Employee Relations

7.1.1

The proceedings are informal in nature. Procedural due process in this context does not require the features of the formal judicial proceedings employed by the courts of law, such as public hearing, representation by counsel, cross-examination of witnesses, warning as to self-incrimination, and adherence to rules of evidence. Instead, emphasis is placed on a method of getting at the facts, assuring those facts are reported accurately to the proper authority, and providing a decision based on the facts which is fair to all concerned.

The proceedings are informal in nature. Procedural due process in this context does not require the features of the formal judicial proceedings employed by the courts of law, such as public hearing, representation by counsel, cross-examination of witnesses, warning as to self-incrimination, and adherence to rules of evidence. Accordingly, it is not appropriate for the grievant to include any outside spokesperson, including legal representation, in this process. Should the grievant choose to take legal action, the internal grievance process will cease. Instead, emphasis is placed on a method of getting at the facts, assuring those facts are reported accurately to the proper authority, and providing a decision based on the facts which is fair to all concerned.

7.1.2

The provisions of this policy are not available to temporary staff or regular part-time staff employees. Stage IV of these grievance procedures is not available to regular staff employee who has not completed new employee orientation (see HRP&P 8.0), unless the employee alleges termination in violation of state or federal law. In accordance with HRP&P 1.1, this policy is not applicable to faculty.

The provisions of this policy are not available to temporary staff or regular part-time staff employees. Only regular staff employees with an FTE of 0.5 or greater who have successfully completed the new employee orientation period are eligible for the provisions of this policy (see HRP&P 8.0), unless the employee alleges termination in violation of state or federal law. In accordance with HRP&P 1.1, this policy is not applicable to faculty.

7.1.4

The grievant shall state the grievance within sixty (60) calendar days of the act(s) giving rise to the grievance.

The grievant shall state the grievance within thirty (30) calendar days of the act(s) giving rise to the grievance.

7.1.4.1

In the event the grievant states the grievance after the sixty (60) calendar day time limit has expired, the immediate supervisor, dean, director, or community college president shall notify the Director of Human Resources, or designee, who shall determine whether extenuating circumstances warrant receiving the grievance beyond the normal time limit. The Director of Human Resources, or designee, shall notify the Stage I and Stage II decision-makers and the grievant of the decision which shall be final.

In the event the grievant states the grievance after the thirty (30) calendar day time limit has expired, the dean or director shall notify the Human Resources Office of Employee Relations who shall determine whether extenuating circumstances warrant receiving the grievance beyond the normal time limit. The Human Resources Office of Employee Relations shall notify the Stage I decision-maker and the grievant of the decision, which shall be final.

7.1.5.1.2

To address work-related problems or issues, not included under 7.1.5.2.

To address appropriate work-related problems or issues.

7.2.1.1

The first part of the grievance process, Stage I, is recommended, but not mandatory. The grievant shall state the nature of the grievance to the immediate supervisor. In appropriate cases, the dean, director, or community college president may require the grievant to begin at Stage I.

The grievant shall state the nature of the Stage I grievance in writing to the appropriate department official (e.g. assistant dean, department chair, department director). The department official may request further clarification required to define the grievance. The grievant may be permitted up to three (3) working days (Saturdays, Sundays, and holidays excluded) to clarify the grievance.

7.2.1.1.1

A supervisor shall respond to the grievant within five (5) working days of receipt of a Stage I grievance (Saturdays, Sundays, and holidays excluded).

Moved to 7.2.1.2

Not in previous policy.

NOTE: For assistance in determining the appropriate department official, please contact the Human Resources Office of Employee Relations. A grievant who needs assistance in framing the grievance in writing may request assistance from the Office of Employee Relations or with other Human Resources officials. The grievant may also submit the grievance on the Grievance form found here.

7.2.1.2

At Stage I, the immediate supervisor may request that the grievance be stated in writing, and the grievant shall be obligated to comply with the request. If the supervisor asks the grievant to state the grievance in writing, the supervisor shall respond to the grievant in writing.

The decision of the department official shall be given, in writing, to the grievant within ten (10) working days (Saturdays, Sundays, and holidays excluded) after receipt of the appeal or receipt of the grievance.

7.2.1.3

The complaint and any resolution shall be reported by the immediate supervisor to the Employee Relations Office of Human Resource Services.

Copies of the appeal and decision shall be forwarded to the Human Resources Office of Employee Relations. If the grievance issue involves a charge of discrimination or equal opportunity matters, a copy shall be forwarded by the decision-maker to the Office of Equal Opportunity.

