Statement of Policy

BMA is committed to maintaining a collegial work environment in which all individuals are treated with respect and dignity.  Situations may occur where an employee believes that the fair and consistent application of a policy affecting him or her has not been followed. In most cases, BMA expects that the employee will be able to satisfactorily address such concerns within his or her work area or group. However, when a recent or continuing problem has not been resolved within a particular work area or group, BMA will provide employees an alternative vehicle for doing so. No employee shall be subjected to discrimination or adverse treatment for participating in a grievance procedure.

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Definition of Grievance

A “basic grievance” is defined as a claim that BMA has violated a published policy in the manner in which an employee was treated. Basic grievances do not involve claims of:

Possible discrimination on the basis of race, color, sex (including sexual harassment or sexual orientation), religion, creed, age, handicap, national origin, or status as a veteran. Employees wishing to pursue claims of such discrimination must contact the BMA Program Manager at the BMA HQ.

 

Disputes over salary grades or salary/rate of pay, or disputes over a supervisor’s judgment regarding job performance or professional competence should be brought to the employee’s human resources consultant. Although problems of this nature are not covered by the Basic Grievance Policy, an employee with these concerns is encouraged to discuss them with his/her lead teacher or the human resources department at BMA HQ, or the appropriate contact within the BMA HQ at the Program Management level.

 

The Office of Human Resources will determine whether or not a dispute is within the scope of this policy.

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Individuals Covered Under the Policy

This policy covers all employees.  BMA will acknowledge grievances by employees or by non-employees who conduct business with BMA.  Any employee who feels they have been subjected to mistreatment should communicate the matter immediately and directly to either the Office of Human Resources, the Program Manager, or Senior Management.  BMA will investigate any incident of alleged mistreatment by a person who is not an employee of BMA to the extent practical and will take any action it deems appropriate after evaluating all circumstances.  BMA encourages reporting of all incidents of harassment, regardless of whom the offender may be, in accordance with the method set out below.

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Reporting a Complaint - Informal Procedure

BMA encourages individuals who believe they are being mistreated to clearly and promptly notify the offender that his or her behavior is unwelcome.  If for any reason an individual does not wish to approach the offender directly, or if such discussion does not successfully end the harassment, the individual should notify the either the Office of Human Resources, the Program Manager, or Senior Management of BMA, who may talk to the alleged harasser or arrange for mediation between the individual and the alleged harasser with a third person acceptable to both. 

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Formal Procedure

In the event that the reporting individual does not wish to pursue the informal procedure, or in the event that the informal procedure does not produce a result satisfactory to the reporting individual, the following steps should be followed to report the grievance to initiate a formal procedure:

 

Notification

An individual who believes he or she has been subjected to harassment should report the incident to the either the Office of Human Resources, the Program Manager, or Senior Management of BMA. 

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Description of Misconduct

An accurate record of objectionable behavior is necessary to resolve a formal complaint of harassment.  All complaints of mistreatment must be reduced to writing by either the reporting individual or the individual(s) designated to receive the complaint.

 

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Time for Reporting a Complaint

Prompt reporting of complaints is strongly encouraged as it allows for rapid response and resolution of objectionable behavior or conditions for the reporting individual and any other employees.  Failure to report an incident may result in the offender not being aware his or her conduct is offensive and thereby repeating the activity. 

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Protection Against Retaliation

BMA will not retaliate against an individual who makes a report of mistreatment, nor permit any employee to do so.  Retaliation is a very serious violation of this policy and should be reported immediately.  Any individual found to have retaliated against an individual for reporting harassment, or against anyone participating in the investigation of a complaint, may be subject to appropriate disciplinary action, up to and including termination of employment.

 

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Investigation of a Formal Complaint

 

Confidentiality

Any allegation of harassment brought to the attention of either the Office of Human Resources, the Program Manager, or Senior Management will be promptly investigated.  Confidentiality will be maintained throughout the investigation process to the extent practical and appropriate under the circumstances.

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Identification of Investigators

Complaints will be investigated by the President or Chief Operating Officer or his/her authorized representative.

 

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Resolving the Complaint

Upon completing the investigation, the investigator (if a designee other than the President or Chief Operating Officer) will report to the President or Chief Operating Officer.  The President or Chief Operating Officer will, in turn, review the investigation, make findings, and decide upon appropriate action to be taken.  The President or Chief Operating Officer will communicate findings and intended actions to the reporting individual and alleged mistreated person.  If the investigation shows that mistreatment occurred, the harasser will be subject to appropriate disciplinary action.

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Sanctions for Mistreatment

Individuals found to have engaged in misconduct constituting mistreatment shall be subject to appropriate disciplinary action, up to and including termination of employment.  Appropriate sanctions will be determined by the President or Chief Operating Officer of BMA.  In addressing incidents of harassment, BMA's response at a minimum will include reprimanding the offender and preparing a written record of the investigation and outcome. 

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False Accusations

If an investigation results in a finding that the reporting individual falsely and maliciously accused another of harassment, the reporting individual shall be subject to appropriate disciplinary action, up to and including termination of employment.  

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Maintaining a Written Record of the Complaint

BMA shall maintain a complete written record of each complaint and how it was investigated and resolved.  Written records shall be maintained in a confidential manner to the extent practical and appropriate and shall be maintained in the possession of the CEO or Chief Operating Officer of BMA.

 

Mediation

As an alternative for those wishing to resolve disputes between themselves without resorting to the formal complaint procedures, BMA will, if all parties agree, make available a trained outside mediator to help those parties find an amicable, informal solution.  If mediation does not solve the problem, the affected parties may still use the procedures in this policy.

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Conclusion

BMA has developed this policy in an effort to ensure that all of its employees can work in an environment free from mistreatment.  BMA is committed to eliminating any mistreatment in the workplace.

 

I agree to utilize the grievance procedures described in the grievance policy and will not bring grievances to the customer/client.