Contents of this Section:
Administrators are provided with a process for resolution
of violations of employees' rights as specified in this handbook. No
administrator will be retaliated against as a result of filing an
appeal. An administrator may appeal formal performance counseling or
other employment related complaints. However, neither policies nor
decisions on pay may be appealed.
The Office of Human Resources will assist administrators in
determining if an issue qualifies for the appeal procedure. The
Affirmative Action Officer will assist administrators in determining
whether the appealed action involves behaviors prohibited under the
University's non-discrimination policy. If not, the Affirmative Action
Officer may direct an administrator to use all or a portion of the
Administrative Appeal Procedure. For more information contact the
Affirmative Action Officer.
An administrator who has a complaint will promptly
discuss it with his/her immediate supervisor so that the supervisor has
an opportunity to resolve the complaint informally. If the complaint
cannot be resolved through informal discussions, the administrator may
pursue the following review process:
If the administrator and the supervisor cannot arrive at a
mutually satisfactory resolution or if the administrator feels that
he/she cannot discuss the problem with the supervisor, the administrator
may take the matter up with the supervisor's superior. The
administrator should submit a written appeal outlining the reasons for
the complaint and the remedies requested within 30 calendar days of the
event which gave rise to the complaint. The appeal shall be answered in
writing within 15 calendar days of the appeal meeting date.
If further appeal is necessary, the complaint may be
referred to Step 3 of the appeal process within five calendar days of
the receipt of the written answer at Step 2. Also an administrator may,
within five calendar days following receipt of a written notice of
termination or reduction in time, submit a written request to Step 3.
The written request for review shall be submitted to the Assistant Vice
President for Human Resources and it shall include the reason or reasons
for the review; copies of all relevant documents, if any, and the
resolution sought. The Assistant Vice President for Human Resources
shall within ten (10) calendar days following the administrator's
request for a review, schedule and convene a University Review Panel
- The Panel shall be empowered to (1) gather evidence and take
whatever steps deemed necessary and appropriate to assure that all facts
have been fully presented, investigated and considered; (2) determine
the participants who will be present during the review meeting; (3)
provide the participants with an opportunity to present information and
to comment on information provided by others; and (4) issue written
findings of fact and recommendations for resolution. Panel
recommendations for resolution shall either sustain, overturn or modify
the original action.
- In the event the administrator's review request includes
allegations of discrimination such allegations will be investigated by
the Affirmative Action Officer . The investigation shall be completed
within 15 calendar days following the receipt of the administrator's
review request and prior to the initial meeting of the Panel. The
Affirmative Action Officer shall issue a written report to the Panel.
- The Panel shall conclude its review and deliberations of the
Administrator's request within 10 calendar days following the date of
the initial review meeting.
- Prior to the conclusion of its review, the Panel may, at its
discretion reconvene the participants for the purpose of either
clarifying previously presented information or for gathering additional
The Panel shall within 10 calendar days following
conclusion of its review issue written findings of fact and its
recommendations for resolution to the President. The report of the Panel
shall be advisory to the President.
The President shall review the Panel's report. Within 10
calendar days following his review the President shall either sustain,
reject or modify the Panel's report. The President's decision shall be
in writing and submitted to the Vice President/Dean, the Assistant Vice
President for Human Resources, the Panel, the administrator and the
person against whom the claim was filed. The decision of the President
shall be final and binding.
- The President shall establish a University-wide Review Panel of 20
- The Vice President/Dean of each division shall appoint and
submit to the President a list of five administrators from the division
to serve as University-wide Panel members.
- Each member of the University-wide Review Panel shall serve a
two-year term from the date of appointment.
- A Review Panel of three University administrators from the
University-wide Review Panel shall be selected by the President to hear
the administrator's review request. The three- member Panel shall be
from outside the Division where the appeal originated.
- The administrator shall be present during the review meeting or
meetings. The administrator may be self-represented or may be
represented by one other person of the administrator's choice.
- Panel meetings shall be confidential and not open to the
- Any individual, including any witnesses, may decline to appear
before the Panel.
- There shall be no recording devices present during the review
meeting or meetings.
- The Panel proceedings shall be recorded by a stenographer if
requested by the administrator who has filed the appeal. The Assistant
Vice President for Human Resources will arrange for the services of a
- The fees and expenses of the stenographer, if any, will be
shared equally by the University and the administrator who has filed the
Time limits at any step of the procedure may be
extended by mutual consent of the administrator filing the appeal and
The foregoing review procedure supersedes each and every policy,
understanding or agreement (whether written or oral) which may exist
that pertains to the subject matter of the review procedure.