Section 5: Staff

5.1 Classification

Secretaries/administrative assistants, operations/maintenance employees, bookstore staff and library staff employed by Meridian Community College are classified as staff personnel.

5.2 Employment

Meridian Community College has a systematic method of insuring that equal opportunities for employment are available to all interested persons without regard to race, color, religion, sex, national origin, age, or disability.

5.3 Initial Employment

All full-time personnel will be hired by the Human Resource Director. A committee will be chosen and approved by the President. Once confirmed, the committee will interview all applicants considered and make a recommendation of hire. Once the applicant has been approved by the president, the Human Resource Director will offer the applicant the position. A letter will be sent to all other applicants by the Human Resource Director. All part-time employees will be hired and processed by the areas of supervision.

5.4 Dismissal

Staff employees may be dismissed by the President for any good cause. An immediate supervisor who believes that he/she has cause for dismissal of a staff employee should make a recommendation to the President. Causes for dismissal may include incompetence; neglect of duty; conduct which adversely affects the ability of the individual to fulfill responsibilities of his/her position description; failure to fulfill terms of employment contract; persistent absenteeism and/or tardiness to work; dishonesty in the performance of his/her job; conduct which endangers others in the work place; conduct or behavior which adversely affects the institution’s reputation or standing in the community; failure to render good customer service to students, other employees, campus visitors and others who use college services; and/or other good cause.

Suspension is the temporary removal of an employee from their responsibilities for the purpose of investigating charges, which could lead to dismissal.

The President must be notified by the immediate supervisor of any pending dismissal prior to any action being taken against an employee. (Board approved 5/05) 

5.5 Staff Compensation

5.5.1 Determination of Employee Compensation

Compensation for all college personnel is determined by the District Board of Trustees upon recommendation by the President. Factors that typically influence the President’s recommendations to the Board in regard to new hires, include, but are not limited to: (a) the candidate’s previous work experience; (b) the candidate’s educational attainment; (c) compensation currently being offered for like positions in the private sector or by other public colleges; and (d) the current state of the College’s finances.

Compensation for existing college personnel is also determined by the District Board of Trustees, by recommendation of the President, as a component of the annual budget process. The President’s recommendations to the Board are typically influenced by: (a) the current state of the College’s finances; and (b) Legislative recommendations. Only existing employees in good standing (not on probation) are eligible to be considered for an increase in compensation. Employees hired with a start date after March 31st will be compensated on the current year salary sale/salary offered and are not eligible for an increase in compensation until the budgeting cycle for the following fiscal year. 

Full-time faculty and professional staff are contracted annually on a salaried basis. Non-professional staff are compensated at an hourly rate. Employees on annual contract or those working on an hourly rate are not guaranteed continued employment from one year to the next, nor that the level of his/her compensation will increase or remain constant.                                                                                                                                        
Compensation for all part-time (adjunct) faculty is determined on the basis of an hourly rate established by the Board of Trustees. Any deviation from the established hourly rate must be approved in advance by the President.

5.5.2 Educational Achievement

Recognizing the value to the College of educational achievement of employees, the following increase in annual salary will be given to a full-time employee who, during employment at MCC, attains the following degrees:

*Persons who earn a doctoral degree subsequent to a specialist’s degree will be awarded an additional $500 increase.

The increase in salary will become effective based on the date the diploma, certificate, or degree was awarded. For diplomas, certificates or degrees earned in May, the effective date for the increase in pay will be the beginning of the new contract for that employee for the next fiscal year. If a diploma, certificate or degree is awarded in August or December, the effective date of the increase in pay will be granted on the next payroll processed after submission of the official transcript to the Human Resource Office. (Board approved 6/14/05)

Note: No increases will be awarded for degrees of a lower level than the highest an employee has already earned, i.e., no increase for an Associate Degree for an employee already holding a bachelor degree.

