SparkWell Grievance Policy

1. About this Policy

1.1. This policy provides a fair process for employees and contractors to raise workplace concerns or complaints.

1.2. Most grievances can be resolved quickly and informally through discussion with your supervisor or Board President. If informal resolution doesn't work, follow the formal procedure below.

1.3. This policy applies to all employees and contractors regardless of length of service.

1.4. This policy does not form part of any employment contract and may be amended at any time.

1.5. This policy covers all workplace grievances including, but not limited to:

• Harassment, discrimination, or retaliation
• Denial of accommodations
• Health and safety concerns
• Supervisor or colleague behavior
• Changes in employment terms or conditions
• Compensation or benefits disputes
• Work environment issues
• Policy implementation or interpretation

2. What Is a Grievance?

2.1. A grievance is a formal complaint about:

• Treatment by supervisors, colleagues, or board members
• Working conditions or environment
• Implementation or interpretation of organizational policies
• Terms and conditions of employment
• Discrimination, harassment, or retaliation
• Health and safety issues
• Decisions that adversely affect your employment

2.2. What Is NOT Covered by This Policy

2.2.1. This grievance policy does NOT cover:

• Disciplinary decisions: Use the appeal process in the Misconduct & Discipline policy
• Performance feedback: Unless you believe it's discriminatory or retaliatory
• General disagreements about organizational strategy or direction (unless they directly affect your employment terms)
• Third-party complaints: Issues between others that don't affect you

2.3. Informal Resolution First

2.3.1. Before filing a formal grievance, try to resolve the issue informally by:

• Discussing the concern directly with the person involved (if you feel safe and comfortable doing so)
• Speaking with your supervisor or Board President
• Seeking mediation or coaching to facilitate discussion

2.3.2. Note: Informal resolution is not required for serious issues like:

• Harassment or discrimination
• Safety violations
• Illegal conduct
• Retaliation

2.3.3. For these serious issues, you may proceed directly to a formal grievance.

3. Filing a Formal Grievance

3.1. Step 1: Submit Written Grievance

3.1.1. If informal resolution doesn't work or isn't appropriate, submit a written grievance.

3.2. Who to Submit To

3.2.1. General workplace issues: Board President

3.2.2. Concerns about Board President: Another board member

3.2.3. Harassment, discrimination, or retaliation: Board President or any board member

3.2.4. Board member conduct: Another board member or email to the full Board

3.2.5. Safety concerns: Board President or safety officer (if designated)

3.3. What to Include in Your Written Grievance

3.3.1. Include the following information:

• Clear description of the complaint
• Relevant facts, dates, and times
• Names of individuals involved
• Any witnesses
• Supporting evidence or documentation (emails, messages, photos, etc.)
• What resolution you're seeking
• Any previous attempts to resolve the issue informally

3.3.2. The more detail you provide, the more efficiently we can investigate and address your concerns.

3.4. How to Submit

3.4.1. Email (preferred for documentation)

3.4.2. Alternative: Written letter delivered to appropriate person

3.5. Timeframe for Filing

3.5.1. File grievances as soon as possible after the issue occurs or you become aware of it. While there's no strict deadline, significant delays may affect our ability to investigate effectively (e.g., memories fade, evidence becomes unavailable).

4. Step 2: Grievance Meeting

4.1. We will arrange a meeting within 5-10 business days of receiving your written grievance.

4.2. Meeting Purpose

4.2.1. The meeting will:

• Discuss your concerns in detail
• Give you opportunity to present your case fully
• Ask clarifying questions
• Review evidence
• Identify potential solutions

4.3. Your Rights at the Meeting

4.3.1. Attendance: Make every reasonable effort to attend

4.3.2. Companion: Bring one companion (colleague or support person) if approved in advance - must respect confidentiality

4.3.3. Present evidence: Bring documents, witnesses, or other supporting information

4.3.4. Ask questions: Ask questions of the decision-maker and respond to their questions

4.3.5. Take notes: You may take notes or record key points

4.4. If You Can't Attend

4.4.1. Notify us as soon as possible if you cannot attend

4.4.2. We'll try to reschedule to a mutually convenient time within reason

4.4.3. Provide alternative date(s) within 5 business days of the original meeting

4.4.4. If you persistently fail to attend without good reason, we may make a decision based on available information

4.5. Meeting Process

4.5.1. Anti Entropy representative will explain the process

4.5.2. You'll present your grievance and evidence

4.5.3. We'll ask questions to understand the situation fully

4.5.4. We may ask you to clarify specific points

4.5.5. You'll have opportunity to ask questions

4.5.6. We'll discuss possible resolutions

4.6. Adjournments

4.6.1. We may pause or adjourn the meeting to:

• Conduct further investigation
• Interview witnesses or gather additional evidence
• Review relevant documents or policies
• Consult with legal counsel or other experts

