Organizational Culture and Engagement

06:09:01 Employee Grievance Complaint

1. Definitions
   1. Grievance - (Committee review available) - An employee may only grieve actions the College has taken against the employee which:
      1. Violates College or TBR policy, or involves an inconsistent application of these same policies;
      2. Violates any constitutional right. The most likely areas of concern are the First, Fourth or Fourteenth amendment of the federal constitution when that action hampers free speech, freedom of religion, the right to association, provides for improper search and seizure, or denies constitutionally required notice or procedures, or;
      3. Violates a federal or state statute not covered by TBR Guideline P-080. 
   2. Complaint - (Committee review not available) - A complaint is a concern which an employee wants to discuss with supervisory personnel in an effort to resolve the matter. Personnel actions such as performance evaluations, rates of pay, position re-classifications, or position terminations due to reduction in force do not fall under the definition of complaint.
   3. Employee - For purposes of the grievance and complaint procedures, an employee is defined as faculty (though not including faculty on adjunct contracts), executive, administrative, or professional staff. Probationary employees, student workers, and graduate assistants are not included in the definition of employee.
   4. Employment Action - Employment action is the demotion, suspension without pay, termination of an employee, or work assignments or conditions of work which violate statute of policy.
2. Application of Guideline
   1. This policy applies to employees of the College and etablishes procedures for addressing grievances and complaints filed.
      1. There shall be two types of procedures. The two types are:
         1. Grievances, which are subject to committee review; and,
         2. Complaints which must be resolved without committee review. 
      2. Standard grievance forms shall be made available to employees at each work site, but no grievance may be denied because a standard form has not been used.
   2. This policy has no application to a termination procedure initiated against a tenured faculty member under TBR policy 5:02:03:70 Section VI (G)(2).
      1. This policy is not to be used for support staff employees who are demoted, suspended without pay, or terminated.
      2. In accordance with Tenn. Code Ann. § 49-8-117, Support Staff Grievance Procedure, support staff employees who are demoted, suspended without pay, or terminated must follow the grievance process contained in College policy 06:09:02.
         1. Support staff employees who want to challenge other employment actions not covered by College Policy 06.09.02 may utilize the procedures set forth in the policy, as applicable.
         2. If the grievance involves or is based on unlawful discrimination or unlawful harassment, the process set out in College Policy 06.09.02,must be utilized; however if the President’s decisions includes demotion, suspension without pay, or termination, the employee so disciplined may use this procedure or the procedure described in College Policy 06:92:00 - Tennessee Uniform Administration Procedures Act.
   3. An employee may choose to utilize the procedure for review by the grievance committee established pursuant to this policy in actions relating to the suspension of employees for cause or termination in violation of an employment contract which fall under TCollege Policy 06:92:00 - Tennessee Uniform Administration Procedures Act, or TBR Policy No. 5.02.03.70 Section V.I.b.(2) (suspension of tenured faculty) or TBR Policy No. 5.02.03.10 Section III.O.(2) (suspension of tenured faculty at TCATs).
   4. The College may choose to utilize the procedure for review by the grievance committee (established pursuant to this policy) when resolving a complaint initiated pursuant to TBR Policy No. 5:02:02:10 (Faculty Promotion at TCATs), or 5:02:02:30 (Faculty Promotion at Community Colleges)
3. Complaint Procedure
   1. A complaint must be initiated within fifteen (15) workdays after the employee received notice or becomes aware of the action which is the basis for the complaint.
      • If the complaint arises from a repeated or continuing occurrence, the time limit begins from the date of the last such occurrence.
      • Any complaint not presented within the time limit is waived and shall not be considered.
      • 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. Complaints must be submitted in writing to the Office of Organizational Culture and Engagement via the Employee Complaints form or via email to the Executive Director or Assistant Director of Community Conduct and Compliance.
   3. Resolution of complaints at a minimum requires the College to:
      • Allow the employee to present facts and/or materials;
      • Investigate the dispute; and,
      • Attempt to find a solution.
        1. The President or designee shall be the final decision maker.
        2. Complaints do not include a right to any type of hearing, adversarial proceeding, nor the right to appeal to the Chancellor.

