KCTCS Board of Regents Policies

2.16 KCTCS Personnel Dispute Resolution

2.16.1 Informal Personnel Dispute Resolution Procedure

KCTCS firmly believes in openly communicating issues that affect employees and the work environment. Accordingly, KCTCS encourages employees to bring an issue or dispute with a coworker to discuss that issue or dispute directly with that individual. If a resolution is not reached, employees shall arrange a meeting with their immediate supervisor to discuss any concern, problem, or issue that arises during the course of employment. Any information discussed in such meetings is considered confidential to the extent possible. Retaliation against any employee for appropriate usage of open communication channels is prohibited. It is counterproductive to a harmonious workplace for employees to create or repeat rumors or office gossip. It is more constructive for an employee to consult his/her immediate supervisor immediately with any questions.

Supervisors have the responsibility to respond promptly to these questions. All members of the faculty and staff of the Kentucky Community and Technical College System have full rights of communication with administrative officers of the Kentucky Community and Technical College System and Board of Regents through established administrative channels. KCTCS faculty and staff shall send official recommendations and communications to their immediate supervisor. The immediate supervisor, when requested, shall transmit these recommendations or communications, with any comments and recommendations, to the next higher supervisor.

2.16.2 Formal Personnel Dispute Resolution Procedures

All members of the faculty and staff of the Kentucky Community and Technical College System are entitled to appeal any decision affecting terms of their employment by the Kentucky Community and Technical College System through regularly established channels. The Kentucky Community and Technical College System policies and procedures in no way limit the KCTCS President from communicating with members of the faculty and staff, nor do they prevent communication among members of the faculty, staff, administrative officers and the Board of Regents for purposes other than the submission of official recommendations and communications.

In accordance with KRS 164.586, the KCTCS Board of Regents has established a personnel dispute resolution system that is available to all employees. The personnel dispute resolution system includes appeal processes through the faculty KCTCS Senate Advisory Committee on Appeals, the KCTCS Complaint Resolution Procedure, and the KCTCS Independent Third Party Appeal Process.

For faculty appeals related to termination and the procedures used in the promotion process, a faculty member may submit an appeal to be heard by the faculty KCTCS Senate Advisory Committee on Appeals.

The KCTCS Complaint Resolution Procedure is a multi-stage appeals process available for designated types of complaints by faculty and staff, beginning with a review by the employee’s immediate supervisor and may progress through established administrative channels. Through the Complaint Resolution Procedure an employee shall make an oral complaint concerning a violation, misinterpretation or improper application of a specific personnel statute, regulation, safety procedure or policy.

The KCTCS President is authorized to promulgate formal complaint and appeals procedures to comply with KRS 164.586.

After completion of the appeals processes through the faculty KCTCS Senate Advisory Committee on Appeals or the KCTCS Complaint Resolution Procedure, employees may access the KCTCS Independent Third Party Appeal Process for designated types of complaints, as defined in the KCTCS Board of Regents policies regarding the independent third party appeal process.