Appendix A

Contents of this Section:

Administrative Appeal Procedure

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.

Appeal Procedure

Step 1

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:

Step 2

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.

Step 3

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 meeting.

Step 4

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 information.

Step 5

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.

Step 6

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.

General Provisions

The President shall establish a University-wide Review Panel of 20 administrators.
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 public.
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 stenographer.
The fees and expenses of the stenographer, if any, will be shared equally by the University and the administrator who has filed the appeal.

Time limits at any step of the procedure may be extended by mutual consent of the administrator filing the appeal and the University.

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.