4.1A multilevel procedure for addressing a grievance is available to University employees and students. It is expected, however, that the majority of grievances can be resolved informally through discussions between the grievant and the respondent or the respondent's supervisor.
4.2At this stage, the grievant has two options. The grievant may either seek informal resolution through an administrator with direct supervisory authority over the grievant or the respondent, or through the Executive Director of Human Resources and Affirmative Action.
4.3If the grievant chooses to contact an administrative officer with direct supervisory authority (such as a supervisor, department chair, director, division administrator or dean), the administrator must counsel the grievant on the options available under this policy and will continue attempts to resolve the grievance without a formal hearing. The administrator shall maintain written records that document actions taken at the school/component level.
The administrator may request assistance from the Executive Director of Human Resources and Affirmative Action in conducting a preliminary investigation to achieve an informal resolution.
4.4 If the grievant contacts the Executive Director of Human Resources and Affirmative Action, the executive director will advise the grievant of his/her options and either begin the informal resolution process or discontinue the grievance procedure at the grievant's request. The Executive Director of Human Resources and Affirmative Action may upon request of the grievant begin informal resolution of the grievance by contacting the respondent and the respondent's immediate supervisor. The Executive Director of Human Resources and Affirmative Action will act as a liaison between grievant, respondent and immediate supervisor of the respondent in the informal resolution of the grievance.
4.5. If the administrator with direct supervisory authority is able to resolve the grievance informally, notification and records of the resolution shall be kept by the Executive Director of Human Resources and Affirmative Action.
4.6 If the administrator is unable to resolve the grievance, the administrator will advise the grievant of his/her right to request a hearing through the Executive Director of Human Resources and Affirmative Action
5.1 Only when a grievance cannot be resolved informally shall it be referred to the Executive Director of Human Resources and Affirmative Action.
5.2 Formal grievances shall be filed with the Executive Director of Human Resources and Affirmative Action using the Formal Discrimination Grievance form which shall include the following information:
5.2.1name, empl id, telephone number, University affiliation, and address of the grievant(s);
5.2.2nature, date and description of the alleged violation;
5..2.3name(s) of persons responsible for the alleged violation;
5.2.4requested relief for corrective action;
5.2.5 any background information that the grievant believes to be relevant, including possible witnesses; and
5.2.6 grievant's signature and date of filing.
5.3 The Executive Director will give the respondent a copy of the grievance and ask the respondent to reply to the charges within ten (10) working days. Failure to respond without good cause may subject the respondent to disciplinary action. A response is required to maintain status as an employee or student.
The respondent will be specifically warned that retaliation is prohibited and, if shown, will result in disciplinary action.
5.4 The Executive Director of Human Resources and Affirmative Action will report the grievance to the appropriate supervisors of the grievant and respondent.
Administrative officers will attempt to ensure that information obtained during the grievance process remains confidential.
5.5 Upon receipt of a grievance from a student, the Executive Director of Human Resources and Affirmative Action shalI send a copy of the grievance to the Dean of Students. The Dean of Students shall be notified if a hearing is to be conducted and he/she or a designated representative shall attend the grievance hearing to serve as a University resource person. This individual shall not have a vote at the hearing, nor be present during deliberations of the hearing board. This individual shall not have a voice at the hearing unless so requested by the hearing board
5.6 Once the Executive Director of Human Resources and Affirmative Action notifies the appropriate parties, the Executive Director must conduct a preliminary investigation, and take one of the following actions within thirty (30) working days of receiving the grievance:
5.6.1dismiss the grievance on the grounds that the evidence submitted in support of the grievance or developed in the preliminary investigation does not warrant a detailed investigation or a formal hearing;
5.6.2 refer the grievance to a hearing board of the Grievance Committee; or
5.6.3 allow the parties to sign a written statement of agreement resolving the grievance
5.7 If a grievance is dismissed at this stage, the grievant has ten (10) working days in which to appeal the dismissal
If the grievant appeals, the Executive Director of Human Resources and Affirmative Action will forward the file including any facts, evidence and results of any investigation to the Chair of the Grievance Committee who shall convene a Review Panel to hear the appeal
A decision to forward the complaint to the Committee cannot be appealed.
5.8 If it is determined by the Review Board that a hearing should be conducted, the Executive Director of Human Resources and Affirmative Action shall select a three person hearing board from the membership of the Grievance Committee which shall conduct a hearing on the grievance within twenty (20) working days.
