Title: Staff HR Grievances
Effective Date: 07/29/2019
Responsible Official: Vice President of Human Resources
Responsible University Office: HR Employee Relations
Revision History: 01/01/1995; 01/01/2002; 01/01/2008; 08/01/2010; 06/03/2019
Related Legislation and University policies: Staff HR Grievance Procedure; Office of Equity Grievance Procedure; Sexual Misconduct Policy; Non-Retaliation and Whistleblower Protection Policy; Positive Corrective Action; Faculty Handbook
Review Period: 5 years
Date of Last Review:
Relates to: senior staff and staff
Exclusions: executive staff, staff employees who have been laid off, and staff employees in their orientation period
Employees who receive any level of Positive Corrective Action (PCA) (e.g. verbal warning, written warning, suspension or termination) may file an HR Staff Grievance with respect to the PCA. An employee will not be retaliated against or harassed because they filed a grievance(s). However, an employee is not able to participate in the Staff HR Grievance procedure if the employee’s was terminated due to acts of violence or threats of violence.
Because the grievance procedure is an internal process provided for resolution of employment issues, and is not a legal forum, employees may not be accompanied during the grievance process by any other person, including a spouse, co-worker, or an attorney. No hearing or conference should be taped or electronically recorded by any party or witness to the grievance.
It is generally intended that matters related to grievances filed under this policy shall remain confidential. However, it may be necessary for information gathered during a grievance investigation to be made known to appropriate university officials or outside individuals.
Individual Limitations and Exclusions
The following employees are precluded from filing a Staff HR Grievance:
- Term Employees: Term employees are excluded from filing a Staff HR Grievance regarding their position ending, but may file a Staff HR Grievance if they receive a PCA.
- Faculty: This policy is not applicable to faculty members. The procedures utilized for faculty to bring a grievance are set out in the Faculty Handbook.
- Orientation and Temporary Employees: Unless the involved employment issue relates to an alleged violation of the university’s Non-Retaliation and Whistleblower Protection Policy, the Staff HR Grievance Policy is not applicable to temporary employees or to employees who have not successfully completed their orientation period.
Temporary employees or employees who have not successfully completed their orientation periods may file grievances alleging violations of the university’s equity policies (e.g. discrimination and harassment) with the Office of Equity utilizing that office’s Grievance Procedure.
Staff HR Grievances are limited to adverse employment actions that result in Positive Corrective Action. Complaints relating to the following subjects are not grievable under the Staff HR Grievance Policy:
- the establishment, revision, or content of the university’s rules, regulations or policies;
- layoffs/reductions in force;
- the expiration or non-renewal of a contract of employment for a specific term;
- salary or compensation;
- performance evaluations;
- assignments of work;
- exceptions to transfers;
- leaves of absence;
- hours of work;
- verbal or written coaching for improvement including, but not limited to, expectations memos and management plans;
- termination due to acts of violence or threats of violence;
- a supervisor’s “micromanagement” of an employee; or
- other matters that do not result in adverse employment actions.
However, an alleged violation of the university’s Non-Retaliation and Whistleblower Protection Policy related to any of the above will be investigated. Employee Relations will proceed as an investigation, not through this Staff HR Grievance Policy.
Employees alleging a violation of the university’s equity policies (e.g. discrimination and harassment) should refer to the Office of Equity's Grievance Procedure, and should utilize that procedure, not this Staff HR Grievance Procedure. It should be noted that the above actions excluded under the HR Grievance Policy may be subject to an Office of Equity Grievance, depending on the circumstances.
Employees alleging sexual misconduct by supervisors, employees or other individuals should refer to the Sexual Misconduct Policy and should utilize the procedure set forth therein, not this Staff HR Grievance Policy.