PS-02.B.01 - Staff Grievance Policy

3.1.1. Any staff employee who has a disagreement with management on an adverse employment action: written reprimand, suspension without pay, demotion, or termination is provided a prompt, orderly, and fair response to his/her grievance under this policy.

3.1.2. Intimidation, harassment, coercion, retaliation or reprisal in any form against an employee for filing a good-faith grievance, for participating in good faith on a hearing panel, serving as a witness, assisting another employee in the filing of a grievance, or participating in any way in the grievance process is strictly prohibited.

3.1.3. Employees on probationary status are excluded from filing grievances under this policy. However, if a probationary employee believes that discrimination or harassment was a factor in a personnel action, they may proceed through SAM 01.D.07, Discrimination and Harassment Policy or SAM 01.D.08, Sexual Misconduct Policy.

3.2.1. The Staff Grievance Committee shall be selected from nominations provided by Staff Council.

3.2.2. Members of the Staff Grievance Committee serve three (3) year terms and are required to have a minimum of one year of full-time regular staff employment at UHD at the time of their nomination to the committee.

3.2.3. Members of the President's Executive Cabinet, President's Extended Cabinet and staff in the Office of Human Resources are ineligible for service on the Staff Grievance Committee.

3.3.1. The Employee Relations Officer (ERO) or their designee will identify three (3) members to serve on the Staff Grievance Committee as panelists to hear the grievance. An alternate member will be selected to replace a regular member of the hearing panel if a regular member is unable to serve or when a potential conflict of interest exists.

4.3.1. A grievant may initiate the grievance process by submitting a written request for mediation to Human Resources setting forth the issues the grievant believes need to be addressed, as well as the proposed resolution, no later than five (5) working days following the grievant's notification of the act, event, decision or condition which is the basis of the appeal. An exception to the five (5) working days may be granted through written request to the ERO. The ERO's decision on an exception is final and cannot be appealed.

4.3.2. Human Resources will schedule the mediation within ten (10) working days of the employee's request for mediation.

4.3.3. If the employee's grievance is not resolved in the mediation process, the employee may move forward with an administrative appeal.

4.4.1. The administrative appeal seeks administrative resolution of the grievance through the review of the respective vice president, division head, or designee (selected by the ERO in the event that a conflict of interest exists with the vice president and/or division head.

4.4.2. The grievant may file an administrative appeal by submitting a written administrative appeal to the respective vice president or division head, setting forth the issues the grievant believes need to be addressed, as well as the proposed resolution, by no later than five (5) working days after the conclusion on the mediation.

4.4.3. Absent extenuating circumstances, the vice president, division head, or designee overseeing the administrative appeal must communicate their decision on the appeal, in writing, to the grievant within five (5) working days from the date the administrative appeal was received, noting whether the grievance is substantiated or unsubstantiated. An extension may be granted by the ERO upon request.

4.4.4. The administrative appeal is the final step for employment actions that involve employment termination, unpaid suspension, or demotion actions. If the grievant's first or second-level manager is the department head or Vice President, actions that do not involve termination, unpaid suspension, or demotion actions are final.

4.5.1. If the grievant is not satisfied with the decision resulting from the administrative appeal process, or if the grievance is concerning a termination action, the grievant may seek resolution through the formal appeal process. This is the final step in the grievance process.

4.5.2. The grievant will complete the Staff Grievance Intake and Resolution Form stating the details of the grievance, the names of any witnesses with relevant information, and the relief sought. Only those issues raised in the administrative appeal are eligible to be heard in the formal appeal process.

4.5.3. The Staff Grievance Intake and Resolution Form must be submitted by the grievant to the ERO within five (5) working days of the grievant's receipt of the administrative appeal decision or termination action. Exceptions to the five (5) working days may be requested in writing to the ERO. The decision on whether to grant the exception by the ERO is considered final and not subject to appeal.

4.5.4. Failure to submit the Staff Grievance Intake and Resolution Form to the ERO within five (5) working days from receipt of the decision, or denial of an exception by the ERO will be deemed a waiver of the right to pursue a formal grievance.

4.5.5. Absent extenuating circumstances, a hearing to review the issues surrounding the grievant's complaint will be scheduled by the ERO no later than thirty (30) working days after the ERO's receipt of the Staff Grievance Intake and Resolution Form. The ERO or their designee will identify three (3) members of the Staff Grievance Committee to serve on the Staff Hearing Panel to hear the grievance. An alternate member will be selected to replace a regular member of the hearing panel if a regular member is unable to serve or when a potential conflict of interest exists. If the hearing is not able to be scheduled within thirty (30) working days, the grievant will be notified in writing by the ERO.

4.5.6. The purpose of the Staff Hearing Panel is to ensure that the action of the supervisor or other responsible person was not arbitrary, unfair or inconsistent with University policy and/or practice.

4.5.7. No later than fifteen (15) working days prior to the hearing, absent extenuating circumstances, the ERO or their designee will send a notice to the grievant and respondent stating the date, time, and location of the hearing.

4.5.8. If at any time during this process, the grievant becomes unresponsive or uncooperative, the ERO will terminate the grievance and notify all parties.

4.5.9. No later than five (5) working days prior to the hearing, the parties will submit to the ERO the following:

4.5.10. No later than three (3) working days prior to the hearing, the ERO or his/her designee will distribute copies of all documentation and witness lists to both parties.

4.5.11. No later than two (2) working days prior to the hearing, the ERO or his/her designee will convene the hearing panel to review copies of the submitted materials, assist the panel in electing a chair, and discuss the Staff Grievance Hearing Panel Rules and Guidelines.

4.5.12. The ERO or their designee will attend the hearing for purposes of providing guidance on hearing procedures, but will not take an advocacy position.

4.5.13. All grievance hearings are recorded. Upon request of either party in writing to the ERO, recordings of the proceedings will be made available to the requesting party.

4.5.14. When all the evidence is presented and the hearing panel members have no further questions of either party or any of the witnesses, the hearing panel chair will adjourn the hearing, ensuring that the tape recording has ceased. After meeting with the ERO or his/her designee who will address policy/procedural questions, the hearing panel members will proceed to closed session deliberations.

4.5.15. No later than three (3) working days following the conclusion of the hearing, the panel will make a recommendation to uphold or overturn the employment action. The panel may also make additional recommendations for resolution. The chair will communicate the panel's recommended findings on the Staff Grievance Intake and Resolution Form and forward it to the ERO for final review.

4.5.16. The ERO will submit the Staff Grievance Intake and Resolution Form to the Vice President for Human Resources (VPHR) for review and final determination. Should the grievance be filed by a member of the Office of Human Resources, the hearing panel's recommendations will be forwarded to the Provost and Senior Vice President for Academic Affairs as designee.

4.5.17. No later than five (5) working days after receipt of the hearing panel's recommended finding, the VPHR, or designee will take one of the following actions and communicate their decision in writing to the grievant respondent, and the ERO. The notification should indicate whether the VPHR:

4.5.18. The VPHR or designee's decision is final and not subject to further appeal.

4.6.1. The Staff Grievance Committee shall be comprised of fifteen (15) full-time benefits-eligible staff members. Staff Council will submit nominations to the Office of Human Resources each July, as follows: