Conflict Resolution Policy

Informal Resolution Procedure  

Step One: Employees will bring to the attention of their supervisor(s) any work-related problems or conflicts.

Step Two: If attempts to resolve the conflict/s with their supervisor are unsuccessful, the employee may request assistance by contacting the Human Resources office no later than ten (10) calendar days following the date of the conflict.  The Human Resources Director shall contact supervisors and/or other persons involved in the conflict, taking whatever reasonable action that he or she may deem advisable, to try to informally resolve the issue.

Step Three (Mediation): If the conflict is not successfully resolved in Step Two, the employee must, at a minimum, discuss and consider informal mediation.  The employee must contact the Director of Human Resources to discuss their concern/s no later than five (5) working days following the completion of Step Two without resolution of the problem or conflict.  All parties, the employee, the supervisor and other involved parties, must agree to mediation before the process can begin. Mediation shall occur within ten (10) days of written consent by the parties and the Human Resources Director shall serve as the mediator for all such matters.  The mediator shall request written position statements from all parties involved and shall hold a one (1) hour hearing where all parties may be heard.  The mediator shall have authority to limit the time and method for each party’s presentation, assuring equal treatment of all parties to the extent reasonably possible.  After the mediation, the mediator will issue a written “settlement agreement” indicating the agreed upon solution reached by the parties or a written notice of impasse indicating that a settlement was not reached and providing the reasons why.  If either party rejects mediation or if mediation does not resolve the conflict, the employee retains the option of filing a formal grievance/appeal as detailed in Section II.  Director of Human Resources will notify the employee when the informal grievance process is completed.

Formal Resolution Procedure (Grievance / Appeal): 

Application:

1. This grievance/appeal procedure shall apply to any conflicts that are not resolved by the informal grievance procedure and for complaints by employees:
   1. Against the College or other College employees charging discrimination with regard to the terms and conditions of employment.
   2. Alleging and providing a foundation supporting that a work-related problem or condition is unfair, inequitable, or a hindrance to effective performance of the employee’s job.
   3. Alleging and providing a foundation supporting that there has been a violation of the employee’s exercise of rights guaranteed by either the First Amendment to the United States Constitution or Article 1 of the North Carolina Constitution.
   4. Alleging and providing a foundation supporting that there has been discrimination against the employee based upon the employee’s race, religion, color, creed, national origin, sex, age, political affiliation, or handicapped condition.
   5. Alleging an unwarranted termination of an employee’s contract with the College prior to its expiration.
2. This grievance/appeal procedure shall not apply to grievances/appeals arising out of dismissal or demotion of non-contract employees nor to non-renewal of expired employee contracts, or to any other matter not specifically indicated herein as being covered by this procedure.  This grievance/appeal procedure does not apply to complaints or grievances of students.  Student complaints are covered by the Student Appeals Policy. This grievance/appeal procedure shall not apply to any grievance that is also the subject of a pending court action or administrative proceeding that was instituted prior to the time of filing the grievance, nor shall this grievance procedure apply to complaints of sexual or other unlawful harassment, which are covered by the Unlawful Harassment Policy.

c. Grievance/Appeal Procedure/Complaint 

A grievance/appeal complaint must be submitted by the employee (Complainant) within ten (10) working days following notification from the Director of Human Resources that consideration and/or utilization of the informal resolution process has been completed, (as outlined in Section II). The time may be extended by written agreement of both parties or by extenuating circumstances as decided by the Director of Human Resources.  If the Complainant does not meet the stated or extended time limitations, the grievance/appeal will not be accepted or considered and it cannot be resubmitted.

Processing timelines for each level of the grievance/appeal process are detailed below. If processing time limitations are not met by the designated reviewer(s) at any level, the Complainant may request that the grievance/appeal be elevated to the next level.

Step One: The Complainant must present a grievance/appeal memorandum as described below to the Director of Human Resources or designee. The grievance/appeal memorandum will be reviewed by the Director of Human

Resources and appropriate Vice President within two (2) working days to determine if it meets the definition of a grievance /appeal per this policy, and notification will be provided to the Complainant in writing as to the status of the grievance/appeal (either accepted or denied with reasons for such denial). Such notification will describe the next procedural steps for the grievance/appeal.

Grievance/Appeal Memorandum (Exhibit 1) must include:

1. A statement concerning the basis of the grievance or appeal that identifies the specific:
   1. College rule, regulation, policy, or procedure that has allegedly been violated, inequitably applied, or misinterpreted.
   2. What work-related problem or condition is unfair, inequitable or a hindrance to effective performance of the Complainant’s job.
   3. Foundation supporting how there has been a violation of the Complainant’s exercise of rights guaranteed by either the First Amendment to the United States Constitution or Article 1 of the North Carolina Constitution.
   4. Foundation supporting how there has been discrimination against the Complainant based upon the Complainant’s race, religion, color, creed, national origin, sex, age, political affiliation, or handicapped condition.
   5. Basis for a claim that the College is acting unlawfully or is unjustified in termination of a Complainant’s employment contract prior to its expiration.
2. The attempts made by the Complainant to solve the grievance/appeal through immediate supervisors, Employee Relations Assistance, and/or informal mediation.
3. The results of those attempts.
4. The remedy or corrective action sought by the Complainant.
5. The signature of the Complainant on the dated memorandum.

