Complaints and Grievances: What’s the Difference?

By Luke Lara, FA Ombudsperson

Have you ever had a working conditions complaint? Did you wonder if it was grievable? What do these terms even mean? One of the main functions of the Ombudsperson is to educate and provide information and resources to faculty regarding their working conditions’ rights and responsibilities, particularly the grievance process and procedures. 

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Typically, faculty members will reach out to the Faculty Assembly (FA) or the Ombudsperson with a working conditions related complaint. After initial consultation, we can determine whether the complaint is grievable. Not all complaints are grievable. However, in the case that they are grievable, the District/Faculty Assembly Collective Bargaining Agreement (2025-2028) outlines the process to seek resolution. Article L.5.0 defines a grievance as the following:

A grievance is an allegation by any member of the Faculty Assembly (FA) that they have been adversely affected by any one or more of the following:

1. A violation, misinterpretation, omission, or misapplication of a specific term in this Agreement;

2. A violation, misinterpretation, omission, or misapplication of a written regulation, policy, or procedure of the district;

3. A deviation from an established past practice related to a working condition that may or may not be documented by a written instrument.

A grievance shall not include, and the grievance procedure shall not be used for, any of the following:

1. An alleged violation of the laws of the State of California or federal government;

2. An allegation of sexual harassment, or discrimination of any kind;

3. Matters of interpersonal conflicts or communication issues between employees of the district;

4. Any allegation of an adverse working condition which is subject to separate complaint procedures under this Agreement or the district’s Board Policies and Administrative Procedures (e.g., complaints of harassment or discrimination, employee discipline, tenure appeals, shared governance, student issues.)

In essence, any complaints that fall within the definition above are contractually grievable and there is a set of procedures that are outlined within Article L.5.0. Timelines are involved for both informal and formal grievance processes. Faculty are able to initiate the grievance process with or without seeking support of the Faculty Assembly. It is often best to initially consult with the Ombudsperson for guidance on the process. In rare cases, the Faculty Assembly may also decide not to support a faculty member’s grievance against the district. In any case, the faculty member has the right to file a grievance with the district following the process outlined in Article L.5.0.

The FA and the Ombudsperson work with the faculty member to understand the complaint and to determine whether the complaint meets the definition of a grievance. If the complaint does not meet the definition of a grievance, there are many other methods to address the issue. For example, in cases of interpersonal conflicts or communication issues with other employees of the district, possible resolutions may look like coaching for faculty, facilitated dialogues, and/or HR providing coaching to the supervisor. In cases where the complaint is an allegation of sexual harassment or discrimination of any kind, the complaint is elevated to HR to review possible approaches including an investigation, training, and/or other resolutions. In each case, we educate the faculty member of their rights and responsibilities, identify resources available including HR, and support faculty in seeking resolution.

The most frequent comment I hear from faculty is that they do not come forward with their grievance because they fear retaliation. Under our CBA in L.5.0, “No reprisals of any kind nor punitive action shall be taken by the district, the FA, the grievant, or any representative of the parties for participating in the grievance process.” That’s right, the grievant (person bringing the grievance forward) is protected from retaliation. 

The FA encourages all faculty to read the entirety of L.5.0. If you have any questions, concerns, or a potential complaint, contact the Ombudsperson, Luke Lara for a consultation.