I. Purpose
A. The purpose of this Employee Grievance Hearings Procedure (“Hearing Procedure”) is to implement the Employee Grievance Policy (“Policy”) of Anne Arundel Community College (“College”) and Employee Grievance Procedure (“Grievance Procedure”) by providing a generally applicable and orderly process, which incorporates appropriate due process standards and provides for the prompt resolution of Grievances at the College.
B. This Procedure sets forth the process to conduct a hearing of an Employee Grievance during Step 2 of the Grievance Procedure.
II. Scope and Applicability
A. This Hearing Procedure applies to any appeal to Step 2 of the Formal Grievance Process under the Grievance Procedure.
B. This Hearing Procedure does not apply to student grievances.
C. To the extent that the College Manual conflicts with this Procedure, this Procedure supersedes the College Manual.
III. Definitions
All capitalized terms in this Hearing Procedure have the meanings provided in the Policy and the Grievance Procedure.
IV. Witness and Evidence Lists
A. No less than five (5) Business Days before the Hearing, each Party will provide the CCFPO or designee with a written list of the following:
1. Any witnesses that the Party intends to call at the Hearing and a short summary of the likely testimony for each witness; and
2. Any documents and other evidence that the Party intends to present at the Hearing and a copy of the document or evidence.
B. Upon receipt, the CCFPO will provide a copy of the witness and evidence list to the other Party and to the Hearing Officer and Hearing Board.
C. If a Party does not submit a witness and evidence list to the CCFPO or designee by the deadline, the CCFPO will inform the Hearing Officer.
D. Character witnesses and other witnesses who did not personally observe or have information relevant to the allegations in the Notice will not be permitted to testify at the Hearing and will be excluded by the Hearing Officer.
E. The Hearing Officer, at the Hearing Officer’s discretion or at the request of a Party, may hold a pre-hearing conference with the Parties, their Advisors, the Hearing Board members, and the CCFPO or designee to review the Hearing Procedures and any issues with the witness or evidence lists in advance of a Hearing. A member of General Counsel’s office may also attend a pre-hearing conference to advise the Hearing Officer regarding the Policy, Employee Grievance Procedure, and Grievance Hearing Procedure. General Counsel will not represent either Party at the pre-hearing conference, and the Hearing Officer will make a statement at the beginning of the pre-hearing conference to explain that General Counsel does not represent either Party.
V. General Hearing Procedures
A. Hearings will be held through electronic means. If a Party or Parties requests that the Hearing be held in another format, such as in person, the Hearing Officer will notify the other Party or Parties prior to making a final decision regarding the format. If the Hearing Officer determines that a different format will be used, the Hearing Officer will notify the CCFPO or designee to make arrangements for the Hearing.
1. If the Grievant, Respondent, or witness is unavailable on the Hearing date, the individual must notify the CCFPO or designee via email at least twenty-four (24) hours prior to the Hearing date and must provide the reasons that the individual is not available.
2. If the CCFPO or designee finds there is good cause, the CCFPO or designee may reschedule the Hearing date.
3. If either Party fails to appear for the Hearing, the Hearing will proceed without the Party’s participation, unless the Party can show a good cause for failing to appear, as determined by the CCFPO or designee.
B. The Hearing will be closed to individuals who are not directly involved in the Grievance.
1. Only the Hearing Board members, the Grievant, the Respondent, and the Parties’ Advisors may be present during the Hearing.
2. The CCFPO or designee may be present during the Hearing to provide administrative support, such as logistics, note taking, and recording.
3. Any other witness may be present at the Hearing only during the witness’ own testimony.
4. General Counsel may be present during the Hearing to provide legal advice to the Hearing Officer regarding the Policy, Employee Grievance Procedure, and Grievance Hearing Procedure. General Counsel will not represent either Party at the Hearing or provide legal advice regarding the merits of the Grievance on behalf of either Party, and the Hearing Officer will make a statement at the beginning of the Hearing to explain that General Counsel does not represent either Party.