Step Two: The Complainant shall, within ten (10) business days after notification of failure of resolution through the Informal Complaint Process, meet with the next level in their reporting structure to discuss the matters included in the Grievance/Appeal Memorandum    The supervisor will investigate the grievance/appeal, make a decision, and inform the Complainant of the finding, in writing, within ten (10) business days after the meeting. The written statement will identify the basis of the decision.  If the supervisor does not have the authority to resolve the grievance/appeal or if the grievance/appeal directly involves actions by this supervisor, the Complainant may request permission from the Director of Human Resources to bypass this step and to proceed directly with Step Three. 

Step Three: If the grievance/appeal is not resolved at Step Two, the Complainant may request a meeting with the next level of management in the chain of command within five (5) business days after receipt of the supervisor’s written decision. The Complainant shall be notified of the date of the meeting within five (5) business days of receipt of the request for a meeting.  The Complainant shall provide the Grievance/Appeal Memorandum and any relevant supplements information to the next level of management at least two (2) business days prior to the meeting.  The Complainant shall be notified in writing of the decision regarding the grievance within ten (10) business days after the meeting.  

If the employee’s grievance/appeal directly involves actions by this next level of management, then the employee may bypass this step and proceed to the next elevated level of management within the chain of command.  If the employee’s grievance/appeal directly involves actions by a Vice President, the complainant may request a non-involved Vice President to review the Grievance/Appeal Memorandum and any relevant supplemental information and to meet with the Complainant.   The employee must advance through all non-involved levels of management within his/her chain of command before proceeding to Step Four. 

Step Four (Hearing): If the grievance is not resolved at Step Three, the Complainant may request a hearing before a Grievance Committee by submitting a written request with the Grievance/Appeal Memorandum and any relevant supplemental information to the College’s Director of Human Resources.  The request for a hearing must be made within five (5) business days of receipt of the decision of a Vice President. 

Upon receipt of a timely written request for a hearing, the Director of Human Resources shall notify the President of the request for hearing. Under the direction of the President a Grievance Committee shall be formed to review the matter. The Grievance Committee shall consist of up to five full-time employees appointed by the President distributed among the following categories: (a) vice presidents; (b) supervisors; (c) support staff; and (d) faculty.  The Faculty Executive Committee (FEC) officers will make faculty Committee member recommendations for consideration of the President and the General Staff Team (GST) officers will make support staff Committee member recommendations for consideration of the President.  The Complainant will select one full-time College employee to serve on the Grievance Committee.

Employees shall be notified of their service on the Grievance Committee within five (5) business days after receipt of the Grievance/Appeal Memorandum with any relevant supplemental information and a written request for a hearing date. Employees who are unable to serve on the Grievance Committee may request to be excused from service.  All requests to be excused from service shall be directed to the President’s Office within two (2) business days after notification of selection.   The President shall decide whether the individual shall be excused from service.

The Director of Human Resources shall convene the Grievance Committee no later than fifteen (15) business days after receipt of the Complainant’s request for a hearing at a date, time and place determined by the Director of Human Resources.

The Complainant shall have the opportunity to appear before the Committee and shall have the right to present evidence via documents and testimony of witnesses.  College employees against whom the complaint is directed shall have the right to attend the hearing and present documentary evidence and witnesses.   The hearing will be conducted in accordance with the hearing rules provided herein.   The Director of Human Resources will provide a copy of the Hearing Rules to the Complainant and all other necessary parties at least two (2) business days prior to the hearing.

The Complainant or the defendant employee may not have legal counsel or anyone outside the college accompany them in the hearing.  Each party may be accompanied at the hearing by an institutional peer who will act as an observer.  The observer will not participate in the hearing but can be consulted by the party whom they are accompanying.  Each party shall notify the Human Resources Director of the name, position with the College, and address of the observer at least two (2) business days prior to the date of the hearing.

Within five (5) business days after adjournment of the hearing, the Committee shall provide a written report and recommendation regarding its findings and shall forward copies to the President’s Office and the Director of Human Resources.  

Step Five: After receipt of the written recommendation from the Committee, the President shall review the Committee’s report, recommendations, and other materials and shall, within ten (10) business days after receipt, either adopt the recommendation of the Grievance Committee, make his/her own determination, or remand the matter back to the committee for further findings.  The President shall notify the Complainant and the Director of Human Resources of this determination in writing.

