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Employee Complaint Policy 421.01

Employee Complaint Policy 421.01
Johnson County Community College
Series: 400 Personnel
Section: Employee Complaints and Discipline

Applicability: This Policy applies to Johnson County Community College (“JCCC” or the “College”) employees.

Purpose: The purpose of this Policy is to provide JCCC employees with a fair and efficient process to present and resolve issues negatively impacting the workplace arising out of the employment relationship.

Statement:

This Policy shall be available to any employee who wishes to bring forward a work-related complaint that is not covered by another avenue of redress through College policies or operating procedures. For example, the following matters can be addressed through other College policies and operating procedures and are not subject to this Policy:

  • Sexual Harassment Policy 650.00 and Sexual Harassment Complaint Operating Procedure 650.01 for complaints of Sexual Harassment involving a student or employee.
  • Employee Discrimination, Harassment or Retaliation Policy 420.00 and Employee Discrimination, Harassment or Retaliation Complaint Operating Procedure 420.01 for complaints against a College employee or third party.
  • Student Discrimination, Harassment or Retaliation Policy 319.05 and Student Discrimination, Harassment or Retaliation Complaint Operating Procedure 319.05 for complaints against a student.
  • Suspension, Demotion or Termination Policy 415.08, Suspension, Demotion or Termination Appeal Policy 416.01 and Suspension, Demotion or Termination Appeal Operating Procedure 416.02 for eligible employee suspensions, demotions or terminations. Complaints related to employee discipline or separation of employment not covered by the Suspension, Demotion or Termination Appeal Policy and Operating Procedure can be addressed directly with the Office of Human Resources.
  • Grievance procedures under the Master Agreement for applicable Bargaining Unit Member grievances.
  • Complaints related to salary placement or performance reviews can be addressed directly with the Office of Human Resources.

Reporting and Reviewing Complaints: Complaints are best resolved if addressed early. It may be difficult to substantiate the allegations made if brought forward after significant time has passed. Complaints must be filed with the Office of Human Resources or JCCC Ethics Report Line. Upon receipt of the complaint, Human Resources will review the matter, implement any appropriate interim actions, and collaborate with appropriate parties and personnel to assess the complaint, review or investigate the facts, initiate a discussion or mediation or determine what, if any, appropriate actions are to be taken. The decision of Human Resources will be final.

If the complaint is against an employee or an action of the Office of Human Resources or the President, the complaint can be submitted through the JCCC Ethics Report Line or it can be submitted directly to the College’s Audit and Advisory Services.  In that case, the Director, Audit & Advisory Services or designee shall act in lieu of the Human Resources officer in the complaint resolution process.

It shall be considered a violation of this Policy for any individual to knowingly file a false or malicious complaint. If the College believes that such a complaint has been filed, the matter will be addressed in accordance with the College’s applicable policies and operating procedures.

Confidentiality: Participants in the complaint resolution process should respect the matter as confidential. All information revealed and all discussions held shall be as confidential as reasonably possible within legal requirements and organizational responsibilities, and within limits allowing for the review to occur.

Retaliation: No employee shall retaliate or discriminate against another employee because of the employee’s filing of or participating in the review of a complaint. Retaliation includes any action which may have a materially adverse impact on the terms or conditions or employment including, but not limited to, increasing discipline, demotion, changes in pay or hours, or material changes in job duties or functioning, if such action (whether actual or threatened) is because of the employee’s filing of or participation in the review of a complaint under this Policy, whether or not such complaint is determined to be valid. Any person believing that retaliation has taken or is taking place should immediately report the matter to the Office of Human Resources or through the JCCC Ethics Report Line.

Timeline: It is the goal of the College to process all complaints in a timely manner. Absent unusual circumstances, JCCC will conduct its initial review and acknowledge a complaint within seven business days of receiving the complaint. 

Date of Adoption:
Revised: 03/17/1994 (effective 04/15/1994), 03/25/2010, 04/20/2017 (effective 07/01/2017; previously the Complaint and Grievance Policy and Operating Procedure), 07/15/2021