SUBJECT: COMPLAINT AND GRIEVANCE

APPLICABILITY: ALL STAFF AND TEACHING FELLOWS AND TEACHING ASSISTANTS

1. Purpose:

To provide standard procedures whereby a staff member who has a complaint or grievance may seek relief and satisfaction.

2. Policy:

It is the policy of the University of North Texas to afford staff members the opportunity for fair and prompt consideration of complaints and/or grievances, including allegations of discrimination and harassment.

2.1 Complaints and/or grievances as defined in section 4 below other than allegations of discrimination and sexual harassment will be processed as described in section 7 and 8 of this policy.

2.2 Allegations of discrimination and sexual harassment are to be forwarded directly to the Office of Equal Opportunity (OEO) for investigation and appropriate action. In such cases, the OEO will follow the procedures outlined in policy number 1.3.24, Information and Procedures for Pursuing and Resolving a Complaint of Discrimination and/or Sexual Harassment. (Reference also the University’s Nondiscrimination/Equal Employment Opportunity and Affirmative Action Policy No. 1.3.7; and, Sexual Harassment Policy 1.3.19.) In cases of discrimination, the complaint or grievance procedures set out in section 7 or 8 of this policy will be suspended until an investigation and finding is made by the Office of Equal Opportunity in accordance with Policy No. 1.3.24.

3. Applicability:

Regular staff members are eligible to use either the complaint procedure or the grievance procedure (if the subject matter is a valid grievable item), as defined herein. Probationary and temporary staff members, teaching fellows and teaching assistants, student research assistants, hourly paid student assistants and other hourly paid employees, are eligible to use the complaint procedure, but are not eligible to use the grievance procedure.

Note: An alternative dispute resolution program is also available to all staff for the purpose of increasing the means by which University related problems may be resolved. See Item Number 12.

4. Definitions:

4.1 Complaint: A complaint is an employee's formal expression of disagreement or dissatisfaction with aspects of employment such as working conditions, hours of work, environment, relationships with supervisor and other employees, or policies or decisions of the department considered by the employee to be inappropriate, harmful, or unfair.

4.2 Grievance: A grievance is an employee's formal expression of disagreement or dissatisfaction with an adverse personnel action involving a decrease in salary, demotion, suspension without pay and/or discharge.

5. Staff Member's Rights:

No staff member shall be disciplined, penalized, restrained, coerced or otherwise prejudiced in his or her employment, in any manner whatsoever, for exercising the rights or remedies provided in this Complaint and Grievance Policy. However, employees may not use this policy and procedure for the purpose of disrupting the operations of the work unit or the University. In such cases, the employee may receive disciplinary action.

Employees who follow the complaint or grievance procedures shall be allowed time off from regular duties, with pay, to attend scheduled meetings and hearings.

The employee may present his or her complaint or grievance individually or through a representative who does not claim the right to strike.1 If an employee is to be represented by someone else, the management official may also be represented by another person.

6. Management Rights:

It is not the intent of the Complaint and Grievance Policy and Procedure hereby established to prohibit, or in any way obstruct, a manager or supervisor from prudently exercising his or her management rights. "Management rights" is defined as, but not necessarily limited to, the right of a manager or supervisor to:

· hire employees within established University policies and procedures;
· develop in-house policies which adhere to current University policies;
· set work schedules, lunch hours and breaks;
· transfer, promote or demote an employee to achieve optimum use of the employee's skills and talents;
· discipline or discharge an employee for cause; (with proper review by HR);
· redesign jobs to insure operational efficiency;
· terminate an employee (with proper review by HR) because of lack of work or funds or because of changes in the organizational structure or to comply with University policies (i.e., retirement, nepotism, etc.), or because an employee's performance is insufficient for the standards of his or her job; etc.

7. Complaint Procedure:

Employees are expected to first discuss and resolve their problems at the first-line supervisory level.

· A complaint as defined in section 4.1 above should be presented to the first-line supervisor for discussion and consideration within ten (10) work days of the date of the action or condition giving rise to the complaint.
· If a complaint is not satisfactorily resolved by the first-line supervisor, the complainant may present his or her complaint in writing to the subsequent level of management until resolved or until it is presented to the appropriate division vice president for final consideration and action. All written complaints should be copied to the Associate Director of Human Resources for Employee Relations/Training.
· A complaint is subject to the same employee and management time limits and constraints as outlined in the Grievance Procedure in item 8 below, except that the complaint stops at Step 4 and is not processed through a Grievance Review Board.

