Formal Grievance Proceeding. Time Limits - Except for a grievance that alleges fraud or criminal activity, a grievance must be made no later than one year after the date of the alleged occurrence. If a hearing is held on a grievance, it must be conducted no later than 30 calendar days after the filing of such grievance. A decision on any such filed grievance must be made no later than 60 days after the filing of the grievance.
Formal Grievance Proceeding. AmeriCorps Texas Grievance Procedure
Step 1: Preliminary Complaint Resolution (PCR). As a preliminary first step, an aggrieved party should, if at all possible, address the concern directly with the AmeriCorps program in question, either through an immediate supervisor (if the aggrieved party is an AmeriCorps member) or with the program director or similar program authority (if aggrieved party is not an AmeriCorps member or if the direct supervisor is involved in the concern). Together, the program representative and the aggrieved party should first attempt to resolve the complaint through informal discussion and negotiation in alignment with the AmeriCorps program’s standard written policies for resolving complaints and concerns. Timeline: Immediate (as soon as possible and ideally within 30 days of the occurrence to allow time for informal resolution before ADR would need to be initiated).
Step 2: Alternative Dispute Resolution (ADR). If resolution is not achieved through Step 1 (Informal Resolution), the aggrieved party may then seek resolution through Alternative Dispute Resolution, which requires facilitated mediation and negotiation. ADR mediation proceedings must be aided by a neutral party who, with respect to an issue in controversy, functions specifically to aid the parties in resolving the matter through a mutually achieved and acceptable written agreement. The neutral party may not compel a resolution, and the proceedings are informal where the rules of evidence do not apply. At the initial session of dispute resolution proceedings, the aggrieved party must be advised in writing of the right to file a grievance and the right to arbitration. If the matter is resolved, the terms of the resolution are recorded in a written agreement, and the party agrees to forego filing any further grievance on the matter under consideration. With the exception of a written agreement, the proceedings are confidential. Timeline: ADR must be initiated within 45 days of the alleged occurrence. If matter is not resolved within 30 calendar days from the date the informal dispute resolution process began, the aggrieved party must be informed in writing of the right to file a formal grievance.
Formal Grievance Proceeding. If the party is filing a grievance after participating in ADR, the neutral party may not participate in the formal grievance process. In addition, no communications or proceedings of the ADR may be referred to or introduced into evidence at the grievance and arbitration proceeding. An aggrieved party may file a grievance hearing if (1) ADR fails to facilitate a mutually agreeable resolution, or (2) he/she chooses to proceed directly to the hearing without participating in ADR. Except for a grievance that alleges fraud or criminal activity, a request for grievance must be made within one year after the date of the alleged occurrence. A grievance hearing must be held no later than 30 days after the filing of such grievance, and a written decision must be made no later than 60 days after filing.
Formal Grievance Proceeding. To begin the Formal Grievance Resolution, the aggrieved party must complete an Ohio AmeriCorps Grievance Form provided by the program, on which they indicate that they would like to proceed with a Formal Grievance and submit the form to the Program Director or their designee. Except for a grievance that alleges fraud or criminal activity, a Formal Grievance must be filed no later than one year after the date of the alleged occurrence. A formal hearing must be conducted no later than 30 calendar days after the filing of such grievance. The formal hearing must allow the aggrieved party to present their case to the hearing body in person, unless the aggrieved party waives that right. A decision by the hearing body on any such filed Formal Grievance must be made no later than 60 days after filing, and both parties must be notified of the findings in writing. In the event an aggrieved party files a Formal Grievance after participating in an Informal Dispute Resolution process, the neutral party may not participate in the Formal Grievance proceeding. In addition, no communication or proceeding of the Informal Dispute Resolution process may be referred to or introduced into evidence at a Formal Grievance or Arbitration Proceeding. If there is an adverse decision by the hearing body against the party who filed the Formal Grievance, or no decision has been reached by the hearing body after 60 calendar days after the filing of a Formal Grievance, the aggrieved party may submit the Formal Grievance to Binding Arbitration before a qualified arbitrator who is jointly selected and who is independent of the interested parties. The aggrieved party must submit the request for Binding Arbitration on the Ohio AmeriCorps Grievance Form to the Program Director or the designee. If the parties cannot agree on an arbitrator, within 15 calendar days after receiving a request from one of the parties, the Corporation will appoint an arbitrator from a list of qualified arbitrators. An Arbitration Proceeding must be held no later than 45 days after the request for Arbitration, or if the Corporation appoints the arbitrator, the proceeding must occur no later than 30 calendar days after the arbitrator's appointment. The arbitrator must make a decision no later than 30 calendar days after the date the Arbitration Proceeding begins and notify both parties in writing of their decision. In accordance with 42 U.S.C. 12636(f) (4) (D), the cost of the Arbitration Proceeding must be divided eve...
