Human Resources Policies

POLICY: Grievance / Complaint Resolution
Policy Number: HR-14
Effective Date: July 2002
Revisions: June 2002, July 2000, April 1999
Responsible Officer: Associate Dean, Planning and Operations

PURPOSE:
This policy establishes an avenue whereby all employees who have completed their probationary period can seek to address what they consider to be an unfair or inequitable application of existing policy.

I. POLICY:
The College of Medicine provides all eligible non-faculty employees with the opportunity to address and resolve work-related problems or employment issues internally. The purpose of this policy is to foster a positive work environment and promote sound employee relations by providing a process for an internal review that encourages employees to present and resolve problems and issues in a spirit of cooperation and fairness. At any point during this process the employee is encouraged to see a representative of the Human Resources Department for support, guidance, and/or facilitation. Complaints will be addressed and resolved in a non-discriminatory manner consistent with applicable laws and regulations.

II. ELIGIBILITY:
This policy applies to all College of Medicine non-faculty employees.

III. DEFINITIONS:
Complaint is defined as any work–related problem or employment issue which an employee considers to be an unfair or inequitable application of existing policy which cannot otherwise be satisfactorily resolved. Work–Related Problems may include, but are not limited to issues related to
standards of conduct, disciplinary action or performance management.

IV. EXCEPTIONS:
- Matters not subject to a grievance/complaint under this policy include terminations, benefits, performance appraisals, work schedules, reductions in the size of the workforce and/or the designation of individuals for redeployment or separation from a unit.

- This policy does not pertain to grievances/complaints regarding illegal harassment and discrimination, which are handled by the Office of Equality and Diability under the Discrimination or Complaint Resolution Procedure.

V. PROCEDURES:
A. At any point in the process, the employee and/or management representative may contact Human Resources for policy interpretation or other assistance in reaching a solution.

B. Ideally, the employee will develop a working relationship with her/his supervisor such that s/he will be able to discuss and resolve issues amicably within the department. However, on occasions when this is not possible, an employee who has completed the introductory period must first attempt to resolve the work-related problem or employment issue with his/her immediate supervisor within a reasonable time after the occurrence of the incident.

C. If a satisfactory resolution of the problem cannot be reached informally between the employee and the supervisor/manager, the employee may file a grievance/complaint with the next level of management, within seven (7) calendar days of the meeting between the employee and the supervisor/manager. The grievance/complaint should be presented in writing and should include a statement of the problem or issue, description of actions taken and specification of the desired remedy.

D. The next level of management has fourteen (14) calendar days to respond in writing to the employee. If a satisfactory resolution to the problem cannot be reached, the employee may file a grievance/complaint with Senior Human Resources officer within seven (7) calendar days.

E. The Senior Human Resources officer has fourteen (14) calendar days in which to respond in writing to the employee. If a satisfactory resolution to the problem cannot be reached, the employee may file a grievance/complaint with the Chief Operating Officer - DUCOM within seven (7) calendar days.

F. The Chief Operating Officer- DUCOM may within fourteen (14) calendar days, issue a written decision that shall be final and binding on all parties or may convene a Grievance Committee.

1. The Chief Operating Officer- DUCOM may convene a Greivance Committee that will be composed of a non-voting Chair plus three (3) full-time employees, one of which may be selected by the employee.

2. No employee will serve on the Committee if s/he is directly involved in the specific case before the Committee. When a complaint is heard, the aggrieved employee or any other party in interest, which will include any person who might be required to take or to refrain from action to resolve the employee's claim, may appear before and/or submit supporting information (to include documents and other materials) to the Committee. Also, the Committee may request any supporting information from parties in interest that would serve to define the scope and nature of the matter in dispute.

3. The Grievance Committee will investigate the grievance/complaint and within fourteen (14) calendar days, submit its findings and recommendations to the Chief Operating Officer- DUCOM.

G. Within seven (7) calendar days from the date of receipt of the Committee recommendation, Chief Operating Officer- DUCOM will issue a written decision. This decision shall be final and binding on all parties.

H. To expedite prompt resolution of these matters, the time limits set forth in this policy are mandatory, and failure of the aggrieved employee to progress to the next step of the process within the specified time set forth will indicate acceptance of the decision rendered at that step. Prior to the deadline, time limits may be extended in specific instances by mutual written agreement. Requests to extend time limits will automatically double the time limits unless otherwise mutually agreed upon. Such extensions can only be made for what would normally be considered reasonable circumstances.

I. Failure by the College of Medicine or any of its supervisory personnel to communicate the decision within the specified time limits will permit the aggrieved employee to proceed to the next step. The College of Medicine or any employee thereof will take no reprisals of any kind against any aggrieved employee, party in interest, witness, member of the Committee, or any other participant in this procedure.

VI. NON-RETALIATION:
Retaliation against an individual, who, in good faith, participates in a grievance/complaint hearing or an investigation thereof, is prohibited by College of Medicine policy.

Additional Information: Inquiries regarding this policy can be directed to the Human Resources Department.