5.6 Work Schedule

The normal work week provides for 39 hours, 8:00 a.m.-4:30 p.m. Monday through Thursday and 8:00 a.m.-3:30 p.m. Fridays, with a 30-minute lunch break. Employees must clock out for lunch break. Each employee has the option of arranging with his/her immediate supervisor to make up an hour each week for a 40-hour work week. A 15-minute break is allowed, when the work schedule permits, each morning and each afternoon, except Friday afternoon. (Weekly pay periods run from 12:01 a.m. Saturday to 12 midnight Friday.) In some cases, employees are allowed to operate under a flex schedule. In those cases, employees are not allowed to operate under that flex schedule during the weeks the College is closed for a holiday or break as employees are required to make up their hours on the working days of that week. (Revised 09/12/2023; Revised 11/14/2023) 

5.7 Overtime and Fair Labor Standards Act Policy

To be in compliance with the Fair Labor Standards Act, Meridian Community College has adopted the following policies.

1. The College is covered by the minimum wage and overtime provisions of the Fair Labor Standards Act, as amended. Faculty, administrative, and other professional staff are exempt from the provisions of this policy.
2. Time cards/time sheets are utilized to record the hours worked by non-exempt employees. Employees who voluntarily come in before their regular starting time or stay after their regular stopping time need not be paid for such periods unless they are actually working. Early or late reporting may be adjusted by the supervisor and should be acknowledged by the employee with the employee’s initials on each change to the time sheet record.
3. The workweek at the college consists of seven (7) consecutive 24-hour periods beginning at 12:01 a.m. on Saturday morning and ending at midnight on Friday. Weekly hours worked may be rounded to the nearest quarter hour for purposes of payroll calculations.
4. In most instances, overtime is earned only when a non-exempt employee actually works in excess of forty (40) hours during a workweek. The time associated with paid personal/sick days or holidays at the College will not be used toward overtime calculations.
5. Personnel required to work on any of the holidays shown below will be compensated at 1½ times their normal rate of pay.

Holidays:

• New Year’s Eve
• New Year’s Day
• Martin Luther King, Jr / Robert E. Lee Day
• Good Friday
• Memorial Day
• Independence Day
• Labor Day
• Thanksgiving Day
• Christmas Eve
• Christmas Day

6. When overtime is worked by a non-exempt employee, the following general procedures will be followed:
   1. College employees may be eligible to receive compensatory time for work in excess of their normal workweek in accordance with the provision of the Fair Labor Standards Act. All hours worked in excess of 40 hours per week will accrue on an hour and a half earned per hour worked basis. Employees must use compensatory time within a reasonable period of time after it is earned. The supervisor may request that the employee be paid for hours worked in excess of the normal workweek in lieu of accruing compensatory time.
   2. Upon termination, employees must be paid for unused compensatory time. The rate of pay will be the final regular rate received by the employee, or an average of the employee’s regular rate for the last three (3) years of employment, whichever is greater.
   3. No payment for overtime will be permitted to a college employee unless approved by the immediate supervisor of the employee in advance. An employee who exceeds the normal workweek without proper authorization will be subject to disciplinary action. Repeated violations of the policy may result in disciplinary action up to and including termination.
   4. The College will count authorized enrollment in course work by an employee during the work week as hours worked and will not deduct this time from hours worked in the standard work week.
   5. The supervisor is required to approve the scheduling of accrued compensatory time for employees and may consider workload and other factors in approving the request for use of compensatory time by an employee.

5.8 Payroll

All staff employees, except library staff, are paid bi-weekly by direct deposit to the bank of his/her choice. Deductions for federal income tax, social security tax, and public employee retirement fund are automatically made. Deductions may be, at the option of the employee, for insurance premiums and credit union payments.

5.9 Holidays

Full-time staff employees working more than forty-five weeks per year are allowed the following paid holidays: July 4, Labor Day, Fall Break (2 days in October), Thanksgiving (5 days), Christmas (determined each year), January 1, Martin Luther King’s Birthday, Spring Holidays (1 week), Easter (4 days), Memorial Day, and Juneteenth. Employess will receive credit for the number of hours normally worked on their standard schedule as holiday hours; this is typically 8.25 hours for Monday through Thursday and 7 hours on Friday. In some cases, employees may be allowed to operate under a flex schedule. In those cases, employees are not allowed to operate under that flex schedule during the weeks that the College is closed for a holiday or break as employees are required to make up their hours on the working days of that week.  (Revised 09/12/2023)

5.10 Absences and Leave Time

The College recognizes excused absences for employees in certain circumstances. The following policies for earning and utilizing sick leave and annual leave are applicable to full-time hourly employees. Full-time hourly employees are defined as those who work a minimum of 32 hours per week on a continual basis.

