3.218 Human Resources
GRIEVANCE PROCEDURES FOR NON-TEACHING EMPLOYEES
Date Adopted/Most Recent Revision: 08/04/2006
- The establishment of a grievance and appeals procedure is based upon:
- The maintenance of good employee-management relations;
- Expeditious handling of grievances at the supervisory level closest to the problem; and
- Establishing a problem-solving work environment which assures that all employees can participate in the resolution of those matters which affect them personally.
- An employee may, without prejudice or fear of retaliation, express his/her grievance through the channels outlined herein with the assurance of timely and thorough consideration. The employee is assured freedom from interference, coercion, discrimination, and reprisal in filing grievances.
- Grievances shall consist of matters of disagreement arising out of the employer/employee relationship wherein the employee believes that there has been an unfair infraction, breach, or misinterpretation of applicable federal or state laws, or the rules, regulations, or policies of Midwestern State University. Among other things, this definition includes disciplinary action, health or safety hazards, or alleged discrimination. For disability discrimination grievance procedures, refer to Policy 4.189.
- Grievance Policies and Procedures
- All meetings and investigations related to grievance reviews shall be conducted during the classified employee's regular working hours insofar as possible.
- The regularly established administrative channels shall be the route of all matters of grievance.
- The employee shall at first present either verbally or in writing any matter of grievance to his/her immediate supervisor. This should be done within thirty (30) calendar days of the alleged violation.
- Only one subject matter shall be covered in any one grievance. If a written grievance is submitted, it shall contain a clear and concise statement of the grievance, indicating reference to the applicable policy or law that is alleged to have been violated, the date the incident took place, the issue involved, and the relief sought.
- The first level of review shall be the employee's immediate supervisor and the final level for administrative decision shall be the president of the university. If for some reason the employee prefers not to discuss a problem or grievance directly with his/her supervisor, the problem or grievance may be presented in writing to the next higher level of supervision.
- Once a grievance and the requested remedy have been submitted in writing, they may not be changed or amended in any way. Changes by the employee shall constitute a dropping of the grievance. Initiation of a new amended action must be submitted within the original time period.
- Upon receipt of the grievance as submitted by the employee, the supervisor shall consider all of the facts of the case and report his/her decision in the matter in writing to the employee within fifteen (15) working days after receipt of the grievance.
- If the matter is not satisfactorily resolved at this level in the eyes of the grievant, the grievant may submit the grievance to the next higher supervisory person in the regular administrative channel. This should be done within three (3) working days from the delivery of the grievance decision of the first supervisor. The supervisor at the next higher level shall review all of the facts of the case and the decision rendered by the lower supervisor, and render his/her decision to the grievant in writing within five (5) working days after receipt of the grievance.
- If a grievance has not been presented by the employee to the next supervisory level within three (3) working days following receipt of the decision of the immediate supervisor, the grievance will be considered withdrawn.
- If the employee is not satisfied, he/she may request that the president appoint a grievance committee to hear the employee's complaint. This request must be made in writing within five (5) working days following receipt of the decision of the second level supervisor.
- The committee appointed by the president shall consist of five (5) persons employed by the university, two (2) of whom will represent the same employee classification as the grievant. The grievant shall have one (1) preemptive challenge. The president shall appoint the chairperson of the committee.
- Each principal may have an advisor, who is an employee or student at the university, appear with them for consultation during the hearing.
- The grievance committee will hold the necessary hearing or hearings within fifteen (15) working days from the date of notification of the appointment by the president's office. The aggrieved and all affected parties shall receive a written notice of the date, time, and place of the hearing.
- The grievance committee shall review applicable laws and the policies of the university pertaining to the complaint, hear the complaint, and render a decision. The chair of the committee shall, within five (5) working days of the conclusion of the hearing, submit a written report of the committee's decision to the grievant, the EEO coordinator, and the president of the university. The proceedings of the committee shall be conducted, at all times, as a hearing and not a trial. The grievance committee shall make its findings and determinations in executive session (only members of the committee present).
- The hearing will ordinarily be closed to the public if the subject matter of the hearing is a matter which is allowed to be heard in closed session except as otherwise required by law.
- The president of the university will receive the committee's report and may review the matter on the record only. Unless the president acts within ten (10) working days following receipt of the committee's written report, the grievance committee's decision is upheld. The decision of the president is final.
- All matters pertaining to a grievance shall be treated as confidential material and will be filed separately from the official personnel file of the grievant.