Appendix 12 Grievance Procedure
  1. PURPOSE

    The University recognizes that in any dynamic working community, valid difference of opinions, interests, and perspectives will arise which result in work-related conflict. Normally the best interests of both the employee and the University are served if problems are resolved as soon as possible at the lowest possible administrative level. This process of appeal and review, without prejudice, to higher levels of authority has been established so that employees may be assured of fundamental fairness in the resolution of problems.

    The purpose of this procedure is to promote orderly resolution of work related conflicts, emphasizing early identification and resolution with fair consideration of all sides of a conflict. Conflict resolution through this process is a partnership designed to minimize adversarial positions and offer opportunities for amicable resolution. All employees and supervisors are responsible to strive for effective and open communication, responsible decision making, and the resolution of disputes with reason, conscience, and compassion.

  2. APPLICATION

    Regular employees have access to this procedure. This procedure should be used when an employee believes a University policy or practice has been violated or improperly interpreted or applied. This includes but is not limited to University rules and regulations, working conditions, personnel practices or the application of personnel policies, disagreements with supervisors over work job duties, performance standards, or corrective action. Matters concerning civil rights discrimination or harassment are covered by grievance procedures specifically designed for those issues: Sexual Harassment Complaint Procedures, Appendix 22, and Employee Grievance Procedures for Complaints of Discrimination, Appendix 9.

    Human Resources clarifies questions about University personnel policies and procedures and explains the conflict resolution procedure.

    A written record of all proceedings will be maintained in a confidential file in Human Resources, not an employee's personnel file, for at least two years following resolution. Information concerning the grievance, the person filing the grievance, or any person named in the allegation(s) is confidential and will be communicated on a need-to-know basis only.

    Normally, no more than ten working days will lapse between the completion of one step and the initiation of the next step.

  3. PROCESS

    1. Step One: The employee should first attempt to resolve the difficulty informally by discussing it with his/her immediate supervisor. It is anticipated that satisfactory resolution can usually be achieved at this informal level.

    2. Step Two: If the matter is not resolved to the employee's satisfaction informally, the employee (complainant) should submit a written description of the problem to the individual whom the employee believes has violated or improperly applied or interpreted University policies or practices (the respondent).

      The written grievance should include an explanation of the problem, all related facts, a summary of the employee's actions or attempted resolution, and a description of the desired remedy. Copies should also be submitted to the employee's immediate supervisor (if the supervisor is not the respondent) and the Assistant Vice President for Human Resources. The grievance will be submitted within thirty calendar days from the date the problem occurred.

      The respondent will meet with the complainant within five working days of receiving the written complaint unless the complainant requests that no meeting occur. The respondent will then reply in writing to the complainant within five working days of the meeting, or within five working days of receiving the complaint if no meeting occurs at the complainant's request.

    3. Step Three: If the grievance is not resolved in Step Two, the employee will notify the Assistant Vice President for Human Resources to proceed to Step Three.

      The Assistant Vice President for Human Resources will send a copy of the complainant's written grievance to the respondent's immediate supervisor and will schedule a meeting with the employee, the respondent, and the respondent's immediate supervisor within ten working days of the employee's request to proceed to Step Three.

      The Assistant Vice President for Human Resources will insure an orderly presentation of facts related to all points of view and will prepare a written summary of the meeting and send it to the respondent's supervisor within five working days after the meeting.

      The respondent's supervisor will prepare a written finding and decision and send it the Assistant Vice President for Human Resources within five working days of receiving the written summary of the meeting. The supervisor should consult with the area vice president before issuing a finding and decision so that the vice president is involved in the outcome at this step.

      The Assistant Vice President for Human Resources will send a copy of the written summary of the meeting and the written finding of the respondent's supervisor to the employee and the respondent within two working days of receiving the written finding.

    4. Appeal: If the employee's grievance is not resolved in Step Three, the employee will request in writing to the Assistant Vice President for Human Resources an appeal of the grievance.

      The appeal will be heard by the Vice President for Administration & Planning, serving as the Appeal Officer. If there is a conflict of interest, including but not limited to previous involvement in decisions or familiarity with involved parties, the Assistant Vice President for Human Resources will request another area vice president to conduct the final review.

      The Assistant Vice President for Human Resources will provide the Vice President for Administration & Planning with all previous documentation in the grievance procedure within two working days of the appeal request.

      The Assistant Vice President for Human Resources will schedule a meeting of the employee, the respondent, the respondent's supervisor, and the Vice President for Administration & Planning or other Review Officer within ten working days of the appeal request. The Review Officer may meet with the parties individually at his/her discretion before conducting the meeting with all parties.

      The Vice President for Administration & Planning will conduct the meeting, and the Assistant Vice President for Human Resources will prepare a written summary of the meeting and send it to the Vice President for Administration & Planning within five working days of the meeting.

      The Vice President for Administration & Planning will prepare and send to the Assistant Vice President for Human Resources a written finding within five working days after receiving the meeting summary. The Assistant Vice President for Human Resources will distribute a copy of the Review Officer's written decision and the meeting summary to the complainant, respondent, and the respondent's supervisor within two working days of receiving the written finding.

      The appeal is the final grievance step within the University.

  4. TIME FRAMES

    All time frames are guidelines which will be monitored by the Assistant Vice President for Human Resources. If circumstances dictate an extension of these time guidelines, the Assistant Vice President for Human Resources will notify the appropriate parties of adjusted times.

    Note: This procedure is optional for Executives, particularly when dismissal is involved, because of the sensitive nature of these positions and their impact on University operations. This procedure may not be used by an Executive without the President's approval.