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OPERATING
PROCEDURES
I.
PURPOSE
The purpose of the
University's Grievance policy is to provide a process for staff to
resolve differences that may arise. These operating procedures outline
the process by which such differences may be addressed.
This grievance process is intended to address only staff
grievances on matters pertaining to the specific application of
University policies and operating procedures. These procedures are not
applicable to faculty-related issues, which fall under the purview of
the Faculty Handbook Grievance procedure, nor do they apply to issues
which arise out of the application of a policy or procedure for which
other review and/or investigation processes exist, such as sexual
harassment, job evaluation reconsiderations, performance appraisals,
etc.
II.
INFORMAL DISPUTE RESOLUTION PROCESS
The employee should discuss
concerns about matters pertaining to the application of University
policies or operating procedures affecting his/her employment with the
immediate supervisor for the purpose of attempting to develop a
satisfactory resolution. The
employee should (1) state the problem(s) and the policies and procedures
in question, (2) identify how he/she believes the problem(s) should be
resolved, and (3) specifically advise the immediate supervisor that the
employee is initiating the informal dispute resolution level of the
grievance process. The
informal dispute resolution process should be initiated within ten (10)
calendar days of the challenged event or action, or within ten (10)
calendar days of when the employee has knowledge of or reasonably should
have had such knowledge of the event or action.
If no satisfactory resolution is effected through this informal
process the employee’s immediate supervisor should so indicate in
writing and the employee may elect to file a formal written grievance by
following the process outlined below:
III.
LEVEL 1 – FORMAL DISPUTE RESOLUTION PROCESS –
SUPERVISOR/DEPARTMENT HEAD
A.
If efforts to resolve the grievance through the Informal Dispute
Resolution Process do not produce an acceptable resolution, an employee
may pursue his/her grievance by submitting the grievance in
writing to the next level Supervisor or the Department Head, at the
employee’s election within ten (10) calendar after completion of
efforts to resolve the matter informally with the employee’s immediate
supervisor. This written grievance must identify the problem or
problems, specify the pertinent University procedures or policies
implicate by the challenged action (s), and specify the desired
resolution. Once the grievance is reduced to writing, it may not
be expanded later to include issues not stated in the original filing.
Copies of the written grievance shall be submitted to the immediate
supervisor, Department Head, the appropriate Vice President, the Vice
President of Business and Finance, and any intermediate level of
supervision between the immediate supervisor and Department Head.
If the employee is the
Provost, a Vice President or reports to the President, Provost or a Vice
President he/she may initiate the
formal procedures at Level 2.
Failure to meet the
submission deadline ends the grievants' ability to pursue the matter
further.
B.
Upon receipt of the written grievance, the next level supervisor
or Department Head who is considering the grievance will meet with the
employee and initiate an appropriate investigation/review of the matter.
The next level Supervisor or Department Head will provide a
written response to the employee with copies to the immediate
supervisor, other intermediate levels of supervisors, the Department
Head, the appropriate Vice President, and the Vice President of Business
and Finance within ten (10) calendar days of receipt of the grievance.
The Level 1 response will be deemed to be acceptable to the grievant
unless the grievant initiates a Level 2 grievance.
If the Supervisor or Department Head fails to act within the
specified timeframe without obtaining an extension as set forth below,
the Vice President of Business and Finance will respond to the
grievance, in writing, within fifteen (15) calendar days.
IV. LEVEL 2 - FORMAL DISPUTE RESOLUTION PROCESS – VICE
PRESIDENTS/PRESIDENT
If the employee is not
satisfied with the Level 1 response to the grievance he/she may appeal
the decision by submitting a written appeal to the appropriate Vice
President (or the President for anyone working within three (3) levels
removed from the President) within
ten (10) calendar days of receiving the Level 1 response. This appeal
must include copies of the original formal grievance, the
Supervisor’s, Department Head’s or Vice President of Business and
Finance’s response at Level 1, a statement by the employee
specifying why the Level 1 decision is incorrect or unacceptable,
and a proposed resolution. The
appropriate Vice President/President will meet with the employee and
conduct an appropriate investigation/review of the grievance appeal.
Within fifteen (15) calendar days of receipt of the appeal, the
appropriate Vice President/President will provide a written response to
the employee. The decision
of the Vice President/President is the final step of the grievance
appeal process.
V.
GENERAL PROVISIONS
A.
Time Extensions: The time lines at each level may be extended by
written mutual agreement of the parties involved. In the event of
holidays, energy conservation days, vacations, sick leaves, worker's
compensation leaves, funeral leaves, off-campus business absences, or
other absences from campus by the grievant, the responding entity, or
witnesses, the timelines of the grievance resolution process at each
step automatically will be extended by the number of days of the
absences. Except for holidays and energy conservation days,
written notice of such automatic extension shall be provided to the
non-absent party by the party who has the absence.
At any level, however, if
the official or Supervisor responding for the University deems that the
complexity of the grievance is such that the response deadline is
unrealistic, an additional fifteen calendar days may be added to the
response deadline without mutual agreement.
If such calendar days are added, the responding official or supervisor
shall provide written notice of the extension to the grievant within the
originally designated timeframe.
B.
No person responding for the University at any level of the
grievance process, formal or informal, may resolve a grievance in any
manner is inconsistent with other University policies, procedures, or
practices.
C.
Failure by any official or supervisor responding on behalf of the
University to do so within the time frame specified at any level of the
grievance procedure shall not constitute a de facto acceptance by the
University of the resolution proposed by the grievant. In Level 1
and Level 2 cases, the Vice President of Business and Finance shall be
responsible for ensuring that the grievant receives a response to their
grievance.
D.
Failure by the grievant to appeal a grievance from one step to
the next shall result in the grievance being deemed resolved on the
basis of the University’s last answer.
E. Any
resolution of a grievance agreed upon by the University and the grievant
at any stage of the grievance procedure will conclusively dispose of the
grievance and shall be binding upon the University and the grievant.
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