Colby seeks to provide a congenial working atmosphere and intends to offer fair and consistent treatment of its employees. College policies and the Staff Handbook provide a framework within which that can be done. In any large organization with more than 600 employees, however, misunderstandings and problems inevitably develop.

As an educational institution, Colby encourages all individuals to attempt first to resolve problems directly with those involved. While most situations are resolved through these informal means, the College has established formal procedures for those times when informal procedures have not led to a satisfactory resolution.

Any staff employee may present any matter of personal concern or dissatisfaction to the College regarding his/her employment and have it considered on its merits. The purpose of a complaint is to seek a satisfactory resolution of the situation, when possible. Colby's policy prohibits retaliation of any kind against an employee who presents a complaint and staff should feel free to report such complaints without fear of reprisal.

All complaints will be investigated and written complaints will be answered in writing. Complaints should be presented promptly, because complaints might be difficult to substantiate long after an incident has occurred. Time standards are established to encourage timely discussion, investigation, and deliberation at each step. Staff and supervisors are encouraged to consult with the Personnel Office about complaint procedures.

Colby has established special procedures to address harassment complaints. Employees may refer to Appendix I of the Handbook or contact a member of the Harassment Advisory Committee or Personnel Services for additional information about these procedures.

FORMAL PROCEDURES

Supervisor

The first step calls for a discussion of the complaint with the immediate supervisor within 10 calendar days of the date the employee first knew or had reason to know of the event(s) or decision(s) on which the complaint is based. If the problem is not resolved on the basis of the answer provided by the supervisor, the employee should next discuss the complaint with his/her department head.

Department Head

If the complaint is not resolved on the basis of the answer provided by the supervisor, the employee may discuss the complaint with the department head within 14 calendar days of receipt of the supervisor's decision. The department head will generally discuss the complaint with the appropriate parties and shall provide a written response within 14 calendar days of receipt of the complaint. The department head’s written response will address all issues raised by the employee in his or her complaint.

Appeals Board

If the complaint is not satisfactorily resolved on the basis of the answer provided by the Department Head, either party may submit a written complaint to the Director of Personnel for presentation to a Staff Appeals Board, provided the complaint is presented to the President of the College within 14 calendar days of the receipt of the decision of the department head in the previous step. The Appeals Board will consider only those issues presented by the employee in his or her complaint and addressed in the department head’s written response. Neither the employee, supervisor or department head may raise issues with the Appeals Board that have not been raised or addressed at earlier levels in the complaint process.

The department head’s decision will be sustained unless the Appeals Board find the decision was arbitrary or capricious.

If the complaint involves a student or faculty member, the President shall appoint a special appeals board, comprised of an equal number of members of the Staff Appeals Board and the Faculty Grievance Committee or the Student Judicial Board (Stu-J).

The Staff Appeals Board shall consist of; the Vice President for Administration who shall serve as chairperson; one member and one alternate who shall be administrative officers of the College and three members and three alternates who shall be staff of the College and appointed annually by the President. Five Board members must be present to hear an appeal. In the absence of a regular member, the chairperson shall select an appropriate replacement from the alternate members.

A Board member may disqualify himself/herself and the complainant may challenge any member or members of the Board for cause. Disqualification must be approved by a majority vote of the Board less the challenged member. The chairperson shall select replacements from the alternate members.

The Appeals Board may consider any aspect of the complaint it deems important to its ability to render a fair judgment and may request the appearance of witnesses. The complainant may be present for testimony of witnesses and shall be provided an opportunity for rebuttal.

The Board will generally convene within 14 days to conduct a hearing. The Board will generally report its findings and decision within 14 days of the hearing. Board findings and decisions require a majority vote of members present.

President

If the complaint is not satisfactorily resolved by the decision of the Staff Appeals Board, either party may appeal in writing to the President within 14 calendar days of receipt of the Appeals Board's decision. The Appeals Board decision if final, unless overturned by the President. The President's decision is final, binding on all parties, and not subject to further appeal on campus or off.

GENERAL CONSIDERATIONS

Time provided herein are mandatory. They may be adjusted only if the College representative(s) responsible for the discussion or the answer is absent from the campus or by mutual written consent of the party making the appeal and the appropriate College official.

Any complaint not referred to the next step of the complaint procedure shall be deemed settled on the basis of the last answer given. Any complaint or appeal not answered within the specified time limits shall be deemed to have been denied at the end of such time limit and the complaint may be referred to the next step. Steps within the complaint procedure may be modified by the College, in its sole discretion, where the origin of the complaint, the operational unit involved or the content and scope of the complaint make discussion with the College representative at a higher step in the procedure or reducing the number of steps appropriate.

The employee may attend complaint review meetings during normal working hours without loss of time or pay. After the initial discussion with the supervisor, an employee may bring one support person from the College community to the proceedings. Attorneys are not allowed in any proceedings.

If the complaint directly involves the Personnel Office, the complainant may request that an administrative officer of the College who is not a member of the Staff Appeals Board monitor and participate in all phases of the formal procedure. If the complaint directly involves the Vice President for Administration, the President shall appoint an administrator officer of the College who is not a member of the Staff Appeals Board to serve as chairperson.

The Director of Personnel shall keep an official record of the progress of a complaint. The Staff Appeals Board shall keep records of its findings and conclusions, and, upon conclusion of proceedings, the records shall be kept by the Director of Personnel.