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Employee Complaint Processing Policy

Section:600
Section Title:Administrative
Policy Number:620
Policy Name:Employee Complaint Processing Policy
Approval Authority:President's Cabinet
College Policy Executive:Chief Planning Officer
Responsible Executive:Vice President for Administration and Finance
Responsible Unit:Human Resources
Date Adopted:June 11, 1997
Date Revised:September 2013, January 2014, October 17, 2018

Policy

Policy

The College will facilitate the resolution of complaints arising from employment with the College.

Reason for Policy

To provide due process for administrative, professional, supervisory and confidential staff not included in a Collective Bargaining Unit.

To Whom Does the Policy Apply

Administrative, professional, supervisory and confidential staff not included in a Collective Bargaining Unit

Related Documents

  • Procedure

Contacts

Office of Human Resources
(201) 684-7506

Procedure

Employee Complaint Filing Procedures  

The College facilitates the resolution of complaints arising from employment at the College.  Employees (see eligibility below) can use the following procedure to file a complaint about an alleged violation of College policies, the misconduct of a person or persons affiliated with the College (student, employee, contractor of the College, or visitor), administrative regulations or statutes with respect to conditions of employment, or for appealing disciplinary actions.

This policy and procedure shall constitute the full and exclusive right and remedy for any and all such claims by eligible employees at the College.  This procedure may not be used to grieve the reduction or expiration of grants, or the expiration of individually negotiated contracts.

Eligibility

This procedure applies to full-time, permanent managerial or confidential employees and persons appointed under grants and/or contracts if those grants and/or contracts make no alternative provision concerning employment “due process”.  The procedure applies to employees covered by a collective bargaining agreement (American Federation of Teachers (AFT), Communications Workers of America (CWA), International Federation of Professional, Technical Engineers (IFPTE), probationary or temporary employees, in so far as the contract does not take precedence over violations of laws, codes, and policies promulgated at the Federal and State levels.  Student employees are covered by the policy “Student Complaints of a Non-Academic Nature”.

Resolution Processes

Before filing complaints, affected employees should carefully evaluate the nature of their concerns which may fall under separate College policies and procedures and may be adjudicated by different offices.

These concerns may include alleged violations of the:

  1. Laws of the State of New Jersey (i.e. criminal, traffic, domestic violence laws). Employees should file these concerns with the Public Safety Department, which may refer them to the Mahwah Police Department.
  1. State of New Jersey Uniform Ethics Code. Employees should file these concerns in the Office of Employee Relations or the Office of the General Counsel.
  1. State of New Jersey Policy Prohibiting Discrimination in the Workplace. Employees should file these concerns with the Office of Affirmative Action and Workplace Compliance.
  1. Violence in the Workplace. Employees should file these concerns with the Human Resources Department or with the Public Safety Department.
  1. College Policies and Procedures. Employees should file these concerns with the Human Resources Department, the Office of Employee Relations, or the Office of the Ombudsperson.
  1. Misconduct of a person or persons affiliated with the College (student, employee, contractor of the College, or visitor). Employees are encouraged, whenever appropriate and feasible, to resolve those concerns directly with the individuals involved.  If that is not possible, employees should file their complaint with the Human Resources Department (if the complaint involves misconduct of non-AFT professional staff or faculty), with the Office of Employee Relations (if the complaint involves misconduct by AFT professional staff or faculty), Office of the Ombudsperson, or the Public Safety Department (which may forward the complaint to the appropriate department).
  1. Administrative regulations or statutes with respect to conditions of employment. Managerial or confidential employees and persons appointed under grants should file their concerns with the Human Resources Department.  Employees covered by a collective bargaining agreement should file their concerns with their respective union representative.
  1. Concerns about the way offices conduct business that cannot be resolved directly with the individuals involved. Employees should file these complaints with the managers of the relevant units. If employees have cause for not directing their complaints to those managers, they may file their complaints with the Human Resources Department or the Office of the Ombudsperson.
  1. Misuse of College funds or other resources/Whistleblower Policy). Employees should file their concerns with the Office of the Internal Auditor.
  1. Outcomes of disability-related accommodation. Employees should file their concerns with the Office of the Title IX/ADA Coordinator.
  1. Outcomes of Disciplinary actions. Managerial or confidential employees and persons appointed under grants should file their concerns with the Office of Human Resources.  Employees covered by a bargaining agreement should file their concerns with their respective union representative.

Once employees contact these offices, they may be guided to follow separate procedures for filing complaints of an alleged violation cited above.

Tabular View of Alleged Concerns, Complaints, Violations and Responsible Offices

       Alleged Concerns/          Complaints/Violations

               File Complaint with. . .
Laws of the State of New Jersey Public Safety Department
Ethical Misconduct of Employees State of New Jersey Uniform Ethics Code Office of Employee Relations or the Office of the General Counsel
Workplace Violence Human Resources Department or Public Safety Department

 

New Jersey State Policy Prohibiting Discrimination in the Workplace Office of the Director of Affirmative Action and Workplace Compliance
College Policies and Procedures Department of Human Resources, the Office of Employee Relations, Office of the Ombudsperson
Misconduct of persons affiliated with the College (student, employee, contractor  of the College, or visitor) Whenever appropriate and feasible, resolve concerns directly with the individual(s) involved.  If not appropriate and feasible, file complaint with the relevant manager, or Department of Human Resources (non- AFT faculty/ professional staff), Office of Employee Relations (AFT faculty/professional staff), Office of the Ombudsperson, or  Public Safety Department
Administrative regulations or statutes with respect to conditions of employment Human Resources Department, Union Representative
Concerns about the way offices conduct business Whenever appropriate and feasible, resolve concerns directly with the individual(s) involved.  If not appropriate and feasible, file complaint with the relevant manager, Human Resources Department, or Office of the Ombudsperson
Misuse of College funds or other College resources/Whistleblower Policy) Office of the Internal Auditor
Outcomes of disability-related accommodation requests Office of the Title IX/ADA Coordinator
Outcomes of Disciplinary actions Human Resources Department, Office of Employee Relations, Union Representative