In an effort to hear and resolve employee concerns or complaints in a timely manner, and at the lowest administrative level possible, Texans Can has adopted an orderly process that all employees are to follow.

Complaint/Grievance

The terms “complaint” and “grievance” shall have the same meaning. A complaint under this policy may include any of the following:

1. Complaints or grievances concerning an employee’s wages, hours, or conditions of work, including performance reviews.

2. Complaint or grievances concerning violations of Texans Can policy.

3. Complaints or grievances regarding specific allegations of unlawful discrimination in employment based on the employee’s sex, race, religion, national origin, age or disability, sexual orientation, etc.

4. Complaints or grievances regarding specific allegations of unlawful discrimination or retaliation based on the employee’s exercise of legally protected rights.

5. Complaints or grievances regarding specific allegations of adverse personnel action based on the employee’s good faith report to an appropriate law enforcement authority of a violation of a law by Texans Can or a Texans Can employee, i.e., “whistleblower complaints.”

6. Complaints or grievances arising from the dismissal or termination of an at-will employee.

7. Any other complaint or grievance not specifically mentioned above, brought by an employee against another employee, supervisor, student, vendor or Texans Can Academies.

Informal Process

The Texans Can Board of Trustees encourages employees to discuss their concerns and complaints through informal conferences with their supervisor/principal, or other appropriate administrators. Concerns should be expressed as soon as possible to allow early resolution at the lowest possible administration level.

Formal Process

If an informal conference regarding a complaint fails to reach the outcome requested by the employee, he or she may initiate the formal process by filing a written complaint in a timely fashion using the online complaint form.

All formal complaints and grievances must be submitted on the form provided by Texans Can Academies to the office of Human Resources within 10 business days of the date the employee knew or should have known of the action(s) giving rise to the complaint. They may be submitted via mail, email to hr@texanscan.can.org or hand delivered to the Human Resources Department at 325 W. 12th St. Dallas, TX. 75208.

Level I

Upon receipt of the complaint form, the proper administrator will be notified to schedule a meeting to hear the concerns of the employee and investigate the matter as appropriate. In most cases the supervisor will hear the concerns unless its content falls outside the scope of authority of the supervisor. Additionally, complaints alleging a violation of law by a supervisor may be assigned to another appropriate administrator as determined by the Human Resources Department. The administrator may set reasonable time limits for the conference. The Human Resources Department will schedule and assist supervisors and principals with the complaint process. If the employee fails to appear at the scheduled conference, the administrator may hold the conference and issue a decision in the employee’s absence. After the employee presents their concerns, the person assigned to hear the grievance will provide a written decision within ten (10) working days of the date of the conference, absent extenuating circumstances.

Level II Appeal

Employees (complainant or respondent) who are not satisfied with the results of the Level I findings have ten (10) working days to file a Level II Appeal by notifying the Chief Human Resources Officer in writing that he or she wishes to appeal the findings. The Chief Human Resources will assign the appropriate administrator to review the complaint file and conduct any further investigation, as appropriate. A written decision will be sent to the employee within ten (10) working days following the receipt of the appeal, absent extenuating circumstances.

Level III Appeal

When, in the opinion of the employee (complainant or respondent), no resolution has been reached at the lower levels, the employee may submit a Level III Appeal to address the Board of Trustees with their concerns. Level III Appeals must be submitted to the Chief Human Resources Officer in writing within ten (10) days of receipt of the Level II Appeal findings via mail, email or hand delivery. The matter will be placed on the Board agenda for the next regularly scheduled Board meeting (or the following meeting if the required notice period has already passed). The Board may give notice of its decision orally or in writing at any time up to an including the next regularly scheduled Board meeting after the Board hears the complaint. If the Board does not make a decision regarding the complaint by the end of the next regularly scheduled meeting, the lack of a response by the Board upholds the administrative decision.

Freedom from Retaliation

Neither the Board of Texans Can nor any Texans Can employee shall unlawfully retaliate against an employee for bringing a grievance or complaint.