Note: One exception to this policy occurs during the peak season for various departments. Some part-time employees may work over 32 hours and not accrue annual and sick leave, if the increase in hours worked is due to the peak season of that department and not a continual employment relationship.

5.10.1 Sick Leave

Each full-time employee of Meridian Community College who is unable to perform his duties because of personal illness, injury or because of serious illness or death in the immediate family is entitled to sick leave with regular pay within the limits of this policy. As required by the Family Medical Leave Act (FMLA), MCC provides 12 weeks of Family Medical Leave. However, the 12 weeks of FMLA leave INCLUDES any sick leave earned and is NOT in addition to earned leave. (Board approved 09/12/2023)

Each full-time staff employee is allowed sick leave at the rate of twelve (12) days per year. There is no maximum number of days that may be accumulated. Leave is awarded each month. (Board approved 3/04)

Utilization of sick leave shall be upon recommendation of each employee’s immediate supervisor. In cases of prolonged absence or frequent short-term absences, documentation of illness may be required at the discretion of the President.

The President of Meridian Community College shall report to the Board of Trustees those cases wherein an employee must utilize more than 30 consecutive days of sick leave. (Board approved 9/74)

(Revised 09/12/2023)

5.10.2 Extraordinary Sick Leave

Employees who have exhausted their paid sick leave and/or paid annual leave benefit may petition the President to authorize up to 30 additional paid sick days under extraordinary circumstances. The President shall consider such petitions on a case-by-case basis, weighing such factors as (1) counsel from the employee’s immediate supervisor as related to the quality of the employee’s work performance, including continuity of service; (2) the employee’s length of service with the College; and (3) the circumstances prompting the petition. Extraordinary sick leave days do not have to be paid back to the institution, but should not be viewed as a guaranteed nor an expectant employee benefit and can only be authorized by the President through authority granted him/her by the District Board of Trustees for employees with at least 1 year of service to the College.

5.10.3 Annual Leave (Vacation Time)

Employees with 52-week contracts are provided annual leave on the following basis:

• Persons with less than 10 years at MCC 10 Annual Leave Days
• Persons with 10 to 14 years at MCC 12 Annual Leave Days
• Persons with 15 to 19 years at MCC 14 Annual Leave Days
• Persons with 20 or more years at MCC 16 Annual Leave Days

Annual leave credit for staff will be recorded at the end of each month. There is no maximum accumulation allowance. Upon termination of employment, Meridian Community College will pay for no more than 30 days of accumulated personal leave, as allowed by State Law for state employees in Section 25-3-93 of the Mississippi code. The amount paid shall equal the employee’s daily rate of pay times the accumulated number of days earned, not to exceed 30. After the budget process, the employees’ hourly wage is determined by dividing the annual salary by 2,080 hours. Any new employees hired after this time on an hourly basis are hired based on an hourly wage. Therefore the daily rate for hourly staff positions is calculated by multiplying the hourly wage times 8. Unused personal leave in excess of 30 days shall be counted as creditable service for the purposes of the retirement system as provided in Section 25-11-103 and 25-13-5. (Board approved 4/11/98) Leave records are maintained in the Business Office. While these are available for information, questions should be directed to the employee’s immediate supervisor.

Annual leave requests should be based upon a mutual review of program needs by the employee and the immediate supervisor. Employees are not allowed to use more than 160 hours of annual leave within a 3-month period without prior written approval from the President or completing a FMLA form with the Human Resources department. (Revised 09/12/2023) 

As required by the Family Medical Leave Act (FMLA), MCC provides 12 weeks of Family Medical Leave. However, the 12 weeks of FMLA leave INCLUDES any annual leave earned and is NOT in addition to earned leave.