8. Grievance Procedure:

Regular staff members who desire to pursue resolution of a grievable action, as defined in section 4.2. above, through the grievance procedure should contact the Human Resources Department within ten (10) work days from the date of the action or condition giving rise to the grievance. A grievance follows the procedural steps and time limits (see section 9 for time limit exceptions) outlined below.

* See section 9 for time limit exceptions.

8.1 If the grievant reports directly to a Department Chairperson, Dean or Director, or a Vice President or the President, the grievance will begin at the appropriate step of the procedure, i.e., Step 2, Step 3, or Step 4, respectively. Although the grievance must be put in writing at Step 3 and 4, this does not preclude the individual from first verbally discussing the grievance with their immediate supervisor. Grievances filed in writing should be copied to the Associate Director of Human Resources for Employee Relations/Training. Each manager in the appeal process may do their own investigation of the circumstances surrounding the complaint/grievance.

8.2 Extension of time limits in any of the steps may be authorized, due to extenuating circumstances, upon written request to the Assistant Vice President for Human Resources or his/her designated representative.

8.3 Failure of an employee to process a grievance/complaint to the next step within the prescribed time limit shall constitute abandonment of the grievance/complaint.

8.4 Failure of management to give an answer within the prescribed time limits authorizes the employee to process the grievance to the next step.

8.5 Time limits include Monday - Friday only and shall not include Saturday, Sunday, or holidays.

8.6 The Grievance Review Board will provide a written report and recommendation to the President within ten (10) work days from the date the hearing is adjourned. The President will provide the employee with a final decision within ten (10) days following receipt of the Grievance Board recommendation.

9. Alternative Dispute Resolution Program:

An Alternative Dispute Resolution program (Policy No. 1.7.5) is available to all University faculty, staff, and students to provide additional options by which disputes may be resolved. On the day that a joint request for mediation is filed by participants in a dispute, the time requirements of any applicable formal appeals policy (including the policy procedures described herein) will be suspended for a period normally not to exceed 60 continuous calendar days to allow for mediation.

Users of voluntary alternative dispute resolution processes do not forfeit their rights of access to existing grievance processes (including the policy and procedure described herein) and vice versa.

10. Grievance Review Board:

The Grievance Review Board (“Board”) will consist of three (3) members selected from a panel of not less than fifteen (15) employees maintained by the Human Resources Department and previously approved by the President. One member of the Board will be selected by the grievant and one by the appropriate management official. The two selected members will select a third member from the panel. The Board will name its own chairperson.

10.1 The Assistant Vice President for Human Resources, or his/her designated representative:

a. with the approval of the President, may disqualify a selected member to serve on the Board due to possible conflict of interest. No member selected for the Board may have a previous knowledge of the specific circumstances of the grievance nor any personal interest in or involvement with the situation grieved or the principals involved.

b. will serve as an advisor to the Board and may appoint other advisory (non-voting) members to the Board at his/her discretion.

c. is responsible for establishing operational guidelines for the Board and will also conduct an orientation session for the three-member board.

10.2 The Vice Chancellor and General Counsel (or designated representative) may be present at meetings to advise the Board.

10.3 The Board hearings will be closed to the public.

11. University Human Resources Department:

The Assistant Vice President for Human Resources or Associate Director of Human Resources for Employee Relations/Training, acting as a neutral party, may render advisory assistance regarding procedural matters and interpretation of applicable laws, rules and policies, to either the employee or management. The employee may obtain assistance with the writing of the grievance. Management may also request assistance with the writing of the response to the grievance.

12. Non-disciplinary Personnel Actions:

It is not the intent of this policy hereby established to prohibit, or in any way restrict, the University and its administrative officials from the right to take personnel actions with any employee for any non-disciplinary reason if it is in the best interest of the University to do so. In such cases, an employee so terminated shall not have recourse through the grievance policy, however, an employee may utilize the complaint policy. Examples of personnel actions for non-disciplinary reasons include, but are not necessarily limited to probationary terminations, terminations due to lack of work or funds, terminations or demotions due to redesigning jobs and changes in the organizational structure, terminations due to compliance with University policies and rules (i.e., retirement, nepotism, etc.), and the termination of coaches as a result of their coaching ability, ineffective public relations or performance record.

All suspensions, demotions or terminations of regular staff require prior review by the Assistant Vice President for Human Resources or the Associate Director of Human Resources for Employee Relations/Training.

REFERENCE:

1 Texas Government Code, Section 617.005