R831-1. Purpose
2.2. Policy and Procedure R841, Minimum Requirements for Disciplinary Sanctions of Staff Personnel Policy.
2.3. Policy and Procedure R843, Guidelines for Reduction in Force Policy.
2.4. Policy and Procedure R845, Guidelines for Payment in Lieu of Notice Policy.
3.2. Final and Binding Decision - a final administrative decision. The complainant cannot take the matter any further administratively.
3.3. Final and Binding Decision-Maker - the president, the cognizant vice president, or other institutional administrator, as determined by institutional policy, empowered to render the final decision of the institution.
3.4 Immediate or First-Level Supervisor or Supervision - the lowest level of salaried supervision of the employee as defined in the Fair Labor Standards Act and Department of Labor regulations.
3.5. Grievance Hearing - in grievances of dismissal from employment, a hearing before a panel of the Personnel Relations Committee; in grivances of lesser disciplinary sanctions and other matters, a hearing before either a panel of the Personnel Relations Committee or a designated administrator or officer, as provided by institutional policy.
3.6. Human Resource Office - that office or individual in the institution charged with the administration and record maintenance of personnel matters, or such other person as may be specially designated by the institution president to act as a neutral party to assist with the resolution of grievances at the institution. The human resource office should not be represented by membership on the Personnel Relations Committee.
3.7. Personnel Relations Committee - a committee established by institutional policy with membership from a cross section of the college or university community. Such members are to be selected for their objectivity and fairness in personnel matters. The committee should be selected in such a way as to encourage a diverse membership. Grievances brought by employees of healthcare provider units operated by an institution may be assigned to hearing panels consisting exclusively of committee members drawn from the institution's health care provider units. Similarly, grievances brought by main campus employees of an institution may be assigned to hearing panels consisting exclusively of committee members drawn from the institution's main campus units.
3.8. Staff Member - an exempt or non-exempt employee not covered by a similar faculty procedure who receives compensation for work or services from funds controlled by the institution, regardless of the source of the funds, the duties of the position, the amount of compensation paid, or the percent of time worked. There are two categories of Staff Member subject to this policy:
3.8.1. Regular Staff Member - a staff member whose employment is defined by the institution as being of a continuous nature, initially funded for a non-temporary period, who has successfully completed the probationary period. This includes exempt and non-exempt employees not covered by similar faculty procedures, but may exclude certain executive and at will personnel as defined by the institution. Normally, a regular staff member is one assigned to work 75% or more (or such other percent as set by institutional policy) in a position expected to last more than 6 months (or such other period as set by institutional policy.)
3.8.2. Part-Time, Temporary, or Probationary Staff Member - a staff member assigned to work less than full-time, or in a position considered temporary or expected to be of short duration, as defined by the institution; or a newly hired employee in a regular position but still in the probationary status. Normally, a part-time staff member is one assigned to work less than 75% (or such other percent as set by institutional policy;) a temporary position is one not expected to be available after 6 months (or such other period as set by institutional policy.)
4.2. Part-Time, At Will, Temporary or Probationary Staff Members - Institutional policy shall determine whether or not to extend any grievance procedures to part-time, at will, temporary or probationary staff members. If so extended, such procedures may be limited to informal processes as determined by the institution and need not involve a hearing before the personnel relations committee. Regular staff members shall be provided grievance procedures in conformance with these minimum requirements.
4.3. Informal Discussions with Supervisor - Regular staff members and those part-time, temporary or probationary staff members who have access to grievance procedures under institutional policy shall first attempt to resolve employment grievances through informal discussions with their immediate supervisors. The human resource office shall be available to assist both parties in the informal resolution of grievances. A staff member may not be subjected to intimidation or reprisal for assertion of an employment grievance.
4.4. Grievance Review Process - An employment grievance review process, including appropriate time lines, shall be available to all regular staff members who are not satisfied with the results of informal discussions. A staff member has the right to be accompanied by a person of his or her choice during a formal grievance proceeding.
4.5. Alternative Process Adjustments - If any steps provided for in an institution's policy are impractical for any reason, institutional policy may empower the human resource office, normally after consultation with the staff member, to prescribe an alternative process which, to the maximum practicable degree, assures to the aggrieved staff member the fair and adequate consideration of the problem or complaint; provided, however, that a regular staff member's right to a hearing can not be denied nor abridged.
4.6. Time Off With Pay - Reasonable time off with pay during scheduled working hours shall be provided to the staff member, the staff member's representative, or any witnesses called to testify, for time spent participating in proceedings leading to resolution of the complaint. Time spent by the employee or representative in such activities outside scheduled working hours is noncompensable. Neither time-off with pay nor compensation is provided for time or money spent in preparation for such proceedings. The personnel relations committee may use resources available to it to obtain the appearance of necessary witnesses.
4.7. Extensions - Reasonable time limits may be established by institutional policy for the conduct of the grievance procedure. Such limits may be extended by the human resource office or by another institutional office as provided by institutional policy.
4.8. Personnel Relations Committee Hearing - A regular staff member not satisfied with solutions proposed, as a result of attempted informal resolution or any pre-hearing procedures established by institutional policy, shall be entitled to a hearing. Each party to the complaint shall be notified, has the right to be accompanied at the hearings by a person of his or her choice, has the right to hear the presentations of the other parties, and has the right to be heard.
4.9. Committee Member Recused - A personnel relations committee member shall be excused from participation in any grievance deliberation where he or she may be influenced by personal relationships with the parties, by bias concerning the circumstances giving rise to the complaint, or by any other material influence which would appear to inhibit the member's ability to render an unbiased judgment.
4.10. Final and Binding Decision - When a hearing is held, the final and binding decision-maker shall review the written report, findings and recommendations of the hearing panel or officer. Based upon such review and without conducting further hearings, he or she, shall take one of the following actions:
4.10.l. Ratify the findings and adopt the recommendations.
4.10.2. Return the report to the hearing panel or officer for reconsideration or clarification.
4.10.3. Reject all or parts of the findings and recommendations on one of the following grounds, among other possible reasons:
4.10.3.1. The recommendations are not supported by the record, or,
4.10.3.2. The recommendations are based on a misinterpretation of applicable law or policy.
4.11. Notification of Final Decision - Written notification of the final and binding decision shall be communicated by the final and binding decision-maker to all parties concerned.
4.12. Grievance Limitations - An employee may not institute more than one grievance procedure based on the same facts, circumstances, or events.
(Adopted January 9, 1987; amended January 24, 1997 and September 16, 2005.)