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1. Definition
A grievance procedure is available to those classified employees
who have completed the six months probationary employment period.
Any classified employee or any group of classified employees who
have completed the probationary period may file a grievance under
this procedure for any action or inaction by an employee of Armstrong
Atlantic State University that in good faith they believe is unfair,
discriminatory, or improper and perceived as unjust or inequitable
or when in good faith they believe a mistake has been made in
the administration, application, development, or interpretation
of a rule, plan or policy. Pursuant to the AASU Harassment Policy,
complaints of covered harassment, including sexual harassment,
are distinct issues and should instead be reported to the Harassment
Prevention Officer for investigation and resolution.
2. Purpose
Conflicts sometime arise in the relationship between the University,
as an employer, and its employees. Both the employee with a grievance
and the University benefit when the University responds to grievances
promptly and fairly. The grievance procedure at Armstrong Atlantic
State University consists of three parts:
a) Informal Grievance Procedure
b) Alternative Dispute Resolution (Mediation)
c) Formal Grievance Procedure
3. Policy
All employees shall receive fair and equitable treatment. These
procedures apply to all employee grievances that arise while employed
at Armstrong Atlantic State University. Employee grievances will
be resolved promptly and fairly.
An aggrieved employee should first seek
resolution with his/her immediate supervisor or a first line manager
consistent with our philosophy of resolving disputes at the lowest
possible level in the organization. If the problem originates
with the supervisor, then the employee will have the option of
bypassing this step and filing an informal or, if necessary, formal
grievance as outlined below.
This institution does not support any punitive
or retaliatory action against an employee for any reason. Employees
are allowed to pursue a grievance without compromising their present
work status and without any threat of punitive or retaliatory
action. Any such action taken against an employee for seeking
redress under these procedures will not be tolerated. Violation
of this rule is grounds for dismissal.
4. Informal Grievance
The employee first seeks to resolve the grievance with the immediate
supervisor or a first line manager consistent with our philosophy
of resolving disputes at the lowest possible level in the organization.
These discussions should be conducted in private. If the grievance
involves the immediate supervisor, the employee shall have the
option of having a discussion in private, and/or shall be given
an opportunity to have another employee present as a witness.
If the grievance remains unresolved, the employee may then seek
to resolve the grievance at each level of supervision up to and
including the department head/department chair/dean/vice president.
If the grievance is not resolved, or if
circumstances of the grievance prevent the employee from using
the above-mentioned steps, the employee may represent the grievance
to the Human Resources Director.
The Human Resources Director shall investigate
and counsel with the employee, the supervisor, and the department
head/department chair/dean/vice president in an attempt to resolve
the grievance.
5. Mediation Procedure
If all reasonable informal efforts to resolve the complaint fail,
the aggrieved employee is encouraged to choose the mediation process
before filing a formal grievance.
Mediation is an informal process that involves
a neutral third party who will assist in resolving the dispute.
The objective of this process is to come to an agreement that
is fair and meets the needs of the parties involved. This process
is confidential and private and is conducted in a private setting.
Mediation does not waive the rights of
any aggrieved party to seek resolution of his/her grievance through
formal avenues. Mediation is a cost effective, voluntary, fast
and efficient way to resolve grievances; it thus encourages reaching
a mutually acceptable resolution.
6. Steps for Mediation
a) The Director of Human Resources will supply parties in
the dispute with names of persons who can be used as mediators.
The parties involved will jointly select one mediator to hear
the dispute.
b) The mediator will set up a time for
the employees to meet. This meeting will take place within five
(5) working days after the mediator is chosen.
c) At the time of the meeting, the mediator
will assist the two parties in finding a mutually agreeable and
fair solution to the conflict. The mediator may offer suggestions,
but cannot impose a solution.
d) If the employee is not satisfied with
the outcome of mediation, he or she can file a formal grievance.
7. Formal Grievance Procedure
If a grievance persists or is not resolved by informal appeals
or mediation as outlined above, classified employees may decide
to seek remedy through the Formal Grievance Procedure. The following
procedures will be in place to provide the framework and process
to resolve formal grievances:
a) Procedures for Requesting Review Board
Hearing
The employee should, within fifteen (15)
working days of the final informal conference or mediation, make
a written request to the Director of Human Resources stating the
following:
* The specific facts of the complaint,
including names of the parties involved, the date, time and place
the act occurred and other pertinent facts verified by the grievant.
Disputes involving salary are not considered by the Grievance
Panel.
* Attempts made to resolve the problem.
* The names of possible witnesses.
* A description of the evidence that tends to support the complaint.
* The objective or relief sought through the procedure.