C. The Hearing is not bound by rules of evidence that apply in court, and the Hearing Officer may admit any evidence or testimony the Hearing Officer considers to be of value in determining whether the Respondent is responsible for the allegations in the Grievance Form.
D. Recording the Hearing
1. The CCFPO or designee will arrange for the Hearing to be recorded, at the College’s expense.
2. No other individual may make audio or video recordings of any part of the Hearing, interviews, or meetings.
3. The Hearing Officer will state on the record that by participating in the Hearing, all individuals present are deemed to have consented to the recording.
4. The CCFPO or designee will maintain the recording of the Hearing, and Parties may be given access to the recording in accordance with the Employee Grievance Procedure.
VI. Opening Statements
A. During the Hearing, the Grievant will be permitted to make an opening statement as to why the Respondent should be found responsible for the allegations in the Grievance Form.
B. Then, the Respondent will be permitted to make an opening statement as to why the Respondent should not be found responsible for the allegations in the Grievance Form.
C. Each opening statement will be limited to no more than five (5) minutes, unless otherwise agreed upon by the Hearing Officer.
VII. Presentation of the Case
A. The Grievant will present the Grievant’s case by testifying, calling any witnesses, and/or submitting and discussing any documents or evidence.
B. The Respondent will be permitted to ask questions of the Grievant and any witness called by the Grievant.
C. Then, the Respondent will be permitted to present the Respondent’s case by testifying, calling any witnesses, and/or submitting and discussing any documents or evidence.
D. The Grievant will be permitted to ask questions of the Respondent and any witness called by the Respondent.
E. The Hearing Officer and Hearing Board members may ask questions of the Parties or any witness at any time.
F. If the Hearing Officer determines that any question is inappropriate or irrelevant to the allegations in the Grievance Form, the Hearing Officer may instruct the Party or witness not to answer.
G. The Grievant and the Respondent may not present witnesses, documents, or evidence that was not disclosed prior to the Hearing.
H. The Hearing Officer will permit all relevant witnesses and evidence disclosed prior to the Hearing; however, the Hearing Board may afford the testimony and evidence the amount of weight the Hearing Board deems appropriate.
I. If witness testimony, documents, or evidence goes well beyond the scope of the allegations in the Grievance Form, the Hearing Officer may direct the Grievant, Respondent, or witness to focus on the issues in the Grievance Form.
VIII. Closing Statements
A. Once both Parties have presented their cases, the Grievant will be permitted to make a closing statement as to why the Respondent should be found responsible for the allegations in the Grievance Form and may propose a remedy or solution.
B. Then, the Respondent will be permitted to make a closing statement as to why the Respondent should not be found responsible for the allegations in the Grievance Form and may oppose any remedies or solutions proposed by the Grievant and/or may suggest a different remedy or solution.
C. Each closing statement will be limited to no more than five (5) minutes, unless otherwise agreed upon by the Hearing Officer.
IX. Deliberations and Decision
A. After closing statements, the Hearing Officer will close the Hearing, and the Hearing Board will retire to deliberate.
B. During deliberations, the Hearing Board may not discuss the information discussed at the Hearing with anyone who is not a member of the Hearing Board, with the exception of the College’s General Counsel’s office.
C. The Hearing Board will determine whether the Grievant has proven that a Prohibited Action occurred by a Preponderance of the Evidence and if so, what remedy is appropriate, in accordance with the Grievance Procedure.
D. The Hearing Board will make its best efforts to reach a consensus among all of its members; however, if a consensus cannot be reached, the Hearing Officer may call a vote and the majority of the votes will determine the outcome.
E. The Hearing Officer must issue a written decision within fifteen (15) Business Days, in accordance with the Grievance Procedure.
Procedure Title: Employee Grievance Hearings Procedure
Policy Category: Human Resources
Policy Owner: President
Policy Administrator: Executive Director of Human Resources
Contact Information: Suzanne Boyer, [email protected], 410-777-2045
Approval Date: October 23, 2023
Effective Date: October 25, 2023
History: N/A
Applies to: All College employees
Related Policies: Employee Grievance Policy
Related Procedures:
Forms/Guidelines:
Relevant Laws: N/A