4.6.2. The meeting will be reconvened once additional information is gathered, typically within 1-2 weeks.

5. Step 3: Investigation and Outcome

5.1. Investigation Process

5.1.1. Confidentiality:

• Investigations are kept as confidential as possible
• Information shared only on a need-to-know basis or as required by law
• All parties involved are expected to maintain confidentiality
• Breaching confidentiality may result in disciplinary action

5.1.2. Investigation may include:

• Review of documents, emails, messages, and other evidence
• Interviews with you, the subject of the complaint, and witnesses
• Examination of relevant policies, procedures, and past practices
• Review of similar past situations
• Consultation with legal counsel or other experts if needed

5.1.3. Your cooperation:

• Respond promptly to requests for information
• Provide honest and complete information
• Make yourself available for follow-up questions
• Respect the confidentiality of the process

5.1.4. Timeline:

We will complete the investigation and provide a decision typically within 2-4 weeks of the grievance meeting, depending on complexity.

For simpler matters, we may respond sooner. For complex matters involving multiple witnesses or extensive investigation, we'll keep you informed of progress.

5.2. Decision and Notification

5.2.1. The Board President (or designated board member who wasn't involved in the matter) will notify you in writing of:

• Our decision and findings
• Reasons for our decision
• Actions we will take to resolve the grievance (if any)
• Timeline for implementing any actions
• Your right to appeal and how to exercise it

5.3. Possible Outcomes

5.3.1. If your grievance is upheld (fully or partially):

• Corrective actions: Training, coaching, policy clarification, process improvements
• Disciplinary action: If misconduct occurred, appropriate discipline per the Misconduct & Discipline policy
• Work arrangement changes: If needed to address the situation (e.g., reporting structure, work location)
• Policy changes: If the situation revealed policy gaps or issues
• Apology or acknowledgment: If appropriate
• Other remedies: As appropriate to the situation

5.3.2. If your grievance is not upheld:

• Explanation of why we reached this conclusion
• What we investigated and found
• Information about your appeal rights
• Any recommendations for moving forward

5.3.3. Partial findings:

Sometimes investigations find that some aspects of a grievance are valid while others are not. We'll explain our findings for each aspect of your complaint.

5.4. Protection from Retaliation

5.4.1. Anti Entropy will not retaliate against you for filing a grievance in good faith. Anyone who retaliates against you will face disciplinary action up to and including termination.

5.4.2. Retaliation includes:

• Adverse employment actions (demotion, termination, reduction in pay or hours)
• Harassment or hostile treatment
• Exclusion from meetings or opportunities
• Negative performance reviews based on retaliation
• Any other detrimental treatment

5.4.3. If you experience retaliation, report it immediately to the Board.

5.4.4. Filing a grievance in good faith, even if it's not upheld, will not result in any negative consequences for you.

5.5. External Complaint Options

5.5.1. You have the right to file complaints with external agencies regardless of whether you use this internal process. Using this internal process does not waive your right to file externally, and vice versa.

5.5.2. Relevant external agencies:

5.5.2.1. Equal Employment Opportunity Commission (EEOC): For discrimination, harassment, or retaliation complaints

• Website: www.eeoc.gov
• Typically must file within 180-300 days of the incident

5.5.2.2. Texas Workforce Commission: For employment-related complaints

• Website: www.twc.texas.gov

5.5.2.3. Occupational Safety and Health Administration (OSHA): For workplace safety concerns

• Website: www.osha.gov

5.5.2.4. National Labor Relations Board: For certain workplace rights issues

• Website: www.nlrb.gov

5.5.3. Note: External agencies have strict deadlines. Don't delay filing if you're considering external complaints.

6. Step 4: Appeals

6.1. If you're not satisfied with the outcome of your grievance, you may appeal.

6.2. How to Appeal

6.2.1. Submit a written appeal within 5 business days of receiving the decision.

6.2.2. Your appeal should include:

• Why you believe the decision was wrong or unfair
• Any new evidence not previously considered
• Specific aspects of the decision you're challenging
• What outcome you're seeking

