Utah Valley University
Policies and Procedures

Title Grievances Number 156
Section Governance, Organization, and General Information Approval Date Jun 18,1992
Subsection Individual Rights Effective Date Jun 18,1992
I. Policy
POLICY
The president or his designee will provide for expeditious and reasonable resolution of employee grievances, including those related to equal opportunity, civil rights, or other constitutional or statutory rights.
At times employees and students may perceive that their individual rights have been violated with respect to policies or that they have been treated unfairly or in a prejudicial manner. It is the intent of the college to provide such persons with the opportunity to resolve their concerns both quickly and fairly and with a minimum of disruption to the operation of the institution. Wherever possible, it is the intent of the institution that such concerns be resolved on an informal basis and solely between the parties directly concerned. Where such resolution is not possible, the institution makes available the following procedure.
  1. General Rule:College employees and students should resolve their grievances (including those related to equal opportunity, civil rights, or other constitutional or statutory rights) on a reasonable, informal basis, solely between the parties directly concerned.
  2. Exception:Where resolution under the general rule is not possible the parties are authorized to pursue their grievance according to the following procedure.
    II. Procedures
    PROCEDURE
    1. STEP 1:
      Within twenty (20) working days of an alleged incident or action, the aggrieved person will either;
      1. inform the appropriate supervisor verbally or in writing of his/her complaint, or
      2. inform the Equity Officer of the incident and request assistance in resolving the complaint.
      THE EMPLOYEE IS ENCOURAGED BUT NOT REQUIRED TO FILE THE COMPLAINT WITH HIS/HER SUPERVISOR BUT MAY ELECT TO FILE WITH THE EQUITY OFFICER.
    2. STEP 2:
      1. The supervisor has ten (10) working days to evaluate the complaint and provide redress or reject the complaint either verbally or in writing, using the same manner as when the complaint was issued in STEP 1, part 1, above. If the supervisor fails to respond to the complaint within the time limit, or if the response is in the negative, the grievant may apply to the next step (STEP 3) in the process.
      2. The Equity Officer has ten (10) working days to investigate, discuss, negotiate, counsel or recommend, using any avenues open to resolve the grievance. The Equity Officer will maintain a posture of neutrality throughout the entire procedure.
    3. STEP 3:
      1. Within ten (10) working days of receiving a rejection of his/her complaint or a non-reply from the supervisor, the grievant may make a formal complaint in writing to the administrator of the responsible supervisor. Such a complaint must detail the incident(s) or action(s) at issue, the steps taken to date by the grievant to bring the matter to a satisfactory resolution, and the redress now sought.
      2. After the initial (STEP 2, Part 2) investigation, the Equity Officer has two options:
        1. Resolve the grievance informally, or
        2. Advise the grievant to begin the process again, formally, by notifying his/her supervisor in writing (STEP 1, Part 1).
    4. STEP 4:
      Upon receipt of the formal complaint, the administrator has ten (10) working days to respond in writing to the grievant, either providing the satisfaction sought or rejecting the complaint. If the administrator fails to respond to the complaint within the time limit, the failure to respond will be taken as a rejection, thereby allowing the grievant to advance to the next step.
    5. STEP 5:
      In the event the complaint is rejected by the administrator, the grievant may file the written grievance with the appropriate administrator of the department involved (president or appropriate vice president) within ten (10) working days of receipt of the rejection. Upon receipt of the grievance, the administrator has ten (10) working days to respond in writing to the grievance, either by providing the redress sought, providing an alternative solution acceptable to the grievant, or rejecting the complaint. If the administrator fails to respond to the grievance within the time limit, this failure will be taken as a rejection, thereby allowing the grievant to advance to the next step.
    6. STEP 6:
      1. In the event a grievance is rejected by the administrator, the grievant has fifteen (15) working days to file a request with the institution's Equity Officer for arbitration by an AA/EEO Hearing Committee. Upon receipt of such a request, the Equity Officer has fifteen (15) working days to form a hearing committee according to procedures set forth by the AA/EEO Committee guidelines and call a hearing. The grievant and the appropriate College administrator will be informed of the time and place of the hearing. The grievant will be advised of his/her right to have an advisor of his/her own choosing and expense who may act as counsel.
      2. At the AA/EEO Hearing, the committee will attempt to arbitrate the aggrieved issue(s). The hearing shall include an examination of the facts surrounding the issue(s), including testimony by witnesses for either side and other documentary evidence. Witnesses may be examined and cross examined. The proceedings will be recorded on tape to become a confidential record of the hearing kept in the possession of the Equity Officer for future reference.
      3. Should arbitration of the issue(s) fail, i.e. either or both parties are unwilling to resolve or compromise the issue(s), the AA/EEO Hearing Committee will meet in closed session and reach a majority decision on the issue(s) presented. Within ten (10) working days of the date of the hearing, the committee's decision will be forwarded in writing to the grievant, the administrator, and the president (for his information). The committee chairperson will also inform the grievant and the administrator of college, state, and federal agency appeal avenues available. The decision of the Hearing Committee will be binding unless appealed to the President by one of the parties.
      4. Remedies may be invoked by the AA/EEO Hearing Committee if such remedies are specifically requested by the grievant in his/her grievance and if the remedies do not exceed authorized budgets. Claims made in excess of authorized budgets cannot be invoked without approval of the president.
    7. STEP 7:
      Presidential Review
      If the grievant or the administrator wishes to appeal the decision of the AA/EEO Hearing Committee, within ten (10) working days of receipt of the decision he/she may request that the president review the proceedings. The president shall have fifteen (15) working days to arrive at a final and binding decision and so inform the grievant, the administrator, and the Equity Officer.
    INELIGIBLE GRIEVANCES
    This exception to the general rule is not available (except for claims of violation of constitutional or statutory rights, particularly discrimination or equal opportunity) in the case of termination of (1) tenured faculty (See Policy C-5.5, Faculty Academic Freedom, Professional Responsibility, Tenure , (2) probationary employees, (3) hourly employees, or for non-renewal of contract at the end of a contract term.
    Non-reprisal
    No employee of the institution shall in any way retaliate against any student or other employee who initiates a complaint or grievance under this procedure.
    Cara O'Sullivan, Policy Officer | mailto:cara.osullivan@uvu.edu | (801) 836-7355
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