The President may request further testimony from the Complainant and/or others involved in the grievance/appeal before making a decision. The decision of the President shall be final and shall not be subject to further review by College personnel.

Hearing Rules 

These rules give guidance and direction to the grievance/appeal hearings conducted pursuant to Step Four of the College’s Grievance Procedure.

1. Rules of Conduct

The hearing shall be conducted by the Chairperson of the Grievance Committee (the “Committee”).  The Chairperson shall be selected by the College’s President prior to convening the hearing.  The Chairperson’s duties and powers are set forth herein.  Where this procedure and the Grievance/Appeal Procedure are silent, the Chairperson shall have discretionary authority to act after consultation with the members of the Committee.

The Chairperson shall:

1. Call the hearing to order and 
2. Record the date, time and place of the hearing
3. Note the presence of the members of the Committee, the Assistant, the Complainant, the College employee against whom the grievance is directed (the “College employee”), and their observers 
4. Instruct those persons present about the confidential nature of the proceedings. Such instruction will be repeated to each witness prior to the witnesses’ testimony.  
5. Ensure that all parties sign the required confidentiality statement.  After the receipt of the signed statements, 
6. Briefly state the matter(s) at issue and receive into the record any materials provided by the Complainant prior to the hearing.

The President will appoint one employee (the “Assistant”) to assist in the operation of the hearing.  The Assistant will sign a Confidentiality Statement.  The Assistant will not be a member of the Grievance Committee, nor will the Assistant participate in the deliberations and decision making of the Committee.  The Assistant shall be responsible for taking notes of the proceedings and providing such assistance as may be required by the Chairman and the Committee.   The Assistant’s notes along with any documentary evidence will be made part of the hearing record; the record shall remain confidential.  

The Complainant will present his/her concerns and/or work-related problems first through the testimony of witnesses or the production of documentary evidence. After the Complainant has finished his/her presentation, the College employee shall have the opportunity to present evidence.  At the close of all evidence, the Complainant and the College employee shall have the opportunity to present a brief summation and/or rebuttal.   The Chairperson shall have the right to set a time limit on the summation/rebuttal.

The Chairperson will attempt to ensure that both the Complainant and the College employee have a full and equal opportunity to present evidence.   However, the Chairperson shall have the right to determine the relevance and materiality of any evidence presented.  The Chairperson may exclude irrelevant testimony and may direct the parties to the proceedings to focus their presentations on the issue(s) before the Grievance Committee.  The parties should avoid presenting repetitive and cumulative evidence.

No cross-examination of witnesses or parties will be allowed.  However, members of the Committee may ask questions of the Complainant, the College employee, and any witnesses.  The party presenting a witness may question the witness or the witness may make a statement to the Committee.

The Chairperson shall have the power to adjourn the hearing and reconvene it at a later date if necessary.  After the close of all evidence, the Committee shall meet and reach a decision with regard to the issue(s) presented by the Complainant.  The Committee’s report and decision shall be presented in writing to the Director of Human Resources and the President within five (5) business days after adjournment of the hearing. 

2. The Role of the Observer 
   Both the Complainant and the College employee have the right to be accompanied by an institutional peer who will act as an observer.  The observer’s role shall be to give advice and counsel to the party represented.  The observer shall not give or direct any testimony or other evidence, question witnesses, or make any statements to the Grievance Committee during the course of the hearing.
3. Witnesses
   Both the Complainant and the College employee have the right to present the testimony of witnesses.  Witnesses eligible to give testimony include only current and former employees of the College who can present testimony or documentary evidence that is relevant and material to the issue(s) before the Committee. Witnesses who are not current or former employees of the College may be allowed to testify at the discretion of the Chairperson.  The Chairperson shall have the right to determine the relevance and materiality of any evidence presented by any witness.  The Chairperson may exclude irrelevant testimony and may direct the witnesses to focus their presentations on the issue(s) before the Grievance Committee.
   All witnesses, other than the Complainant and the College employee, shall be excluded from the hearing room during the testimony of other witnesses; a waiting room will be provided.  Witnesses will be summoned to the hearing by the Assistant when called by the Complainant or the College employee.
4. Confidentiality
   The very nature of these proceedings demands confidentiality.  Consequently, all members of the Grievance Committee, the Assistant, the Complainant, the College employee, witnesses and observers shall sign a confidentiality agreement prior to participating in the hearing.  Those persons who refuse to sign such a statement will be excluded from the hearing by the Chairperson.  In addition, those persons who are not parties, observers or witnesses shall be excluded from the hearing by the Chairperson.

Definitions:

1. For the purposes of these procedures, “business days” shall mean Monday through Friday, excluding legal holidays when the College is not open.
2. Any written notice required by the policy shall be transmitted by certified mail, return receipt requested, email, fax, or hand delivered.