5.10.4 Military Leave

Meridian Community College grants time off with pay for up to 15 days for those employees who meet the requirements of Section 33-1-21 of the Mississippi Code, 1972 Annotated while they are serving in a military capacity. This code section is applicable to the following employees: “those who are members of any of the reserve components of the armed forces of the United States, or former members of the service of the United States discharged or released therefrom under conditions other than dishonorable, shall be entitled to leave of absence from their respective duties, without loss of pay, time, annual leave or efficiency rating, on all days during which they shall be ordered to duty to participate in training at encampments, field exercises, maneuvers, outdoor target practice, or for other exercises, for periods not to exceed fifteen (15) days, and all such officers and employees shall for such periods in excess of fifteen (15) days, be entitled to leave of absence from their respective duties without loss of time, annual leave, or efficiency rating until relieved from duty, and shall when relieved from such duty, be restored to the positions held by them when ordered to duty, or a position of like seniority, status, and pay; provided that such person: (1) when discharged or released from the armed forces shall have received a certificate of satisfactory completion of service, (2) shall be still qualified to perform the duties of such position, (3) shall make application for re-employment within ninety (90) days after the passage of this chapter or within ninety (90) days after such person is relieved from such training and service or released from hospitalization for a period of not more than one (1) year for causes attributable to such services.”

5.10.5 Family Medical Leave

Eligible Employees are those who have worked at MCC for at least one year and for at least 1250 hours during the previous 12 months. The Family Medical Leave Act provided for 12 weeks of UNPAID, job-protected leave to “eligible” employees for certain family and medical reasons. Sick or Annual leave can be used with Family Medical Leave, but it will run simultaneously and not be added to the 12 weeks.

Reasons for taking Family Medical Leave are:

1. to care for the employee’s child after birth, or placement for adoption or foster care;
2. to care for the employee’s spouse, son or daughter, or parent, who has a serious health condition, or;
3. for a serious health condition that makes the employee unable to perform the employee’s job.

Advance notice and medical certification is required 30 days in advance if “foreseeable”. Health Insurance for each employee will be maintained during the 12 weeks with the employee paying any of their share for family coverage. Upon return, employees will be restored to their original or equivalent position with equivalent pay, benefits and other employment terms. The use of FMLA leave will not result in the loss of any employment benefits that accrues prior to the start of an employee’s leave.

5.10.6 Personal Leave Policy

All full-time employees of Meridian Community College are eligible to take up to four (4) personal leave days. This benefit has been created so that employees will have an opportunity to address unexpected circumstances which may occur of a personal nature that would cause the employee to have the need to be off from work.

Personal leave days are charged against the employee’s sick leave benefit and must be used within the employee’s contract period. Personal leave days do not accrue from one year to the next.

The employee is not generally obligated to inform the supervisor of the reason for needing a personal day, as it is understood that the nature of the request is “personal.” However, the employee should make every effort to provide their immediate supervisor with as much advance notice as possible as to the time needed off (although it is understood that some circumstances preclude notice).

Moreover, employees are expected to be reasonable and honorable in making requests for personal leave, meaning there are obviously certain days that if taken off would prove particularly disruptive to the functionality of the work unit. Employees are expected to take such into consideration before requesting a personal leave day. Barring emergency circumstances, requests for personal leave days are particularly discouraged as a means of extending an already established college holiday or break.

Under such circumstances that an employee requests a personal leave day which the immediate supervisor deems would unreasonably interfere with the functionality of the work unit, the supervisor has the right to inquire as the nature of the request and disapprove same if the rationale for the request, in the considered opinion of the supervisor, is not of sufficient gravity as to warrant the disruption of the functionality of the work unit. (Board approved 3/01; Revised from 2 to 4 on 6/08)

5.10.7 Donated Leave Policy

Any employee may donate a portion of his or her earned annual leave and/or sick leave to another employee who also earns sick leave and is suffering from a catastrophic injury or illness, or to another employee who has a member of his or her immediate family who is suffering from a catastrophic injury or illness, in accordance with the following:

“Catastrophic injury or illness” means a life-threatening injury or illness of an employee or a member of an employee’s immediate family which totally incapacitates the employee from work, as verified by a licensed physician, and forces the employee to exhaust all leave time earned by that employee, resulting in the loss of compensation for the employee. Conditions that are short-term in nature, including, but not limited to, common illnesses such as influenza and the measles, and common injuries, are not catastrophic. Chronic illnesses or injuries, such as cancer or major surgery, which result in intermittent absences from work and which are long-term in nature and require long recuperation periods, may be considered catastrophic.

