Support Staff (Non-Exempt) Complaint and Grievance Policy 5:10:06:02

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Responsible Officer: Executive Director of Human Resources 

Responsible Executive: Executive Vice President for Business and Finance 

I. Purpose

The following grievance/complaint procedure is to provide an orderly method for employees of Motlow State Community College (Motlow State) to process their grievances or complaints, pursuant to guidelines established in the Tennessee Board of Regents (TBR) Guideline P-110 Employee Grievance-Complaint Guideline and Guideline P-111 Support Staff Grievance.  This policy addresses two matters: (1) grievances which are subject to committee review; and (2) complaints which must be resolved without committee review. 

II. DEFINITIONS

  1. Grievance - A grievance may be taken to a committee for review.  An employee may only grieve actions Motlow State has taken against the employee which: 
    1. Violates Motlow State or TBR policy, or involves an inconsistent application of those same policies;  
    2. Violates any constitutional right.  The most likely areas of concern are the First, Fourth or Fourteenth Amendment of the federal constitution where that action hampers free speech, freedom of religion, the right to association, provides for improper search and seizure, or denies constitutionally required notices or procedures; or  
    3. Violates a federal or state statute not covered by TBR Guideline P-080, Motlow State Policy 8:04:00:00, or Motlow State Policy 8:02:00:00. 
  2. Complaint - A complaint may not be taken to a committee for review.  A complaint is a concern which an employee wants to discuss with supervisory personnel in an effort to resolve the matter.  A complaint may not be taken to a committee for review.  Personnel actions such as performance evaluations, rates of pay, position reclassifications, verbal disciplinary warnings, termination of clerical and/or support personnel during or at the end of the initial probationary period, group life insurance, group health benefits or retirement benefits, or position terminations due to reduction in force do not fall under the definition of complaint. 
  3. Professional and Administrative Employees – For purposes of this policy, a Professional and/or Administrative employee is defined as faculty (not including faculty on adjunct contracts), executive, administrative, or professional staff.  Professional and Administrative Employees shall include persons employed in EEO categories as administrators, faculty (including full-time faculty on term or temporary contracts), and professional non-faculty.  Probationary employees in these EEO categories are included in this definition.  Student workers, adjunct faculty, and temporary workers are not included in the definition of employees. Probationary employees, student workers, and graduate assistants are not included in the definition of professional and administrative employees. 
  4. Support Staff Employees – For purposes of this policy, this means employees who are not faculty, executive, administrative, or professional staff.  Support Staff includes clerical, secretarial, technical/paraprofessional, service, and maintenance staff who are non-exempt/hourly employees.  Student workers and graduate assistants are not included in this definition. 
  5. Employees – For the purposes of this policy, unless otherwise specified, this term collectively describes faculty (not including faculty on adjunct contracts), and executive, administrative, professional, clerical, secretarial, technical/paraprofessional, service, and maintenance staff. 
  6. Employment Action – Employment action is the demotion, suspension without pay, termination of an employee, or work assignments or conditions of work which violate statute or policy. 
  7. Immediate Supervisor – That person who is directly responsible for the supervision of the employee’s activities. 
  8. Next-higher-level supervisor – That person who is directly responsible for the supervision of the immediate supervisor’s activities. 
  9. Working days – Days on which institutional offices are officially open. 

