Procedures of the EPA Non-Faculty Grievance Committee

DATED: February 15, 2001

Category: Employee Relations/Compliance

Contact: Director of Employee Relations and Compliance – ext. 2804

The procedures below having been promulgated by the EPA Non-faculty Grievance Committee and are provided for your reference.

Committee membership currently includes the following EPA Staff employees:

Ms. Marian Beane	International Programs
Mr. Frank Fleming	Housing and Residence Life
Ms. Elizabeth Hardin	Business Affairs
Ms. Laura Hill	Alumni Affairs
Mr. John Mack	Information Systems
Mr. Curtis Whalen	Financial Aid
Ms. Kimberly Whitestone	Athletics

PROCEDURES OF THE EPA NON-FACULTY GRIEVANCE COMMITTEE

Effective July 1, 1990

The following are procedures of the EPA Non-faculty Grievance Committee as approved effective July 1, 1990. The procedures are subject to change

1. Function of the EPA Non-faculty Grievance Committee:

A. The Committee hears grievances by permanent EPA Non-faculty employees as defined in Section I.A. and I.B. of the UNC Charlotte Policy Statement #64, Personnel Policies for Designated Employment Exempt from the State Personnel Act (hereinafter "POLICIES").

B. "Grievances" within the province of the Committee's power include not only complaints arising from alleged racial or sexual discrimination or discrimination on the basis of disability, but other problems of employees in covered positions arising out of the employment relationship, including those concerning the interpretation and application of any provisions of the POLICIES, provided, however, that grievances concerning discontinuations or terminations of employment with notice, pursuant to Sections III.A., III.B., or III.C. of the POLICIES, may be brought only upon allegations of violations of applicable notice requirements or violations of any provision of Section V or VI of the POLICIES. The Committee is also authorized to hear other complaints, including complaints of sexual or racial harassment, should the respective informal procedures (if appropriate) have failed to produce a resolution satisfactory to the aggrieved party.

C. With respect to all grievances except grievances concerning discharge for cause pursuant to Section III.D., of the POLICIES, the Committee is authorized to hear, mediate, and advise with respect to the adjustment of grievances of employees in covered positions. The Committee's authorization with respect to discharge for cause is stated under "Grievance Procedures Concerning Discharge for Cause "as provided in Section III below.

2. EPA Non-faculty Grievance Procedures (All grievances except Discharge for Cause)

The procedures for submitting grievances and the Committee's handling of them are outlined below. Committee members are conscious of their responsibility to each EPA Non-faculty employee, and pledge themselves to consider every grievance submitted to them with fairness and impartiality.

A. The Committee can consider a grievance only after the receipt of a signed, written statement by the aggrieved person setting forth the nature of the grievance. The statement must include information concerning attempts made by the aggrieved person to resolve the grievance with the department head, dean, or administrative official directly empowered to make adjustments, or an appropriate official as identified in policies on sexual harassment, racial harassment, or otherwise, and information as to the results of such attempts. Additionally, the statement must describe the desired outcome or resolution being sought by the aggrieved party.

B. Absent exceptional circumstances, the signed, written statement shall be submitted within five working days from the last unsuccessful attempt to resolve the grievance. The statement shall be submitted to the Chairperson of the Committee. In the absence of the Chairperson, the statement will be forwarded by the Chairperson's office to the Vice Chairperson as elected by the Committee. To ensure expeditious handling, envelopes containing such statements should be marked clearly "For the EPA Non-faculty Grievance Committee." The list of members of the EPA Non-faculty Grievance Committee, and its Chair, for the current year may be obtained from the Assistant Director of Human Resources (x2804), or from the Office of the Chancellor.

C. A principal function of the Committee is mediation. In considering a grievance, the Committee will attempt first to ascertain the positions of the parties involved, to analyze their differences, and to seek a common ground for voluntary adjustment of the issue.

D. It is the intent of the Committee that in the consideration of a grievance the investigation of the positions of the persons involved and attempts at mediation will be completed within thirty days after receipt of the statement of grievance.

E. In the handling of grievances, the Chairperson will appoint a three-person Panel from the Committee to conduct the investigation and mediation process. If mediation is unsuccessful, the Panel will report findings from its investigation to the full Committee for review and final recommendations.

F. In meeting its obligation, the Panels ordinarily will hold separate meetings with the aggrieved person, and with the department head, dean, or other administrative official most directly empowered to adjust a grievance, or others that it determines appropriate. Face-to-face meetings with all parties directly involved may also occur should the Panel determine that such meetings are necessary. At meetings with the Panel, the parties may be accompanied by other persons to provide testimony, and by one person to serve in a supportive role. The Committee Chairperson and Panel must be notified, in advance, of the name, position, and role of each of these persons. The principal parties, however, must be present at any discussions as appropriate and requested by the Committee or Panel. A record, in the form of a tape recording, will be kept of each meeting with the principal parties.

G. In the event that mediation fails to resolve the difference, the full Committee will convene to consider the matter further, and, if it deems an adjustment to be in order, will advise accordingly. Both parties to the dispute will be notified by the Committee of its findings. The Committee will make reasonable efforts to provide such notification within two weeks after the last attempt at mediation by the Panel. If consideration by the Committee has not been completed at the end of two weeks, both parties will be notified as to the delay.

H. If advice for adjustment in favor of the aggrieved person is given by the Committee, that advice in favor of an aggrieved shall be given by the Committee Chairperson to the Chancellor only after the department head, dean, or other administrative officials most directly empowered to adjust it has been given similar advice by the Committee Chairperson and, absent exceptional circumstances, has not acted upon it within ten working days.

3. Grievance Procedures Concerning Discharge for Cause

With respect to grievances concerning discharge for cause pursuant to Section III.D. of the POLICIES, the grievance procedures set forth in the POLICIES shall be followed.

4. Appeals

In accord with Section IV.F. of the POLICIES appeals may be pursued as follows: With respect to any grievance, if the Chancellor concurs in a recommendation of the Committee that is favorable to the employee, his or her decision shall be final. If the Chancellor either declines to accept a Committee recommendation that is favorable to the employee, or concurs in a Committee recommendation that is unfavorable to the employee, the employee may appeal the Chancellor's decision to the Board of Trustees, in accord with such rules as the Board of Trustees may enact.