The employee donating the leave (the “donor employee”) shall designate the employee who is to receive the leave (the “recipient employee”) and the amount of earned annual leave and/or sick leave that is to be donated, and shall notify the donor employee’s supervisor of his or her designation and complete a Request for Donation form with the Business Office. Leave balances will be verified by payroll personnel and approved by the Assistant to the President for Finance/CFO. After review and approval, the recipient employee and the recipient’s supervisor shall be notified of the amount of leave that has been donated by the donor employee to the recipient employee.

The maximum amount of earned annual leave that an employee may donate to any other employee may not exceed a number of days that would leave the employee with fewer than seven (7) days of annual leave left, and the maximum amount of earned sick leave that an employee may donate to any other employee may not exceed fifty percent (50%) of the earned sick leave of the donor employee. All donated leave shall be in increments of not less than eight (8) hours. If annual leave and sick leave are donated by the same employee, sick leave will have precedence over annual leave (sick leave will be utilized before annual leave). If an employee has been approved for extraordinary leave, this should be utilized before any donated leave is used.

The maximum period of time that an employee may use donated leave without resuming work at his or her place of employment is ninety (90) working days, which commences on the first day that the recipient employee uses donated leave. Donated leave that is not used because a recipient employee has used the maximum amount of donated leave authorized under this paragraph shall be returned to the donor employees based on a pro rata basis, based on the ratio of the number of days of leave donated by each donor employee to the total number of days of leave donated by all donor employees. No employee can donate leave within thirty (30) calendar days of termination.                                                                                                                                                                                                                                                                                                                   
An employee must have exhausted all of his or her earned annual leave and sick leave before he or she will be eligible to receive any leave donated by another employee.

Before an employee may receive donated leave, he or she must provide the Human Resource Office with a physician’s statement that states the beginning date of the catastrophic injury or illness, a description of the injury or illness, and a prognosis for recovery and the anticipated date that the recipient employee will be able to return to work.

If the total amount of leave that is donated to any employee is not used by the recipient employee, the donated leave shall be returned to the donor employees on a pro rata basis, based on the ratio of the number of days of leave donated by each donor employee to the total number of leave days donated by all employees.

For the purpose of this policy, “immediate family” means spouse, parent, stepparent, sibling, child, stepchild, or ward (where the employee is his/her legal guardian). (Board approved 6/14/05)

5.10.8 Organ Donor Leave Policy

This policy is intended to provide time off with pay for full-time MCC employees who donate an organ, or bone marrow. An employee may use up to thirty (30) days of organ donation leave in any twelve-month period to serve as a bone marrow donor, and up to thirty (30) days or organ donation leave in any twelve-month period to serve as an organ donor.

Organ donation leave days do not have to be paid back to the institution, but should not be viewed as a guaranteed nor an expectant employee benefit and can only be authorized by the President through authority granted him/her by the District Board of Trustees for employees with at least 1 year of service to the college.

An employee shall not be required to use accumulated sick or annual leave time before being eligible for organ donor leave. (Board approved 6/14/05)

5.10.9 Administrative Leave

In accordance with Mississippi Code 25-3-92(2)(b), the President of the MCC, as our appointing authority, may grant administrative leave with pay “during a time of extreme weather conditions or in the event of a man-made, technological, or natural disaster or emergency.” Understanding that at times of such an emergency, administrative leave may be granted to reduce risk to our students, faculty and staff for infection or transmission of disease, or other dangers related to disasters or emergencies.

This leave may also be granted for periods of quarantine, for the benefit of that employee, their immediate family member or other students, faculty or staff. During such time, the employee will not be allowed to return to the college campus.

The President of the college will determine the circumstances that are approved for this leave and the extent of the leave for any and/or all employees of the College.

During the time that employees are given administrative leave, they will not be required to use any accumulated sick leave or annual leave. This administrative leave shall not apply to any employee who was not currently working in a permanent full-time or permanent part-time capacity at the time of the emergency.