III. POLICY/GUIDELINE 

  1. Policy Statement
    • It is the policy of Motlow State to provide an effective procedure for solution of problems arising from the employment relationship or environment and to make every effort to resolve any grievance or complaint at the lowest possible step in the grievance/complaint procedure.  To this end, a formal grievance procedure has been established for the ease and benefit of all employees.  It is the responsibility of administrators and academic and supervisory personnel to inform and make available to all employees’ information concerning their right to file a grievance or complaint and their right to be protected from retaliation.  All employees are encouraged to discuss any problems with their supervisor or unit head prior to utilizing any grievance/complaint procedures.  No employee shall retaliate or discriminate against another employee because of the latter employee’s attempt to file a grievance or complaint.  Supervisors are also responsible for ensuring that the employee is free of retaliation, coercion, and/or discrimination arising from the employee’s filing of or intent to file a grievance or complaint. 
  2. Scope 
    1. This policy is available to all employees of Motlow State, including Support Staff. This policy has no application to a termination procedure against a tenured faculty member under Motlow State Policies 5:02:03:01, 5:02:02:30, 5:02:03:25, and TBR Policies 5.02.03.00, 5.02.03.10, 5.02.07.00, and 5.02.03.70.   
      1. Support Staff employees who are demoted, suspended without pay, or terminated must follow the grievance process outlined in Section III.C.XXX of this policy. 
  3. Application of Policy 
    1. A Professional and/or Administrative n employee may choose to utilize the procedure for review by the grievance panel committee (established pursuant to this policy) in the following situations: 
      1. Actions relating to the suspension of Professional and/or Administrative employees for cause or termination in violation of an employment contract which fall under TBR Policy 1.06.00.05 Contested Cases Subject to the Uniform Administrative Procedures Act, No. 1:06:00:05 (Cases Subject to TUAPA) or TBR Policy 5.02.03.70, and Motlow State Policy 5:02:03:00.  TBR Policy No. 5.01.00.03 Faculty Disciplinary Action. 
      2. Actions involving hearings requested pursuant to Motlow State Policies 8:02:00:00, 8:04:00:00, and TBR Guideline P-080 for all employees.  Motlow State may choose to utilize the procedure for review by the grievance committee when resolving a complaint initiated pursuant to Motlow State Policies 5:02:02:30, and TBR Policies 5.02.02.30.  
      3. If Support Staff employees are demoted, suspended without pay, or terminated (as per decision by the Motlow State President), the Support Staff employee so disciplined may use procedures described in this policy or the procedures described in TBR Policy 1.06.00.05. 
    2. Standard grievance forms shall be made available to employees, but no grievance may be denied because a standard form has not been used. 

D. Complaint Procedure 

  1. A complaint must be brought within ten (10) working days after the employee receives notice or becomes aware of the problem which forms the basis for the complaint.  The employee should state the basis for the complaint and the corrective action desired in temperate and reasonable terms. 
    1. If the complaint arises from a repeated or continuing occurrence, the time limit begins from the date of the last such occurrence. 
    2. Any complaint not presented within the time limit is waived and shall not be considered. 
    3. Once a final determination is made, the employee may not later present the same complaint in an attempt to gain a more favorable outcome. 
  2. All complaints must be submitted in writing. 
  3. Complaints must be submitted, in writing electronically or otherwise, to the employee’s immediate supervisor. 
    1. For complaints wherein the employee’s immediate supervisor is named as the respondent, the complaint shall be made to the next higher-level supervisor.  For complaints wherein the immediate and next higher-level supervisor are named as respondents, please submit the complaint (in writing) to: 
      • Brian Rowe, MPS, SPHR, IPMA-SCP 
      • Executive Director of Human Resources 
      • Ingram Administration Building 
      • 6015 Ledford Mill Rd. 
      • Tullahoma, TN 37388 
      • (931) 393-1544 
      • [email protected] 
    2. For complaints wherein the Executive Director of Human Resources (EDHR) is named as a respondent, please submit the complaint to: The Office of Organization Compliance through Just Report It 
  4. Upon receipt of a written complaint, the immediate supervisor, next higher-level supervisor, or EDHR (or their designee) will allow the employee to present facts and/or materials.  The immediate supervisor, next higher-level supervisor, or EDHR (or their designee) will then investigate the dispute and attempt to find a solution.  Within five (5) working days, the EDHR will submit a written recommendation to the President.  Upon receipt of the recommendation, the President may accept the recommendation or select the appropriate alternate resolution.  The President’s decision shall be communicated to the employee within three (3) working days. 
  5. The President’s decision shall be final.  Complaints do not include a right to any type of hearing, adversarial proceeding, nor the right to appeal to the Chancellor. 
    1. For complaints wherein the President is named as a respondent, report to the Tennessee Board of Regents. 

