaching faculty members shall be construed to mean
those full-time persons having faculty status and having at least
one (1) academic year (nine-months) of continuous service during
the previous year: excluding the President, Dean of Faculty, Comptroller,
Dean of Students and all Department/Division chairpersons
B. Committee Selection
All grievances shall be filed in writing with the Chairperson
within ten (10) days after the alleged act prompting the grievance.
If the grievance is determined by the Chairperson to be within the
jurisdiction of the Committee, he shall draw a committee of nine
(9) persons as potential members of the Grievance Committee, by
lot, or other random process, from a list of eligible full-time
teaching faculty members, classified employees, or students as appropriate
to each case.
When grievances involve only faculty member(s), the Chairperson
shall draw the nine (9) member committee from full-time members
having at least one (1) academic (nine months) of continuous service
at the college. For grievances between faculty members and classified
personnel, the Chairperson shall draw four (4) members of the committee
from eligible faculty members and five (5) members from eligible
classified employees, all of whom shall have at least nine months
of continuous services at the college. For grievances involving
classified employees only, the Chairperson shall draw the nine (9)
member committee from the names of classified employees having at
least nine months of continuous service at the college. For grievances
involving students only, student and faculty members, and students
and classified employees, the above procedure should be followed
for the selection of the committee. (A student pool of currently
enrolled students will be developed by the S.G.A. President at the
beginning of each Fall Quarter.) A new committee for each grievance
shall be drawn by the Chairperson in the presence of the Chief Personnel
Officer or the Affirmative Action Officer of Bainbridge College
who shall certify to the President that the committee drawing process
has been impartially executed.
C. Eligibility for Service on Grievance Committee
All full-time employees (faculty and classified personnel as defined
in Sections V A. and III) having at least one (1) academic year
(nine months) of continuous service at the college and all currently
enrolled second year students are potential committee members of
the Grievance Committee. Employee=s names shall be removed from
the pool if:
(a) employment or enrollment terminates;
(b) an employee or student is a grievant; or
(c) an employee or student is named or otherwise
directly involved in the grievance.
D. Excusing of Panel Members
Committee members who are drawn as possible Grievance Committee
members may be excused by the Chairperson if he/she determines that:
(1) there is a bona fide conflict of interest
between the committee member(s) and either of the parties of the
(2) the potential committee member is ill; or
(3) service on the Grievance Committee should
be excused for good cause shown.
E. Selection of Grievance Committee Members
Each Grievance Committee shall consist of the Chairperson (non-voting)
and three (3) voting members chosen from a committee of nine (9),
constituted as set forth in Section V (B) above. Upon notification
of the names of the committee members, each party shall in the presence
of the Chairperson strike the names of three (3) persons from the
committee. The parties shall alternate in exercising their strikes,
beginning with the grievant, until three (3) members remain. These
three (3) members shall constitute the Grievance Committee. It
is anticipated that this Astriking@ process will be completed within
five (5) days following the selection of the committee by the Chairperson.
F. Removal of Grievance Committee Member for
A party may present a request in writing, at least three (3) days
in advance of any hearing, to the Chairperson, to remove any member
of the committee for reasonable cause. If the Chairperson grants
the request, he/she shall fill the vacancy thus created by random
selection of another member, according to the process described
in Section V (B) above, The member chosen to fill the vacancy may
likewise be removed for reasonable cause. The Chairperson may on
his own motion remove any member for reasonable cause stated.
G. Notice to Parties and Grievance Committee of
After the Grievance Committee (three (3) members) has been selected
as aforesaid, written notice of the time and date set for hearing
shall be hand delivered or mailed to the parties, and to the members
of the Grievance Committee, by the Chairperson, no less than three
(3) nor more than ten (10) working days in advance of the date set
for the hearing. This process shall be completed within thirty
(30) days after the complaint is presented to the Grievance Committee.
VI. Duties of the Chairperson
The Chairperson of each Grievance Committee shall not vote but
shall be responsible for the conduct of the hearing and implementation
of the grievance procedures. His/her duties include:
1. Assuring that all parties are familiar with the
2. Receiving the grievance and determining that:
a. It is one which is properly heard by a Grievance
Committee, (if not, the grievant shall be so notified in writing).
b. It has been timely filed as provided in Section
VII (A), below.
3. Drawing, at random, within five (5) working days
following receipt of a written grievance, a committee of nine (9)
persons as potential members of the Grievance Committee from the
pool of full-time faculty, classified employees, or students (See
Section V (B) above) as the case may be.
4. Notifying the parties:
a. whether the grievance is one which is properly
heard by a duly constituted Grievance Committee, and if so
b. that a hearing panel of nine (9) members has
been drawn and
c. that each party should come before him/her
on a date certain and strike the names of three committee members.
5. Distributing the complaint (grievance) to the members
of the Grievance Committee setting a date for the hearing after
conferring with the Committee members.
6. Convening the hearing after written notice (at least
three (3) but no more than ten (10) working days in advance of the
hearing) to the members of the Grievance Committee and the parties:
conducting and presiding over the hearing: ruling on motions of
the parties and assisting the Grievance Committee during its deliberations.
7. Assuring that a tape recording or transcript of
the hearing is made and retained for use in the event an appeal
8. Forwarding a copy of the written Findings
of the Grievance Committee to the President within ten (10) working
days after the hearing: and forwarding a copy of the Committee=s
Recommendation(s), (if any) to the President as set forth in
VII. Procedures for Requesting A Hearing
A. The grievant, within ten (10) working days after
the occurrence of the alleged act causing the grievance, shall file
a written request for a hearing with the Chairperson of the Grievance
Committee stating the following:
1. The facts of the complaint, including the
date, time, and place the act occurred and other pertinent facts,
verified (sworn to) by the grievant.