Employees who can continue their job duties in a telework arrangement are encouraged to do so, and as such, are not on administrative leave while continuing to perform their job functions. Some employees may be granted some administrative leave on a part-time basis, if the telework arrangements do not require the amount of time that they normally work to perform their job. Administrative leave shall never compensate an employee for more than their normally scheduled salary/wage.

All decisions related to an administrative leave occurrence will be disclosed to the board of trustees at the next scheduled board meeting. (Board approved 4/15/20)

5.10.10 Other Absences

Any other absence is without pay. Excessive unexcused absences constitute reason for dismissal.

5.11 Staff Grievance Procedures

The purpose of the staff grievance process is to provide college staff with a process to resolve grievances, complaints or concerns in an equitable, orderly and timely manner.

5.11.1 Definitions

A grievance is a difference or dispute between one or more college staff and one or more members of the college’s faculty or staff. Typically, a grievance is related to the conduct of the college’s staff, administration or faculty in the performance of his/her official job responsibilities in administering policies of the college or carrying out their assigned duties. A grievance may result when a staff member, faculty member or a student fails to comply with college rules, policies or state or federal law. A staff member who experiences difficulties with another staff member, a faculty member or a student such as harassment, intimidation or verbal assaults that seem to be rooted in racial/ethnic prejudice or bias based upon gender, age, disability status, or other unknown factors may file a grievance following the procedures outlined in this policy. A staff member may also follow the procedures outlined in this policy to initiate an investigation if he/she believes that he/she has been harassed or threatened in some manner by an individual who is on the college campus as a vender, contractor or visitor.

5.11.2 No Retaliation

A staff member who files a grievance under this policy is assured to the extent permitted by law that he/she may do so without fear of retaliation by the college or any member of its faculty, staff, administration, or Trustees.

5.11.3 Informal Procedures

Grievance should be raised within ten (10) calendar days following the event giving rise to the specific complaint. Resolution of grievances initiated by staff members is sought informally at the departmental or divisional level through conferences and discussion between his/her immediate supervisor and staff member if possible. If the complaint involves allegations of harassment, both the complaining staff member and the alleged harasser may be accompanied by a person of their choice for support and guidance during the informal investigative process. If the complaining staff member and the alleged harasser feel that a resolution has been achieved informally, then the conversation may remain confidential and no further action will be taken.

If a complaining staff member, an alleged harasser, college employee or dean chooses not to utilize the informal procedure, or feels that the informal procedure has been inadequate or has been unsuccessful, he/she may proceed to the formal written procedure.

5.11.4 Formal Procedures

A staff member who believes that he/she has been the victim of discrimination or harassment based upon disability status, sex, age or race/ethnicity should file a written grievance in accord with the following procedures in order to assure that the institution has an opportunity to respond properly and/or to seek corrective action.

Grievances involving unfair, arbitrary or capricious treatment in any of the College’s programs or services should also be filed in accordance with the stated formal procedures of this policy. While the filing of a written complaint activates the formal grievance process, the College will seek to thoroughly investigate all complaints whether initially presented orally or in writing.

It is the desire of the college to settle all grievances as fairly and expeditiously as possible. If the grievance cannot be resolved informally, the aggrieved staff member may file a written grievance with his/her immediate supervisor, his/her next level supervisor, or the Dean or Vice President who has administrative responsibility for the department or division of the College where the grievance is lodged. The responsible administrator will forward the grievance to the chair of the Appeals Council. The chair of the Appeals Council will convene the committee to thoroughly investigate and hear the grievance.

If the grievance involves a supervisor, a particular dean or if the aggrieved party believes that a conflict of interest exists with the particular dean or supervisor he/she may elect to file the written grievance directly with the appropriate Vice President.

The chair of the Appeals Council will convene a hearing of all parties to the grievance within five (5) calendar days of the receipt of the written grievance. The Appeals Council will review all evidence, written statements from the various parties, and other supporting information submitted in writing by the aggrieved party and pertinent employees of the college. The staff member who presents the grievance will be advised of his/her right to be represented by counsel or other advisor at the hearing at his/her own expense. The staff member will have a right to make a copy of any evidence presented at the hearing at his/her own expense. Should the staff member not appear at the time and place set for the hearing, the hearing will be held in the staff member’s absence.