5.9 The President shall appoint the Grievance Committee, which shall consist of:
5.9.1. six staff members;
5.9.2 six faculty members; and
5.9.3 six students, of which three shall be graduate students and three shall be undergraduate students.
For every hearing held under this procedure, the Executive Director of Human Resources and Affirmative Action will select a three person hearing board from the membership of the Grievance Committee, two from the constituency of the respondent, and one from the constituency of the grievant. The chairperson of the hearing board shall be appointed by the Executive Director of Human Resources and Affirmative Action.
5.10 Hearings before the hearing board will be conducted in accordance with the procedures set forth in Section VI.
5.11 Records shall be kept of each grievance proceeding, and shall include, at minimum:
5.11.1 the written grievance filed by the grievant;
5.11.2 the written response filed by respondent;
5.11.3 the written findings of the hearing board; and
5.11.4 any other material designated by the Executive Director of Human Resources and Affirmative Action.
A file of these records shall be maintained in the office of the Executive Director of Human Resources and Affirmative Action. For purposes of the dissemination of grievance precedents, separate records may be kept which indicate only the subject matter of each grievance, the resolution of each grievance, and the date of the resolution. These records shall not refer to any specific individuals and they may be open to the public in accordance with the Texas Public Information Act.
5.12 No person shall be subjected to retaliation for having used or having assisted others in the use of the grievance process.
6.1 The hearing will be recorded by the Executive Director of Human Resources and Affirmative Action. These recordings shall be maintained for a period of three (3) years after resolution of the grievance. The grievant or respondent may obtain a copy of the tapes of the recorded hearing at the requesting party's expense. The deliberations of the hearing board will not be recorded.
6.2 The grievant and the respondent have the right to be assisted by advisors at any point during the initiation, filing, processing, or hearing of the grievance; however, neither party may proceed through counsel at the hearing.
6.3 The grievant and respondent shall provide the Executive Director of Human Resources and Affirmative Action with all documents to be used and relied upon at the hearing, and with the name, address and telephone number of counsel and witnesses no later than ten (10) working days prior to the date of the hearing.
At least three (3) working days before the hearing, the Executive Director of Human Resources and Affirmative Action will facilitate a simultaneous exchange of this information between the parties. Witnesses not listed will not be allowed to address the hearing board and advisors not listed may not attend the hearing.
6.4 All parties shall be afforded reasonable opportunity to present opening and closing statements and to present witnesses and documentary evidence.
6.5 The hearing board shall have the right to question any and all witnesses, to examine documentary evidence presented, and to summon other witnesses as the board deems necessary. Witnesses shall not be present during the testimony of any party or other witness.
6.6 The date of the hearing must be adhered to except for unusual circumstances which must be reported in writing as soon as possible to the Executive Director of Human Resources and Affirmative Action.
6.7 After the hearing is concluded, the hearing board shall convene to deliberate their findings and arrive at a majority decision. Within five (5) days after the hearing is concluded, the hearing board shall transmit a written copy of the recommendation to the Executive Director of Human Resources and Affirmative Action. The Executive Director will then mail a copy to the grievant and respondent in the United States mail at the addresses provided by the grievant and the respondent.
8.1 If the grievant or respondent wishes to appeal the recommendation of the hearing board, the respondent or grievant shall, within seven (7) days of the receipt of the recommendations, notify the Executive Director of Human Resources and Affirmative Action in writing of their intent to appeal.
If the last day for filing an appeal falls on a Saturday, Sunday, or a day on which the University is closed for business, then the appeal may be filed on the first day following the Saturday, Sunday, or legal holiday in which the University is open for business.
If notification is not received by the Executive Director within seven (7) calendar days, any recommendation for corrective action or sanctions by the hearing board shall be forwarded to the appropriate Vice President for consideration, and the grievance will be recorded by the Executive Director as closed.
8.2 If an appeal is requested, the Vice President to whom the respondent ultimately reports shall review the appeal within twenty (20) workings days from the date of the appeal.
If either party has requested an interview or is requested to appear for an interview by the appropriate Vice President, then both parties must be informed.
The intent of the Vice President's review is not to hear new evidence nor to substitute the judgment of the Vice President for that of the hearing board which heard the case. The intent of this review is to insure that the hearing and recommendations of the hearing board were not arbitrary and capricious. The Vice President's review is the final institutional step in the appeal process. However, nothing precludes the student or employee from filing a complaint with any external agency that handles discrimination complaints.
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