7.2.2.1

If the initial decision maker is also the appropriate Stage II decision maker or if the grievant is not satisfied with the response received at Stage I or if the response is not received within the time stated in Stage I, the grievant may proceed with Stage II. Stage II grievances are addressed to the appropriate dean, director, or community college president.

If the initial decision maker is also the appropriate Stage II decision maker or if the grievant is not satisfied with the decision at Stage I or if the decision is not received within the time allowance outlined in Stage I, the grievant may appeal in writing, to the Associate Vice President of Human Resources.

7.2.2.2

An appeal of a Stage I decision shall be made within five (5) working days (Saturdays, Sundays, and holidays excluded) after receiving the Stage I response. If a response from a Stage I decision-maker is not received within five (5) working days (Saturdays, Sundays, and holidays excluded), the appeal shall be made within five (5) working days (Saturdays, Sundays, and holidays excluded) after expiration of the Stage I decision-maker’s time allowance as stated in Stage I.

The appeal shall be made within ten (10) working days (Saturdays, Sundays, and holidays excluded) after receiving the decision or, if no decision is received, within ten (10) working days (Saturdays, Sundays, and holidays excluded) after expiration of the time allowance of the department official as stated in Stage I.

7.2.3.3

Stage III is generally limited to issues that have been identified at Stages I and II. If new issues are raised at Stage III, the Director of Human Resource Services, or designee, shall after consultation with the Stage I and II decision makers, determine whether the issues are, in fact, new and whether to permit these issues to be addressed.

7.2.2.3

Stage II is generally limited to issues that have been identified at Stage I. If new issues are raised at Stage II, the Human Resources Office of Employee Relations shall after consultation with the Stage I decision maker, determine whether the issues are, in fact, new and whether to permit these issues to be addressed.

7.2.3.4

The Director of Human Resource Services, or designee, shall investigate the appeal and shall forward a recommend for disposition to the Provost, appropriate vice president, or other administrative officer of operational jurisdiction within ten (10) working days (Saturdays, Sundays, and holidays excluded) after receipt of the appeal. The ten (10) day period may be extended for cause by the Director of Human Resource Services.

7.2.2.4

The Human Resources Office of Employee Relations shall investigate the appeal and shall forward a recommendation for disposition to the dean, appropriate vice president, or other administrative officer of operational jurisdiction within fifteen (15) working days (Saturdays, Sundays, and holidays excluded) after receipt of the appeal. The fifteen (15) day period may be extended for cause by the Human Resources Office of Employee Relations.

7.2.3.5

The Provost, appropriate vice president, or other administrative officer shall render a decision, in writing, to the grievant within five (5) working days (Saturdays, Sundays, and holidays excluded) after receipt of the recommendation of the Director of Human Resource Services.

7.2.2.5

The dean, appropriate vice president, or other administrative officer shall render a decision, in writing, to the grievant within five (5) working days (Saturdays, Sundays, and holidays excluded) after receipt of the recommendation of the Associate Vice President of Human Resources.

7.2.3.6

A copy of the decision of the Provost, appropriate vice president, or other administrative officer shall be forwarded to the Director of Human Resource Services, dean, director, or community college president. If the grievance involves a charge of discrimination, a copy shall also be forwarded by the decision-maker to the Office of Equal Opportunity.

7.2.2.6

A copy of the decision of the dean, appropriate vice president, or other administrative officer shall be forwarded to the Human Resources Office of Employee Relations and the department chair or director. If the grievance involves a charge of discrimination, a copy shall also be forwarded by the decision-maker to the Office of Equal Opportunity.

7.2.4.1

If the grievant is not satisfied with the Stage III decision, and IF THE GRIEVANCE IS ONE OF THE FOLLOWING, the grievant may, within five (5) working days (Saturdays, Sundays, and holidays excluded) of receipt of the Stage III decision, request a formal hearing before a Grievance Hearing Committee in accordance with the procedures outlined in this policy:

7.2.3.1

If the grievant is not satisfied with the Stage II decision, the grievant may, within five (5) working days (Saturdays, Sundays, and holidays excluded) of receipt of the Stage II decision, request a formal hearing before a Grievance Hearing Committee in accordance with the procedures outlined in this policy. In order to proceed to Stage III,the grievance must be one of the following:

7.2.4.1.1

7.2.3.1.1

7.2.4.1.2

7.2.3.1.2

7.2.4.1.3

7.2.3.1.3

7.2.4.2

Only regular full-time and half-time staff employees who have completed new employee orientation are eligible for the provisions of Stage IV of the policy.