E. Grievance Procedure

    1. A grievance must be initiated within 15 working days after the employee receives notice or becomes aware of the action which is the basis for the grievance.  
    2. The administrator considering the grievance at each step shall issue a written decision with specific reasons stated for the decision.   
    3. If the employee is not satisfied with the decision at any step, they must carry the grievance forward to the next step within 15 working days after receiving the written decision. 
      1. If the employee does not carry the grievance forward within 15 working days, the grievance procedure shall be terminated and the grievance disposed of in accordance with the last written decision. 
    4. Any party involved in the grievance proceeding may request an extension of any deadline set forth in the grievance procedures of this policy.  The President (EDHR?) may grant reasonable extensions of the applicable time limit at each stage of the procedure upon the timely showing of a good cause.  The request for an extension must be in writing.  The approval or denial of the request shall also be in writing.   
    5. Once a grievance is initiated, the grievant may not later present the same grievance again in an attempt to gain a more favorable outcome. 
  2. Testimony, Witnesses, and Representation 
    1. At every step, the employee may testify and present witnesses and materials in support of their position. 
      1. The testimony of an employee, given either on their own behalf or as a witness for another employee, will not subject an employee to retaliatory action. 
    2. At every step, the employee may be accompanied by an advisor at each step of the grievance procedure; however, the advisor may not act as an advocate on behalf of the grievant. 
      1. At the discretion of the grievance panel chair, additional employees from the unit may be allowed to attend the employee’s committee hearing conducted as the final step. 
    3. Employees shall be given the opportunity to pursue grievances during their assigned work time and have access to all persons, places, and official records for information necessary to the determination and processing of a grievance in the specified time limits.  This access shall not interfere with normal workflow of the college. 
  3. Steps of Review 
    1. Step 1: Discussion with Immediate Supervisor: 
      1. A grievance must be brought to the attention of the employee’s immediate supervisor within 15 working days after the employee receives notice or becomes aware of the problem, which is the basis for the grievance.  The employee should state the basis for the grievance and the corrective action desired in temperate and reasonable terms via the Grievance Form (which may be obtained from HR) and submit it to HR and provide a copy to their supervisor (or the administrator instituting employment action which is the basis for the grievance).  While a particular form is not required to file a grievance, the employee must make it clear that they intend to utilize the grievance procedures for resolution of the employment action.  
      2. Within 15 working days after receipt of the grievance, the supervisor and the employee shall meet and discuss the grievance in a face-to-face meeting in an attempt to resolve the matter in a mutually satisfactory manner.  The supervisor shall conduct any necessary or appropriate investigation and inform the employee of a decision based upon full and fair consideration of all the facts within five (5) working days of the initial discussion.   
      3. Within 15 working days after the face-to-face meeting, the supervisor or administrator must communicate the decision in writing to the grievant with specific reasons stated for the decision. If the employee is satisfied with the decision, no additional action is required.  If the employee is not satisfied, the employee may proceed to Step 2.  The requirement to proceed to Step 2 prior to Step 3 shall not be required for employees for whom the immediate supervisor or the next-higher-level supervisor is the President.   
      4. If the immediate supervisor was not the one who recommended the original employment action, or is recommending a change from the original employment action, the supervisor will make a recommendation to the administrator who made the original employment action. 
      5. Any changes from the original employment action must be approved by the President before being communicated to the employee. 
      6. If the immediate supervisor fails to respond or if the decision is not satisfactory to the employee, the employee may carry the grievance forward to Step 2. 
    2. Step 2: Discussion with Next Higher-Level Supervisor 
      1. Within 15 working days after receiving the written decision at Step 1, if the employee is not satisfied with the result of Step 1, the employee must notify HR that they want further review.  
      2. HR schedules a face-to-face meeting to occur within 15 working days after receiving notice that the employee wants further review with the next higher-level supervisor.  
      3. Within 15 working days after the face-to-face meeting, the higher-level supervisor issues a written decision that includes specific reasons for the decision. 
      4. Any changes from the original employment action must be approved by the President or EDHR, as appropriate, before being communicated to the employee. 
      5. Failure to comply with Step 2 in a timely manner shall be deemed a waiver by the employee and the grievance may not be raised again.  The next-higher-level supervisor and the employee shall then follow the same procedure as required in Step 1. 
      6. If the employee is satisfied with the decision reached by the next-higher-level supervisor, no additional action is required.  
      7. If the employee is not satisfied with the decision at the next higher-level supervisor level, the employee may proceed to Step 3.  
    3. Step 3: Hearing 
      1. Within 15 working days after receiving the written decision at Step 2, the employee can request a grievance hearing before a panel of employees. 
      2. The employee must notify HR in writing whether they want a hearing before an employee panel. 
      3. Alternatively, the employee may request a hearing under TBR Policy 1.06.00.05, if applicable. 
      4. For information concerning the Employee Grievance Hearing panel composition, please see Section XXXXX of this policy. 
      5. The grievance panel shall hear the grievance within 15 working days, if practicable, after the date on which the employee submits a written request to HR. 
      6. At the hearing, the panel shall accept and review all pertinent information presented by the employee and the Chairperson of the panel as well as any other information it deems appropriate.  The grievance panel shall make a thorough and independent study.  The procedure by the panel shall consist of fact findings.  The panel shall be allowed to present any pertinent evidence and to call those witnesses who have testimony pertinent to the decision.   
      7. Three (3) working days after the hearing, the Chairperson of the panel shall prepare a written report of the committee’s recommendation and submit it to the President.  The recommendation shall be based on full and fair consideration of all the pertinent facts and circumstances.  The report shall also contain a summary of the committee’s investigation and findings.  Copies of the report shall be submitted to all parties involved. 
      8. Upon the receipt of the recommendation, the President may accept the recommendation of the committee, in whole or part, or select an appropriate alternate resolution.  Within 15 working days, the President’s decision shall be directed to the Chairperson of the panel and all parties involved.  The President’s decision shall be final and binding as to all parties concerned.   
        1. However, grievances which are processed through the grievance panel are appealable to the Chancellor only where they fall within the parameters set out in TBR Policy 1.02.11.00 
        2. Supervisors to whom a grievance is raised, and the grievance panel may consult the EDHR for advice on resolving grievances (except for grievances involving an action taken against the grievant by the EDHR. 
        3. The grievant may withdraw in writing a filed grievance at any stage of the process. 

