Employee Complaints
Employee complaints are defined as those complaints related to discrimination, harassment, hostile work environment, ethical concerns, and other legal-related matters against any person associated with the College. This policy does not cover general workplace grievances, conduct, or professionalism, which are addressed in the Employee Grievances section. This policy does not apply and cannot be used against the President.
Any employee who believes he or she has been subjected to or observed:
- discrimination based on race, color, national origin, religion, marital status, disability, sex, age or any other protected class as defined by federal and state law;
- sexual harassment;
- harassment in forms other than sexual;
- hostile work environment;
- ethical violations or similar concerns;
- criminal acts;
- ACCS, College, or Chancellor policy or procedure violations; or
- other legal-related issues
by any person associated with College (other than a President), shall report the action immediately, and in no event more than ten (10) calendar days following the event, to the Human Resources Director/Title IX Coordinator or President. In conjunction with the report, the employee shall provide a written statement, as well as any evidence the employee believes substantiates the complaint, and shall be required to assist in an appropriate investigation. The appropriate form to use is the Employee Complaint Form and can be found on the Forms page on the NACC website.
The College shall designate an appropriate person to review and investigate the matter and may engage legal counsel for this purpose, as determined by the President. This review and investigation shall be conducted promptly and within 45 calendar days if practical, but not later than 60 days, unless this period is extended by agreement of the complaining and responding parties. Once the review and investigation has been completed, the President or designee shall issue a written response to the reporting employee within 15 calendar days if practical, but not later than 30 days unless this period is extended by agreement of the complaining and responding parties, and this written response shall be final.
An employee who brings a good faith complaint under this policy shall not be retaliated against in any manner. Any employee who retaliates against an employee for making a good faith complaint under this policy will be disciplined.
Title IX harassment, physical assault, or discrimination complaints lodged by students against employees are subject to the procedures outlined in the Student Handbook section of the Catalog. (Board Policy 620.02, 11/10/2020)
Employee Grievances
Employee grievances are between and amongst employees of the College about general workplace issues, conduct, or professionalism. This policy does not apply and cannot be used against the President. This policy is not intended to cover complaints regarding discrimination, harassment, hostile work environment, ethical concerns, or other legal-related matters, which are covered in the Employee Complaints section.
Any employee who claims a grievance (or who is reporting an observed grievance) must file a written statement within 10 calendar days from the date of the alleged incident. Otherwise, the grievance will not be reviewed under this policy. Oral grievances do not comply with this policy. The written statement must be filed with the complaining employee’s direct supervisor, unless the direct supervisor is the person about whom the grievance is lodged. In such cases, the employee must file the statement with the next supervisor in line. Employees should use the Employee Grievance Form, available on the Forms page of the NACC website, to make the written report. The supervisor (or other person receiving a written grievance) will notify the Human Resources Director and President.
The supervisor, or other person appointed to address the grievance, must review the written statement and conduct an investigation of the claims within 45 calendar days (or as otherwise agreed), and then make a written report of findings with recommendations within 60 calendar days of receipt of the grievance. The report must be given to the President, Human Resources Director, the complaining employee, and the person about whom the grievance is lodged. The complaining employee or the person about whom the grievance is lodged has five calendar days from receipt of the written report to provide specific written objections to the report of findings with recommendations to the President, which will be considered by the President or designee before issuing a final decision. This decision shall be final. Only the President can take disciplinary action against an employee.
An employee who brings a good faith grievance under this policy shall not be retaliated against in any manner. Any employee who retaliates against an employee for making a good faith grievance under this policy will be disciplined. The President’s decision will be final.
NOTE: If the last day for filing a notice of appeal falls on a Saturday, Sunday, or a legal holiday, the appealing party will have until 5:00 p.m. the first working day following to file. (Board Policy 620.01, 4/10/2019)