Policy Number: E30.0
Policy Name: STAFF GRIEVANCE PROCEDURE
Applies to all staff employees
It is recognized that in any group of employees, individual differences and misunderstandings may arise. Successful resolution of differences depends on the willingness of the principal parties involved to communicate with one another. Every effort should be made to resolve in an informal manner whatever issues arise within the department. However, if issues cannot be resolved informally, it is RIT's policy to provide an orderly and formal procedure to deal promptly and fairly with any serious differences of opinion which cause a staff member to believe that he or she has been dealt with unjustly.
Grievance - a complaint on the part of an employee that an action taken by management violates a provision of the university policy or procedure in a way that adversely affects the employee.
NOTE: At any step in this process the supervisor or the employee may consult with the Department of Human Resources for advice and counsel.
Informal Complaint Resolution
NOTE: Initial responsibility for resolving a complaint lies with the supervisor.
(The two-day time frame may be extended if consultations, examination of particulars and possible avenues of resolution are very involved. In this case, the supervisor may notify the employee in writing that up to a one week delay may be expected in response to the complaint.)
NOTE: At these and subsequent steps, the employee may consult with or be accompanied by any member of the RIT community, provided that this employee is not an attorney-at-law.Formal Complaint Resolution If the informal complaint resolution procedure has been exhausted and the complaint remains unresolved, the employee may file a Request for a Formal Hearing. The purpose of the formal hearing is to provide an open and thorough investigation of the grievance.
NOTE: Grievance Committee members should not include principal parties, employees of the division involved (defined as the college or the non-academic unit led by a vice-president), or anyone else previously rendering a decision in the case.
NOTE: A member may be disqualified involuntarily if three or more members concur with a principal's request. If disqualification occurs, an alternate will be selected in the manner by which the disqualified member was selected.
Grievance Committee Charge
The committee is to determine whether university policies and procedures have been fairly administered and interpreted in such cases as pay, promotion, adherence to professional standards, job assignment, and disciplinary action. The committee has the authority to hear grievances, and make recommendations to the president regarding their resolution. The committee will not substitute its substantive judgment on such matters for those of regularly constituted university authority. Committee recommendations are limited to the interpretation or application of university policies, procedures, and practices. The committee has no authority to add, subtract from, or modify such policies, procedures, or practices.
Convening of the Grievance Committee
The chairperson sets a date so that formal hearings begin within ten (10) working days after receipt of all documentation from the Director of Human Resources. All persons concerned, including witnesses, are notified of date, time, and place of hearings. Arrangements for tape recordings are made and, if needed, the chairperson arranges for the presence of a professional interpreter, who meets with the approval of the grievant.
At the initial meeting, the chairperson reviews the procedures to be followed:
Grievance Committee Recommendation
The chairperson writes the recommendation, which will be signed by all committee members, and forwards it to the principals, the Director of Human Resources, the appropriate vice president, and the president of RIT within ten (10) working days. Minority reports may be written, signed, and submitted by individuals. Tape recordings of the proceedings are retained by the appropriate vice president, who will provide the principals with a copy of the recordings or a transcript (in the case of a hearing-impaired employee) at their request and expense. The principals or the vice president may submit their own recommendation to the president who makes a final, binding decision for the university.
The president's decision is stated in writing within ten (10) working days after receipt of the findings of the Grievance Committee, and is distributed to the principals, the appropriate vice president, and the Director of Human Resources. The decision is final and binding. The decision may be made public by the principals or the president.
NOTE: If a vice president feels that he or she has a grievance, the Personnel Committee of the Board of Trustees serves as the grievance committee.
Effective Date: Personnel Policy 5.07 Issued June 1, 1984
Last revised July 1, 1988
Edited October 2010