4. Grievance Procedure
   1. Procedure
      1. A grievance must be initiated within fifteen (15) workdays after the employee received 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 fifteen (15) workdays after receiving the written decision.
         1. If the employee does not carry the grievance forward within fifteen (15) workdays, the grievance procedure shall be terminated and the grievance disposed of in accordance with the last written decision. (For purposes of the procedure, the term “workdays” refers to Monday through Friday.)
      4. Any party involved in the grievance proceeding may request an extension of any deadline set forth in the policy. The College shall consider extension requests for good cause.
   2. The grievance procedure should begin at the lowest appropriate supervisory level.
   3. Grievances filed will initially be routed to the Office of Organizational Culture and Engagement before being assigned to the lowest level supervisor in the grievance to serve as the decision-maker.
   4. The grievance should be stated in reasonable and temperate terms.
   5. Written grievances should contain, at a minimum, the following information:
      1. The grievant name and job title.
      2. The department in which the grievant is employed.
      3. Explanation of the grievance citing the specific policies or statute claimed to have been violated or inconsistently applied, or the constitutional right abridged.
      4. Names of persons with whom the grievance has previously been discussed and date on which the grievance was discussed with each.
      5. Corrective action desired.
      6. Date the written grievance is filed.
      7. Signature of the grievant.
   6. A written grievance may be returned to the grievant for additional information or restatement in clearer terms.
   7. The grievant should be informed that s/he is entitled to be accompanied by an advisor at each step of the grievance procedure; however, the advisor may not act as an advocate but may act as an advisor only Campuses may require the advisor to be an employee of the College.
   8. The person charged with making the decision at each step should be given the responsibility and authority for conducting a thorough and independent investigation. Consideration may be given to information and materials gathered at previous steps.
   9. The decision should be based on full and fair consideration of all pertinent facts and circumstances.
   10. A grievant who is dissatisfied with a decision must take the grievance to the next highest level within fifteen (15) workdays of being notified of the decision. The decision-maker at each step should also notify the grievant of their decision within thirty (30) workdays. The President/Designee is authorized to grant reasonable extensions of the time limits upon a showing of good cause.
   11. Employees should be given the opportunity to pursue grievances pursuant to this policy during regular business hours. The College shall ensure that all parties have access to all persons, places, and official records for information necessary to the determination and processing of a grievance within specified time limits. This access shall not interfere with normal work-flow of the College.
   12. A grievance can be withdrawn in writing at any stage of the process.
5. Grievance Committee
   1. The College shall establish a grievance committee to advise the President/Designee on those grievances which could not be resolved and which reach the final decision-making level. Grievance committees are convened only at the request of the grievant for review at the next higher level.
   2. The President/Designee shall determine the details of the grievance committee such as appointment, committee membership, the term of the committee members, etc. The committee appointment process shall allow for peer representation taking into account the distinctions between tenured faculty and non-faculty. The College may choose to develop a pool of committee members who can receive training about the College grievance procedure. The President/Designee may then pick a committee from that pool in order to hear an individual grievance. A standing committee of the College may also be utilized. Separate committees may be established for faculty and non-faculty grievances.
   3. Panel members representing the department or academic division where the employee works may not serve on the grievance panel. 
   4. A system of selecting members of the committee should seek to make appointments which will ensure that committee members will be disinterested in the outcome. Any committee member selected who has a particular interest in the outcome of the decision should be replaced with an alternate to avoid a biased decision. Every effort should be made to include minorities, i.e. ethnic minorities and women, in the composition of the committee.
   5. The number of individuals on the committee should be small enough to be efficient. An odd number is recommended. It is also recommended that a chairperson be selected for each committee.
   6. While the committee may review the material and decisions of previous decision-makers in the process, it should conduct a review of the relevant facts. In order to do so, it should have the power to receive evidence from the grievant, gather evidence from other sources and call witnesses.
   7. The burden of proof necessary to establish the validity of a grievance (a violation of law, policy or constitutional right) is on the grievant and must meet a preponderance of the evidence standard.
   8. The committee may allow all witnesses to be present at one time; or in the alternative, may allow the committee to hear each witness, including the grievant, separately. In any event, the grievant should be allowed to present any pertinent evidence to the committee and to have the committee call those witnesses who have testimony pertinent to the decision.
   9. The committee shall make a written report of its recommendation and reasons supporting its recommendation to the President/Designee. The President/Designee may then adopt the committee’s recommendation, in whole or in part, or may make his/her decision independent of the committee’s findings.
   10. The grievant shall be provided a copy of the Committee’s report along with the President’s/Designee’s decision.
   11. Grievances which are processed through the grievance committee and upon which the President/Designee has made a decision are appealable to the Chancellor only where the grievance falls within the parameters set out in College Policy 06:09:00.
6. 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.
7. Responsibility for Implementation
   1. The President/Designee of the College has 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.
8. Maintenance of Records
   1. Copies of written grievances and complaints, and accompanying responses and documentation should be maintained in the Office of Organizational Culture and Engagement at the College for at least three (3) years. If a finding adverse to the grievant/complainant is made, the finding shall be maintained in the grievant/complainant’s personnel file.

To access the Grievance Complaint Form click on the link below: Grievance Complaint Form

9. Appendix A:  Grievance Complaint Form  

Source: Tennessee Board of Regents (TBR) Guideline P-110 Employee Grievance-Complaint Guideline

Submitted to Policy Review Committee on March 2, 2026

Submitted to Policy Review Board on April 13, 2026

Approved by Policy Review Board on April 29, 2026

Previous Version(s):

Presidents Meeting: August 18, 1987; May 16, 1989; August 21, 2001; February 13, 2002; February 13, 2008; May 21, 2013

Approved: Executive Staff and President’s Cabinet, 05/20/09

Reviewed and Revised by:  Human Resources, November 2000, January 2010 

Approved by Policy Review Board on May 7, 2025