6.2.3. Submit appeals to:

• A board member who wasn't involved in the original decision
• If all board members were involved, appeal to the full Board

6.3. Appeal Process

6.3.1. Appeal meeting:

• Held within 10 business days of receiving your appeal
• You'll have opportunity to present your appeal
• New decision-maker will review all evidence and your appeal grounds

6.3.2. Handled by:

• Board member(s) who weren't involved in the original grievance decision
• Will conduct impartial review

6.3.3. Your rights at appeal:

• Bring one companion if approved in advance
• Present your case and any new evidence
• Respond to questions
• Explain why you believe the original decision was wrong

6.3.4. Final decision:

• Provided in writing within 5 business days of the appeal meeting
• Will include reasons for upholding or overturning the original decision
• Will outline any actions resulting from the appeal

6.4. Appeal Decision

6.4.1. Appeal decisions are final. There is no further internal appeal.

6.4.2. However, you retain all rights to pursue external complaints with agencies like the EEOC if applicable.

7. Grievances from Contractors

7.1. Contractors may file grievances following the same process as employees.

7.2. Differences for Contractors

7.2.1. Resolution options: May include contract modification, additional training, or contract termination rather than employment-related remedies

7.2.2. Remedies: Some remedies available to employees (e.g., changes to benefits) may not apply to contractors

7.2.3. External agencies: Some employment agencies (like EEOC) may not have jurisdiction over contractor relationships

7.2.4. Contract terms: Review your contractor agreement for any additional dispute resolution provisions

7.2.5. Contractors are encouraged to review their contract terms alongside this policy.

8. Special Circumstances

8.1. Multiple Grievances

8.1.1. If multiple people file grievances about the same issue or person:

• We may investigate them together for efficiency
• Each person has the right to individual meetings if desired
• Each person will receive individual notification of findings
• Decision may address all grievances collectively where appropriate

8.2. Grievances During Disciplinary Process

8.2.1. If you file a grievance while undergoing disciplinary action:

• Both processes will typically proceed separately unless they're directly related
• Disciplinary process may be paused if the grievance could affect the outcome
• Filing a grievance will not be used to delay legitimate disciplinary action
• If the grievance is about the disciplinary process itself, they will be handled together

8.3. Anonymous Grievances

8.3.1. While you can submit anonymous concerns, investigating anonymous grievances is difficult because:

• We cannot ask you follow-up questions
• We cannot keep you informed of outcomes
• We cannot ensure your protection from retaliation if we don't know who you are
• We may not have enough information to fully investigate

8.3.2. If you want to remain anonymous, provide as much detail as possible:

• Specific facts, dates, times, locations
• Names of witnesses
• Documentary evidence
• Description of any patterns

8.4. Vexatious or Malicious Grievances

8.4.1. Filing a grievance in good faith, even if not upheld, will never result in disciplinary action.

8.4.2. However, the following may result in disciplinary action under the Misconduct & Discipline policy:

• Knowingly filing false grievances
• Filing malicious grievances intended to harm others
• Providing false evidence or testimony
• Abusing the grievance process

8.5. Grievances About Board Members

8.5.1. If your grievance is about a board member:

• Submit to another board member or the full Board
• The subject board member will be excluded from the investigation and decision
• The remaining board members will handle the grievance
• If necessary, an external investigator may be appointed

9. Record-Keeping

9.1. We maintain confidential records of all grievances, including:

• Written grievance and all supporting documents
• Investigation notes, evidence gathered, and witness statements
• Meeting records and notes
• Decision letters and rationale
• Any actions taken
• Appeal records and outcomes (if applicable)

9.2. Confidentiality and Access

9.2.1. Records are kept securely (electronic or physical, depending on format)

9.2.2. Accessed only on a need-to-know basis

9.2.3. Maintained in accordance with applicable laws and our document retention policy

9.2.4. May be reviewed by legal counsel or external investigators if needed

9.3. Retention

9.3.1. Grievance records are retained for at least 3 years or as required by law

9.3.2. Records of grievances involving discrimination, harassment, or legal claims may be retained longer