Deleted

7.2.4.3

7.2.3.2

7.2.4.3.1

7.2.3.2.1

7.2.4.3.2

The Senior Vice President for Administration, the Chancellor and Senior Vice President for the Medical Center, or the Provost upon reviewing the Committee’s recommendation, as communicated by the Hearing Officer, shall render a final decision which shall be communicated, in writing, to the grievant, the immediate supervisor, the dean, director, or community college president, the Provost, the Director of Human Resource Services, and the appropriate vice president, or administrative officer of operational jurisdiction.

7.2.3.2.2

The appropriate Executive Vice President or the Provost upon reviewing the Committee’s recommendation, as communicated by the Hearing Officer, shall render a final decision which shall be communicated, in writing, to the grievant and all administrative parties previously involved in Stage I and II decisions.

7.2.4.3.3

The Senior Vice President for Administration, the Chancellor and Senior Vice President for the Medical Center, or the Provost shall forward a copy of the Committee’s report of findings and recommendations, together with a copy of the final decision, to the Director of Human Resource Services.

7.2.3.2.3

The appropriate Executive Vice President or the Provost shall forward a copy of the Committee’s report of findings and recommendations, together with a copy of the final decision, to the Associate Vice President of Human Resources.

7.3.1

The request for a hearing shall be in writing, stating specifically the nature of the grievance, (not merely a restatement of 7.2.4.1.1, 7.2.4.1.2, or 7.4.3.1.3) and shall be directed from the grievant to the Senior Vice President for Administration, the Chancellor, and the Senior Vice President for the Medical Center or the Provost.

The request for a hearing shall be in writing, stating specifically the nature of the grievance, (not merely a restatement of 7.2.3.1.1, 7.2.3.1.2, or 7.2.3.1.3) and shall be directed from the grievant to the appropriate Executive Vice President or the Provost.

7.3.2

The Senior Vice President for Administration, the Chancellor and the Senior Vice President for the Medical Center or the Provost shall forward the request for a hearing to the Hearing Officer who shall review the request to determine whether the grievance is of the type specified in 7.2.4.1.1, 7.2.4.1.2, or 7.2.4.1.3 and whether the request states specifically the nature of the grievance. If the request is not proper, the Hearing Officer shall return the request to the grievant who may, during the next three (3) working days (Saturdays, Sundays, and holidays excluded) submit an

amended request for a formal hearing. The amended request shall be reviewed in the same manner. Failure to amend a request shall terminate the grievance.

The appropriate Executive Vice President or the Provost shall forward the request for a hearing to the Associate Vice President of Human Resources.The Associate Vice President of Human Resources will forward the request to the appropriate Hearing Officer who shall review the request to determine whether the grievance is of the type specified in 7.2.3.1.1, 7.2.3.1.2, or 7.2.3.1.3 and whether the request states specifically the nature of the grievance. If the request is not proper, the Hearing Officer shall return the request to the grievant who may, during the next three (3) working days (Saturdays, Sundays, and holidays excluded) submit an amended request for a formal hearing. The amended request shall be reviewed in the same manner. Failure to amend a request shall terminate the grievance.

7.3.3

Following a determination by the Hearing Officer that the grievant has submitted a proper request for a formal hearing, the Senior Vice President for Administration, the Chancellor and the Senior Vice President for the Medical Center or the Provost shall appoint the Committee, and notify the Hearing Officer of the appointments.

Following a determination by the Hearing Officer that the grievant has submitted a proper request for a formal hearing, the appropriate Executive Vice President or the Provost shall appoint the Committee, and notify the Hearing Officer of the appointments.

7.3.4

The Committee shall fulfill its charge within a period of thirty (30) working days (Saturdays, Sundays, and holidays excluded) after notification of the Committee appointment, unless extended for cause by the Hearing Officer. The Hearing Officer shall serve as the Chair of the Committee, make rulings on questions of law or procedure, and be present at all meetings of the Committee. The Hearing Officer shall reduce to writing and forward the Committee's findings and recommendations for disposition to the Senior Vice President for Administration, the Chancellor and the Senior Vice President for the Medical Center or the Provost.

The Committee shall fulfill its charge within a period of sixty (60) working days (Saturdays, Sundays, and holidays excluded) after notification of the Committee

appointment, unless extended for cause by the Hearing Officer. The Hearing Officer shall serve as the Chair of the Committee, make rulings on questions of law or procedure, and be present at all meetings of the Committee. The Hearing Officer shall reduce to writing and forward the Committee's findings and recommendations for disposition to the appropriate Executive Vice President or the Provost.

