Complainant is a person who is subject to alleged inequity as it applies to Board Policies, System President’s Procedures, or College Procedures. For purposes of this procedure, a complainant is a MCC Employee, with the exception to classified employees. Classified employees shall follow the grievance procedure established under the State of Colorado Personnel Rules.
Respondent is a person whose alleged conduct is the subject of a complaint. For purposes of this procedure, a respondent can be a MCC Employee(s), authorized volunteer(s), guest(s), or visitor(s), or college.
Appointing Authority/Disciplinary Authority is the individual with the authority or delegated authority to make ultimate personnel decisions concerning a particular employee. A Disciplinary authority is the individual who or office that has the authority or delegated authority to impose discipline upon a particular employee. This individual will be collectively referred to as the “Appointing Authority”. The System/College President (President) is considered the designee unless he/she has delegated this responsibility in writing.
Except as noted herein, an employee may grieve any action which violates or inequitably applies Board Policies, System President’s Procedures, or College Procedures and which adversely affects the employee’s working conditions.
Claims of discrimination and/or harassment based on federal or state civil rights laws are not covered under this procedure. Such claims are processed pursuant to either SP 3-50b or SP 4-31a, MCC Process M3-50b and M4-31a.
The following matters are not grievable under this policy except as noted:
- Matters over which the employer is without authority to act.
- Evaluations (See Board policy on evaluations).
- Dismissals, nonrenewals, reductions-in-force, suspensions, disciplinary actions (See Board policies on due process).
- Reassignments except that a reassignment of a Regular Faculty member which results in a reduction in pay or a loss of due process rights shall be grievable.
Employees must timely submit all grievances in writing (See Appendix) to the Human Resources (HR) Department. All grievances shall be assessed by the preponderance of evidence standard. HR shall designate an individual(s) to be the investigator(s) over the complaint.
The investigator(s) shall initially determine whether the complaint is grievable or non-grievable.
- If grievable, the investigator(s) shall inform the complainant and respondent of the grievance.
- If the investigator(s) determines the complaint is not grievable, s/he shall inform the complainant of this decision in writing. This decision is final.