Following deliberations, the Council, by a simple majority, will produce a recommendation and a written report that it will submit to the appropriate Vice President or President of the college. The report and recommendation of the Council will be submitted to the Vice President within five (5) calendar days following the conclusion of the Council’s deliberation. Copies of the report and recommendation(s) will be supplied to all parties to the formal grievance.

Within ten (10) calendar days following receipt of the Council’s report, the vice president will consult with the aggrieved staff member in order to determine if the Council’s solution is mutually acceptable to the aggrieved party and the College. If the recommended solution is not mutually acceptable, the Vice President shall submit to the President within five (5) calendar days all pertinent information related to the grievance including the Council’s report. The President is the final arbitrator of all grievances. The President may approve extensions to time frames stated in this policy in exceptional cases.

5.11.5 Notification of Findings

It is the responsibility of the college to provide all staff member who present grievances to the College written notification regarding the results or actions taken to address his/her grievance. The College will notify the aggrieved staff member in writing within five (5) calendar days of the receipt of the grievance. As indicated above, the chair of the Grievance Committee will notify the staff member presenting the grievance of the time and place for the grievance hearing within five (5) days of the receipt of the written grievance. If more time will be required in order to conduct a fair and thorough investigation of the grievance, the staff member and all parties to the grievance will be so notified.

Once a mutually acceptable solution has been reached in the grievance process the College will provide the aggrieved staff member with a memorandum of agreement outlining the proposed solution within ten (10) calendar days of the resolution.

If a grievance is referred to the President, within ten (10) calendar days following the receipt of the grievance report from the Vice President, the President will render a decision in writing with copies being sent to all parties to the grievance appeals process. The decision of the President will be final under the provisions of this procedure. Copies of the grievance, the report and recommendations of the committee, all related correspondence, and the President’s decision will be placed on file and retained in the President’s office for a period of five (5) years.

5.11.6 Protection of Confidential Information

Personal information regarding the complainant, alleged harasser(s), witnesses, or participants in the investigation of a grievance will be protected from disclosure to the extent permitted by the investigative process and the nature of the complaint. The College is precluded from releasing certain personal information about faculty, staff and students. In many cases this prevents the College from telling a complainant about the sanctions imposed on individuals found to be guilty of harassment or other offenses. However, the College will assure a staff member who files a grievance that the corrective actions taken will be structured and calculated to deter future problems, if possible. In addition, the complainant will be told of any monitoring mechanisms established to prevent recurrence.

5.11.7 Outcomes/Corrective Actions

The results of formal staff grievance hearings will be based upon the facts and circumstances of the particular grievance. Outcomes of grievances and corrective actions will be tailored to the specific grievance. Some may require no action or informal verbal agreements while others involving serious breaches of policy or law may require significant action in order to remediate or correct.

If the conduct at issue is not found to be sufficiently severe, pervasive, or persistent to violate the college’s policy, the College will still consider action geared to address the staff member’s concerns. Serious findings during a grievance investigation may result in a recommendation by the president to the Board of Trustees that a faculty member or staff member be warned or placed on probation for a specified period of time. The most extreme or grievous findings may result in the suspension of an employee for a specified period of time or a recommendation of termination. The President will submit recommendations for terminations to the Board of Trustees for approval.

Errors in judgment which are not rooted in a clear intent to discriminate or treat others unfairly may result in a formal written warning to an employee or an employee being placed on probation for a specified period of time in order for the college to prescribe specific corrective actions and/or expected behavior change. Less serious errors or omissions may lead to corrective actions aimed at preventing future problems and/or grievances.

5.11.8 Appeal of Decision

While the President serves as the final arbitrator in grievance proceedings, the aggrieved party or the person against whom the grievance was filed has a right to appeal to the Board of Trustees. To do so, the party should request to be included on the agenda of the next meeting of the Board of Trustees. This request must be submitted in writing to the President. In more serious circumstances, a special Board meeting may be called to hear the appeal.