2. The names of possible witnesses.
3. A description of the evidence which tends
to support the complaint. The Chairperson, within three (3) days
from the filing of the application for hearing by the grievant,
shall determine whether the grievance is one which has been properly
and timely filed, and whether the nature of the grievance is one
which may be properly heard by a Grievance Committee. If so, the
Chairperson will instruct the parties as to the procedures to be
followed in drawing the names of the members of the Grievance Committee
and in conducting the hearing. If not, the Chairperson will notify
the parties and the President of his determination and give the
reason(s). The President may, nevertheless, direct that the grievance
be heard by a duly constituted Grievance Committee. The Chairperson
will within ten (10) days following receipt of a grievance cause
the panel and Committee members to be selected as provided in Section
V (B) above.
VIII. Hearing Procedure (An example of how to conduct a
grievance hearing can be found in the Appendix)
A. The hearing before the Grievance Committee will be
conducted in private.
B. A tape recording, transcript, or written summary
of the proceedings shall be kept and made available to the parties
concerned at reasonable cost.
C. During the proceedings, the parties concerned will
be permitted to have a participating advisor from the college and
three observers of his or her choice. These representatives may
be from GAE, AAUP, or other professional organizations. Attorneys
are not authorized to participate actively for either party.
D. The parties shall be afforded a reasonable opportunity
to obtain and present witnesses and documentary or other evidence
except personnel and other confidential records of college employees.
E. The parties concerned have the right to cross-examine
all witnesses. Where the witness cannot appear because of illness
or other cause acceptable to the Committee, the sworn statement
(affidavit) of the witness may be introduced into the record. In
such event the opposite party shall have the right to file counter-affidavits
within three (3) days following the completion of the hearing.
F. An oath or affirmation shall be administered to
all witnesses by a notary public.
G. The Chairperson will determine whether or not there
should be a time limitation for the hearing. If such a limitation
is considered appropriate, the committee will inform both parties
of the time allocated for each argument.
H. The Committee will not be bound by strict rules of
legal evidence. The Committee may receive any evidence of probative
value in determining the issues involved. Every possible effort
will be made to obtain the most reliable evidence available. All
questions relating to the admissibility of evidence or other legal
matters will be decided by the Chairperson or presiding officer.
I. The decision of the Committee, resulting in the
findings and/or recommendations, will be based on the evidence introduced
at the hearing and shall be made within ten (10) days after the
date of the hearing or within ten (10) days after receipt of the
transcript of the hearing if one is deemed necessary. The Committee
will report its decision in the form of findings and/or recommendations
to the President and to the grievant.
J. Public statements and publicity about the complaint
shall be avoided and the confidentiality of the hearing shall be
IX. Findings and Recommendations by the Committee
The Findings of the majority and Recommendation(s)
(if any) to the President from the Committee shall be written by
a member selected by the Committee at the conclusion of the hearing.
Findings shall be sent to the President, immediately upon
conclusion of the hearing, but not later than ten (10) working days
following the hearing, unless a transcript of the hearing is required,
in which event Findings shall be sent no later than ten (10)
working days following receipt of the transcript. The Grievance
Committee may in addition to its Findings, make Recommendation(s)
(if any) to the President. Findings, and Recommendation(s)
(if any) made by the Grievance Committee to the President shall
be advisory only, and shall in no way bind or commit him/her to
any suggested course of action.
X. Action by the President
In making his/her decision, the President will not be bound by
the Findings, or Recommendation(s) (if any) of the
Grievance Committee. The President, should, within ten (10) working
days after receipt of such written notification of the Findings,
and Recommendation(s) (if any) of the Grievance Committee,
advise the faculty member, classified employee, his or her direct
supervisor, student, and other parties concerned in writing of his/her
decision, or he may refer the matter back to the Chairperson for
the Grievance Committee for further response and recommendation(s)
before rendering his/her right to apply to the Board of Regents
for review of the President=s final decision in accordance with
the provisions of the Article IX of the Bylaws of the Board
XI. Time Requirements of the Review Process
This process contemplates that grievance panels should be constituted
within five (5) working days following receipt by the Chairperson
of an acceptable written grievance from any employee or student
at Bainbridge College, and that the final selection of a three (3)
member Grievance Committee from the panel should be completed within
ten (10) working days after the filing of the alleged grievance.
The Chairperson should give written notice of any hearing date to
the members of the Grievance Committee and to the parties at least
three (3), but no more than ten (10) working days prior to the date
set for the hearing. Findings and Recommendation(s)
(if any) should be forwarded by the Grievance Committee to the President
within ten (10) working days from the conclusion of the hearing
unless a transcript of the evidence is required. If a transcript
of the evidence is required, such documents should be forwarded
to the President within ten (10) working days after receipt of the
transcript from the Chairperson. The final decision of the President
should be made within ten (10) working days thereafter unless he/she
refers the matter back to the Grievance Committee for further response
XII. Prohibition of Retaliatory Action
A grievant shall not be harassed, intimidated, or otherwise penalized
for utilization of the grievance procedures. Because of the seriousness
and demoralizing effects of retaliation the grievant may at his/her
election petition the Conflict Resolution Committee (CRC) to convene
and hear allegations of retaliatory actions toward the grievant.
After hearing the allegation the CRC shall conduct a confidential
investigation to determine the validity of the alleged retaliatory
actions. If the CRC determines the accusations valid, it shall
present its written findings and/or recommendations to the President
with a copy to the disputants and the appropriate level of authority
above the disputants. If the outcome of the process is not satisfactory
to the grievant, his/her recourse will be the Grievance Procedure
for Bainbridge College.