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HOP 3.5.3 Grievance

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Sec. 1 Purpose

This policy establishes procedures for employees of the U. T. System Administration to bring complaints to the attention of management.

Sec. 2 Principles

U. T. System Administration is committed to cultivating a culture of mutual respect, understanding, and collaboration. The grievance process shall be handled in a sincere, transparent, and prompt manner to ensure that all parties are treated fairly.

Sec. 3 Policy Statement

It is the policy of the U. T. 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 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 noncompliance to the U. T. System Administration compliance hotline. Instances of retaliation against an employee are subject to HOP 3.7.2 Procedures for the Handling of an Allegation of Retaliation.

Sec. 4 Scope of Policy

4.1 This grievance procedure is available to all employees, including probationary, temporary, hourly and per diem employees. This grievance procedure does not apply to students employed in positions that require student status as a condition of employment, commissioned/uniformed employees of the U. T. System Police,  or other  employees subject to a separate grievance policy.

4.2 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, as well as other approved policies or procedures of the U. T. System.

4.3 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. 

4.4 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.

Sec. 5 Record Keeping

The written complaint, all documents pertaining to the complaint, as well as all decisions or responses regarding the complaint will be forwarded to the Office of Talent and Innovation for inclusion in the employee’s personnel file.

Sec. 6 Procedures

6.1 Informal Complaint. The employee should first present the complaint to the supervisor or administrative official for discussion, consideration, and resolution within five workdays from the date of the action that 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.  Office of Talent and Innovation (OTI) representatives are available for consultation with any involved parties, upon their request.

6.2 Formal Complaint. If the complaint is not satisfactorily resolved by the supervisor or administrative equivalent within five workdays of being put on notice of the complaint, the employee may present the complaint in writing within five workdays to the appropriate department head or administrative equivalent for consideration and action. A copy of the complaint will also be provided to the appropriate business partner in the Office of Talent and Innovation (OTI).  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 and OTI within five workdays of receipt of the complaint.

6.3 Appeal

  1. Complaints not satisfactorily resolved by the department head 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. A copy of the appeal will also be provided to OTI. 
  2. Within a reasonable time, not to exceed 10 workdays following receipt of the complaint, a written decision will be provided to the employee and OTI. This decision is final.

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 noncompliance on the hotline.

Per Diem Employee - someone whose work hours may vary from week to week depending on the employer's need (as needed basis).

Policy Details

Responsible Office(s)

Talent and Innovation

Date Approved

Dates Amended or Reviewed