4.19.1 Grievance Policy and Procedures

A. Purpose

To establish by policy, a procedure for employees to bring complaints of harassment or discrimination to the attention of management. It is incumbent upon management to mitigate any such charges so that recourse outside the institution will be unnecessary.

B. Persons Affected

All employees

C. Definitions

N/A

D. Policy and Procedures

It is the policy of The University of Texas at Tyler to encourage fair, efficient and equitable solutions for problems arising out of the employment relationship and to meet the requirements of state and federal law.

  1. SCOPE OF GRIEVANCE POLICY

    An employee may file complaints concerning wages, hours of work, and working conditions.

    1. The complaint of employees including probationary and temporary employees and those hourly or per diem employees who work on an as-needed basis, will be considered pursuant to the procedure provided below. This policy does not include faculty or teaching staff who are subject to another grievance policy or the commissioned or uniformed employees of U.T. Tyler Police.

    2. No employee will be penalized, disciplined or prejudiced for exercising the right to make a complaint or for aiding another employee in the presentation of that complaint.

    3. An employee’s grievance shall consist of three elements. A complaint must be clearly identified as a grievance. Grievances shall contain a clear and concise statement which explains the specific complaint. Grievances shall also contain the employee’s recommendation for attaining a sufficient remedy of the complaint.

  2. PROCEDURE

    1. The following are the steps to be followed in filing a grievance.

      Step One: The employee shall informally present the complaint to his or her supervisor or administrative equivalent for discussion, consideration and resolution within five (5) working days from the date of the action which is subject of the grievance or within five (5) days of when the employee first became aware of the action being grieved. If the supervisor is the subject of the complaint, the employee may address the complaint to the appropriate department head or administrative equivalent. The supervisor shall respond verbally within five (5) working days or the employee may proceed to a Step Two grievance.

      Step Two: If the complaint is not satisfactorily resolved by the supervisor or administrative equivalent within five (5) working days, the employee may present the complaint in writing within five (5) working days to the appropriate department head or administrative equivalent for consideration and action. A written decision will be mailed to the employee within five (5) working days of receipt of the complaint.

      Step Three: If the employee is not satisfied with the decision of the department head or administrative equivalent, a letter stating why the Step Two decision is incorrect may be made to the appropriate dean, director, or administrative equivalent within five (5) working days of the Step Two decision. Within ten (10) working days of the date of receipt, a written decision shall be mailed to the employee.

      Step Four: Complaints not satisfactorily resolved by the dean, director, or administrative equivalent may be appealed in writing to the appropriate vice president or administrative equivalent for the employee’s department within five (5) working days of the date of the Step Three decision. The letter shall state why the Step Three decision is not correct. Within a reasonable time, not to exceed thirty (30) calendar days following receipt of the complaint, a written decision shall be mailed to the employee. This decision is final.

    2. The written complaint and all decisions or responses regarding such complaint shall be a part of the personnel file of the employee.

E. Responsibilities

See Policy and Procedures section.

F. Review

This policy shall be reviewed by the Director of Human Resources every five years or as legislation changes.

ORIGINALLY APPROVED:  12/01/2001

LAST AMENDED:  04/22/2009

REVIEWED:  AY 2014-15