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UT System Administration Policy Library -- Policy INT123

Grievance

Responsible Officer: Associate Vice Chancellor for Employee Benefits and Services
Sponsoring Office: Office of Employee Services
Effective Date: February 1, 2006
Last Reviewed: October 20, 2009
Next Scheduled Review: October 21, 2009
Errors or changes to: policyoffice@utsystem.edu

Policy Statement
Rationale
Scope
Website Address for This Policy
Related Policies, Requirements or Standards
Contacts
Definitions
Procedures

Responsibilities
Appendix

POLICY STATEMENT

It is the policy of The University of Texas System Administration to encourage fair, efficient and equitable solutions for problems arising out of the employment relationship and to meet the applicable requirements of state and federal law. No employee will be penalized or disciplined for pursuing a grievance or for aiding another employee in the presentation of a grievance, provided such action is taken in good faith. Also, no employee will incur retaliation for reporting issues or events of non-compliance to The University of Texas System Administration Compliance hotline.

RATIONALE

This policy establishes procedures for employees of The University of Texas System Administration to bring complaints to the attention of management.

SCOPE

All Office of UT System Administration

WEBSITE ADDRESS FOR THIS POLICY

http://www.utsystem.edu/policy/policies/int123.html

RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS

UT System Administration Policies & Standards

Other Statutes, Policies & Standards

Board of Regents’ Rules and Regulations, Rule 30602

CONTACTS

If you have any questions about UT System Administration Policy INT 123, Grievance, contact the following offices:

Subject	Office Name	Telephone Number	Email/URL
Human Resources/ Employee Benefits	Office of Employee Services	512-499-4587	esc@utsystem.edu

DEFINITIONS

System Administration Compliance Hotline:
A toll free number (1-877-217-2426) that is operated 24 hours a day, 365 days a year by trained professionals. Employees may anonymously report issues or events regarding non-compliance on the hotline.

RESPONSIBILITIES

Employee

Grieves applicable terms and conditions of employment in accordance with this policy and its procedures.

Supervisor, department head, director, appropriate vice chancellor executive vice chancellor (or the administrative equivalents for these administrators)

Responds to employee grievances in accordance with this policy and its procedures.

PROCEDURES

1.1 Scope of Policy

This grievance procedure is available to all employees, including probationary, temporary, and those hourly or per diem employees who work on an as-needed basis, with the exception of faculty, teaching staff, students employed in positions which require student status as a condition for employment, and commissioned/uniformed employees of The University of Texas System Police who are subject to another grievance policy.

This procedure does not apply to decisions or actions that are reviewable pursuant to procedures provided by the Board of Regents’ Rules and Regulations or the Policies of the Board of Regents or other approved policies or procedures of The University of Texas System.

This grievance procedure is available for the complaint of an employee concerning wages, hours of work, working conditions, performance evaluations, merit raises, job assignments, reprimands, the interpretation or application of a rule, regulation or policy; or allegations that the termination of a probationary, temporary, hourly or per diem employee who works on an as-needed basis was for an unlawfully discriminatory reason.

A complaint pursuant to a possible violation of Equal Employment Opportunity policy or Sexual Harassment/Sexual Misconduct policy should be handled in accordance with those policies and procedures.

1.2 Personnel Files
The written complaint and all decisions or responses regarding the complaint will be a part of the personnel file of the employee.

2. PROCEDURES

2.1 Informal Complaint
The employee should present the complaint to the supervisor or administrative official for discussion, consideration and resolution within five workdays from the date of the action which is the subject of the grievance, or within five workdays of when the employee first became aware or should have become aware of the action being grieved. If the supervisor is the subject of the complaint, the employee may address the complaint to the appropriate department head or administrative equivalent.

2.2 Formal Complaint
If the complaint is not satisfactorily resolved by the supervisor or administrative equivalent within five workdays, the employee may present the complaint in writing within five workdays to the appropriate department head or administrative equivalent for consideration and action. The written complaint should be clearly identified as a grievance, contain a concise statement that explains the specific complaint, and contain the employee’s recommendation for attaining a sufficient remedy of the complaint. A written decision will be provided to the employee within five workdays of receipt of the complaint.

2.3 Appeal
If the employee is not satisfied with the decision of the department head or administrative equivalent, a written appeal stating why the decision on the formal complaint is incorrect must be received by the appropriate director or administrative equivalent within five workdays of the decision. Within ten workdays of the date of receipt of the appeal, a written decision will be provided to the employee.

2.4 Final Appeal
Complaints not satisfactorily resolved by the director or administrative equivalent may be appealed in writing to the appropriate vice chancellor or executive vice chancellor or administrative equivalent for the employee’s department within five workdays of the date of Appeal decision. The appeal shall state why the Appeal decision is not correct.

Within a reasonable time, not to exceed thirty calendar days following receipt of the complaint, a written decision will be provided to the employee. This decision is final.

2.5 Documents Relating to Grievance

All documents relating to the grievance will be forwarded to the Office of Employee Services for inclusion in the employee’s personnel file.

FORMS AND TOOLS / ONLINE PROCESSES

None

APPENDIX