F. Grievance Panel Composition  

  1. The President shall appoint a pool of committee members from each job classification including tenured faculty, non-tenured faculty, administration, support clerical staff, and maintenance staff who have been trained about the institutional grievance panel and are regular full-time employees only.  
  2. The term of the pool of committee members will be indefinite.  In the event of a vacancy, the President shall appoint a new member to the pool. 
  3. If the employee requests a hearing before an employee panel, the EDHR selects the panel members, convenes the hearing, and arranges for the grievance to be heard. 
    1. The panel members representing the unit where the employee works may not serve on the grievance panel. 
    2. Every effort should be made to include equitable representation among the committee's composition. 
    3. The committee will be chaired by the EDHR.  

G. Non-Retaliation  

  1. No employee shall retaliate or discriminate against another employee because of the latter employee’s filing of a grievance or complaint. 
  2. In addition, no employee shall coerce another employee or interfere with the action of another employee in the latter employee’s attempt to file a grievance or complaint. 
  3. Administrative, academic, and supervisory personnel should also be informed that they are responsible for ensuring that the employee is free from retaliation, coercion, and/or discrimination arising from the employee’s filing of or intent to file a grievance or complaint. 

H. Responsibility for Implementation 

    1. The President has designated the EDHR with the ultimate responsibility for implementation of the grievance and complaint procedures. 

    2. Administrative, academic, and supervisory personnel are responsible for ensuring that they inform and make available to all employees' information concerning their right to file a grievance or complaint and their right to be protected from retaliation. 

I. Maintenance of Records 

  1. Copies of written grievances and complaints and accompanying responses and documentation shall be maintained by the EDHR and the HR Office for at least three (3) years after the date of the employment decision. 
  2. If a finding adverse to the grievant is made, the finding shall be maintained in the grievant’s personnel file.  

FORMS 

Complaint/Grievance Form 

SOURCEs

T.C.A. §§ 49-8-203; 49-8-117 

Corresponding Policies

TBR Guidelines P-110, P-111 

History

Approved by the President’s Cabinet on January 12, 2009 

Revised: October 31, 2024; July 15, 2026 

Institutional Oversight Committee Approved: July 27, 2026 

President’s Cabinet Approved: August 4, 2026 

Effective Date: August 4, 2026