Grievance Procedure of Democratic Club of Claremont

Grievance Procedure

Democratic Club of Claremont Grievance Committee

Grievance Procedure: The Democratic Club of Claremont (DCC) seeks to employ the principles of Restorative Justice in handling grievances. The timelines described below shall be tolled until engagement in the Restorative Justice Process is concluded or determined to be inappropriate or unsuccessful.

  1. Grievance Committee:
    • A Grievance Committee consisting of three members and one alternate shall be appointed by the DCC executive board within twenty-eight (28) days of adopting this procedure and thereafter 28 days after electing the DCC’s officers at the January meeting of odd numbered years. Any grievance committee position that the DCC executive board fails to appoint within this time limit shall be elected by the membership at its next regularly scheduled meeting.
    • The Grievance Committee shall meet and elect its own chair within fourteen (14) days of appointing its full membership.
    • The Grievance Committee may meet in person, video conference, or by telephone, but may only interview witnesses in person or by video conference.
    • Meetings of the Grievance Committee fall under the “Member Disciplinary and Other Proceedings Involving the Right to Privacy” exception to the “Policy Statement By the Rules Committee of the California Democratic Party on the Open Meeting Rule” and therefore shall not be public.
    • Once a member is appointed, if a permanent vacancy occurs, it shall be filled by the alternate within twenty-eight (28) days of notice of the vacancy. If a permanent vacancy occurs with the alternate, the DCC executive board shall appoint another alternate within this time limit. If either type of vacancy is not filled within this time limit, a member shall be elected by the general membership at its next regularly scheduled meeting.
  2. Grounds and Jurisdiction: The sole grounds for a member filing a grievance, and the jurisdiction of the Grievance Committee, shall be an alleged:
    • a. Violation by a club member of Local, State, or Federal laws or regulations having a direct impact on:
      • This Club, or
      • The grievant
    • b. Violation of the Code of Conduct, the Policy Against Harassment and Workplace Violence, or these procedures.
  3. Standing: A grievant must be a member in good standing of the Democratic Club of Claremont who alleges conduct by another club member that directly and adversely impacts the grievant’s ability to participate in club activities.

  4. Remedy: If a grievance is found to have merit, it may lead to any of the following:
    • Private Admonishment,
    • Public Admonishment,
    • Suspension of Club Rights for a time certain not to exceed 60 days,
    • Removal from Club Office, and/or,
    • Removal from Club membership
  5. Initiating a Grievance: A grievance may be initiated by filing, within 42 days of the incident giving rise to the grievance, a Written Statement with any member of the DCC executive board and the chair of the grievance committee. If the grievance is initially filed with a member of the DCC executive board, it will be forwarded by email to the chair of the grievance committee within three days. A grievance shall set forth with specificity:
    • The text of the Local, State, or Federal law or regulation, or Code of Conduct, or Policy Against Harassment and Workplace Violence, provision alleged to have been violated,
    • A statement of facts supporting the allegation, and,
    • The requested remedy.
  6. Initial Determinations and Actions:
    • Within fourteen (14) days of receipt of the Written Statement, the Grievance Committee shall make an initial determination, based solely upon the Written Statement, of standing, jurisdiction, and actionable allegations.
    • If those conditions are met, the Chair of the Grievance Committee shall contact the accused within seven (7) days and, without disclosing the grievant's identity, describe the allegation(s),and offer the remedy requested by the grievant.
    • If rejected by the accused, the Grievance Committee shall provide the accused with a copy of the grievance, identify the grievant, request a written response within fourteen days, and instruct the accused not to contact the grievant during the duration of this process.
  7. Confidentiality: The identity of all persons involved in the process, and all information regarding the allegation(s), shall be confidential, except as otherwise specified herein.

  8. Hearings:
    • The determination whether or not to hold a hearing shall be made within seven (7) days of receipt of the Written Response, or seven days after expiration of the deadline for submitting the written response, whichever comes first. A determination not to hold a hearing constitutes dismissal of the allegation, which shall be communicated to the parties within seven (7) days.
    • If the Grievance Committee determines by majority vote to require a hearing, it shall be held within fourteen (14) days of that determination.
    • Except in cases falling under 2b above, the Grievance Committee shall determine the form of the hearing – whether the parties shall appear simultaneously or sequentially, whether they will be interviewed in-person, by phone, or by video conference, and whether a representative or support person may accompany them. Given their probative value, there shall be a presumption in favor of hearings that use in-person interviews. In cases falling under 2b, however, the parties shall appear sequentially. Except for that requirement, the Grievance Committee shall determine the form of the hearing.
  9. Orders:
    • Orders of the Grievance Committee shall be conveyed within fourteen (14) days of the conclusion of any Hearing.
    • Only by majority vote following a hearing may the Grievance Committee issue a private admonishment, temporary suspension of rights not to exceed 60 days, or deny the grievance.
    • Only by unanimous vote following a hearing, concurred in by a majority vote of the DCC executive board, may the Grievance Committee issue a public admonishment, or remove an accused from office or DCC membership.
    • At any stage of this process the Grievance Committee may issue an Order Extending Time for cause.
    • If no remedy is imposed within fourteen (14) days of the conclusion of any Hearing, the grievance shall be deemed denied, unless time has been extended for cause.
    • All Orders shall be sent to the accused by first class mail, and, if an email is on file with the DCC, by email.
    • A written decision shall be rendered, setting forth the allegations made, facts determined, and remedy imposed, if any, and shall be sent to the grievant and accused.
  10. Appeals:
    • The accused may, within fourteen (14) days of the mailing of the Order(s), appeal any public admonishment, Suspension of Rights, or Removal from office or membership, to the DCC executive board, which shall hear the matter at its next regularly scheduled meeting. Private admonishments are not subject to appeal.
    • The grievant may, within fourteen (14) days of the mailing of the Order(s), appeal a dismissal or denial of the grievance, or the ordered remedy, to the DCC executive board, which shall hear the appeal at its next regularly scheduled meeting.