The Director of Human Resources shall then
route the request to the Vice-President for Business and Finance
for either approval or denial for lack of merit (except in the
case of dismissal, demotion, or suspension) based on the facts
presented. The Vice President shall, within ten (10) working days,
acknowledge receipt of the request and advise the grieving party
of the decision. If the decision is a denial of a formal hearing,
any such grievant who had not availed himself or herself of the
mediation option would again be encouraged to do so. A copy of
the decision will be sent to the President and the Director of
Human Resources.
If the request for a formal hearing is
approved, the President, within five (5) working days from the
date of the approval, shall begin the selection of the Grievance
Panel.
b) Establishment of Grievance Panel
Upon being notified of a decision to proceed
with a formal grievance hearing, the President (or a designated
representative) shall appoint an impartial Grievance Panel consisting
of 3 classified employees and a chairperson who is a tenured faculty
member. Only the 3-member Panel will be voting parties, with the
chairperson responsible for the organization and preparation of
the hearing procedures, conducting the hearing, and the presentation
of the Panel's findings and/or recommendations to the President.
Both the grievant and the respondent(s)
will be promptly informed of the names of the persons appointed
to the Panel and given three (3) working days to controvert the
appointments, stating the reason for their objection. Should either
party question an appointment, the President (or designated representative)
will have the final decision concerning the change after examining
the request. Otherwise, the Panel will stand as appointed.
c) Eligibility of Service of Grievance
Panel
Any classified employee with at least 1
year (twelve months) of continuous service at Armstrong Atlantic
State University is eligible to be selected as a potential Grievance
Panel member. An employee's name shall be removed from consideration
for the panel if:
(1) employment terminates.
(2) an employee is a grievant.
(3) an employee is named or otherwise directly involved in the
grievance.
d) Notice to Parties and Review Board of
Hearing
After the Grievance Panel has been selected,
written notice of the time and date set for the hearing shall
be hand delivered or mailed to the parties and to the members
of Grievance Panel by the Chairperson. This notice will be delivered
no less than ten (10) working days before the scheduled date of
the hearing.
e) Hearing Procedure
The evidentiary hearing before the Grievance
Panel shall be informal in nature and shall not be conducted under
strict rules of evidence or procedures applicable to proceedings
in a court of law. The hearing shall be conducted in a private
setting and remain confidential. Attorneys are not authorized
to be present or participate at the hearing (with the exception
noted in the Business Procedures Manual, Vol. 3A, Section II-K,
Appeals). The parties have the right to select an advisor (other
than an attorney) to assist them prior to and during the proceedings.
The advisor may offer counsel to the party but may not participate
in the proceedings themselves except to the extent expressly permitted
by the Chairperson. The principal parties present at the hearing
shall be the grievant, the respondent(s), their respective advisors,
the Affirmative Action Officer (non-participating), the 3- member
Panel and the Chairperson.
A tape recording or transcript of the proceedings
shall be kept within a secured area in the AASU Human Resources
Department and will be available to the parties at a reasonable
cost.
Both parties will have the opportunity
to present witnesses and supporting evidence at the hearing. Both
parties shall be given adequate time to present their case, although
all efforts should be made to expedite the procedure in the interest
of time and clarity of purpose. Both parties will be asked not
to exceed one hour.
The parties shall have the right to cross-examine
witnesses against them. Should a witness
be unable to appear because of illness
or other cause acceptable to the Chairperson,
the sworn statement or affidavit of the
witness may be introduced into the record.
An affirmation shall be administered to
all witnesses by a notary public. The
Grievance Panel will not be bound by strict
rules of legal evidence. It may receive
any evidence deemed by the Chairperson
to be of value in determining the issues
involved. The findings of the Panel shall
be based on the evidence introduced at
the hearing.
The Grievance Panel shall state its findings
and recommendations in writing. The Chairperson will submit the
written findings and recommendations to the President within ten
(10) working days. The confidentiality of the hearing shall be
preserved.
f) Review Board Findings
The findings and confidential recommendations
made by the Grievance Panel to the President shall be advisory
only. Upon reviewing the findings of the Panel and the records
of the proceedings, the President shall render a final decision
in the matter. The President shall inform both parties of this
decision in writing within ten (10) working days. That decision
will be considered the final disposition of the matter at the
institutional level.
If the matter is not resolved to the satisfaction
of the grievant, further review can be requested from the Board
of Regents. The application for review shall be submitted in writing
to the Board's Senior Vice Chancellor for Support Services or
designee within twenty (20) days following the decision of the
President. It shall state the decision complained of and the redress
desired. A hearing before the Board is not a matter of right but
is within the sound discretion of the Board.
g) Time Limits
The time limits described in this formal
grievance procedure may be waived or extended with the consent
of both parties or the President of the University.
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