7.3.5

At any scheduled hearing, the grievant may be represented by a spokesperson. In advance of the hearing, the grievant or spokesperson shall submit to the Hearing Officer the names of any individuals to be called on behalf of said grievant. The Hearing Officer, in advance of the hearing, shall furnish to the grievant or spokesperson the names of any individuals the Committee intends to call for testimony at the hearing.

In advance of the hearing, the grievant shall submit to the Hearing Officer the names of any individuals to be called on behalf of said grievant. The Hearing Officer, in advance of the hearing, shall furnish to the grievant the names of any individuals the Committee intends to call for testimony at the hearing. The grievant shall submit any question(s) s/he wants to address to the witnesses to the Hearing Officer. If the question(s) is relevant, the Hearing Officer will then ask the witness to address the question.

7.4.1

The Director of Human Resource Services, or designated representatives, shall be available to render such assistance as may be necessary or requested by all parties involved in the grievance process to aid in the prompt settlement of the grievance.

The Associate Vice President of Human Resources, or designated representatives, shall be available to render such assistance as may be necessary or requested by all parties involved in the grievance process to aid in the prompt settlement of the grievance. A representative from the Human Resources Office of Employee Relations, or designee, will be available for the Stage III grievance hearing as needed.

7.4.3

Any decision, which is not appealed by the grievant within the time allowance given at each stage of the procedure, shall terminate the grievance. In the interest of fairness, extenuating circumstances may permit a grievance to proceed, even if time limits are not met. At Stages I, II and III the Director of Human Resource Services shall decide whether such circumstances exist. At Stage IV, this decision shall rest with the Hearing Officer.

Any decision, which is not appealed by the grievant within the time allowance given at each stage of the procedure, shall terminate the grievance. In the interest of fairness, extenuating circumstances may permit a grievance to proceed, even if time limits are not met. At Stages I and IIthe Associate Vice President of Human Resources shall decide whether such circumstances exist. At Stage III, this decision shall rest with the Hearing Officer.

7.4.5

When a grievance is filed by an employee of the vice presidential areas, appropriate administrative officers shall be substituted at Stage I, II, and III. Requests for a Stage IV hearing by employees of the vice presidential areas shall be directed to the Vice President for Administration. The Vice President for Administration shall appoint a Hearing Committee, receive the report and recommendation from the Hearing Officer, and render a final decision.

In certain circumstances, the above referenced decision makers may not be appropriate. Please contact the Human Resources Office of Employee Relations for assistance.

7.4.7

If the alleged grievance was committed by the administrative officer who makes the decision at Stage I, Stage II, or Stage III, the stages below the decision-maker may be disregarded by either the grievant or the University official, as advised by the Director of Human Resource Services.

If the alleged grievance was committed by the administrative officer who makes the decision at Stage I or Stage II, the stages below the decision-maker may be disregarded by either the grievant or the University official, as advised by the Human Resources Office of Employee Relations.

7.4.8

The titles of the decision-maker such as dean, director, or community college president are examples of titles within the University. The decision-maker at Stage IV is always the Senior Vice President for Administration, the Chancellor and Senior Vice President for the Medical Center or the Provost. The decision-maker at Stage III is generally one who reports directly to the Senior Vice President for Administration, the Chancellor and Senior Vice President for the Medical Center or the Provost. The Director Human Resource Services, or designee, shall be available to assist in determining to whom a grievance should be addressed.

The titles of the decision-maker such as dean or director are examples of titles within the University. The decision-maker at Stage III is always an Executive Vice President or the Provost. The decision-maker at Stage II is generally one who reports directly to an Executive Vice President or the Provost.The Human Resources Office of Employee Relations shall be available to assist in determining to whom a grievance should be addressed.

Not in previous policy.

7.4.9

A Grievance Panel of employees available to serve on the grievance committees shall be appointed by the President, upon recommendation of an Executive Vice President, the Provost, and/or the Associate Vice President of Human Resources.

Not in previous policy.

7.4.9.1

New appointments or re-appointments to the Grievance panel shall be made by the President as needed or at least every three (3) years.

Not in previous policy.

7.4.9.2

Members of the Grievance Panel shall attend a training program that will enable them to serve as fair and appropriate representatives of the University.

Not in previous policy.

7.4.9.3

The appropriate Executive Vice President or the Provost shall appoint the Grievance Committee from the membership of the Grievance Panel.

Not in previous policy.

Forms: Grievance Form