Policy No.ULC.2003.018

GRIEVANCE AND APPEAL FOR NON FACULTY
EMPLOYEES

HEARING PROCEDURES

1. At the beginning of each fiscal year the president of UHCL will
   appoint a minimum of twelve potential hearing panel members, with at least
   four appointees from each of the employee work groups listed below:
   1. Support Staff Association
   2. Professional and Administrative Staff Association
   3. Faculty (at least one from each school)
      
      Each of the above employee groups may decide the procedure for recommending at least 10 potential members to the president for consideration. Those recommended by the employee group will be reviewed by the sr. vice president/provost and the vice president for administration and finance before the final appointment by the president. Each appointment will be for two years, and members may be re appointed at the president's discretion.
      
2. The staff grievance process is not a formal legal proceeding. The grievant may be assisted by other employees in preparing or presenting the complaint; however legal counsel will not be allowed to participate in these proceedings.
3. Upon receipt of the written and signed grievance, the executive director will assess if illegal discrimination is alleged. If illegal discrimination is alleged the executive director will investigate the allegation in accordance with the UHCL NON-DISCRIMINATION POLICY. If the complaint is for reasons other than illegal discrimination, the executive director will contact the grievant and respondent to review the list of potential panel members. The grievant and respondent will be allowed to make recommendations of the top five individuals from the list that they would like to be considered for the panel. Appointees selected to serve on a hearing panel should have no factual involvement with events leading to the grievance, nor should they have a reporting relationship to either the respondent or grievant. The executive director will make the final selection and will be responsible for contacting the panel members. Panel members shall not be contacted by the grievant or respondent.
4. The panel chair will be selected by the panel members.
5. The executive director will serve as hearing coordinator to establish a time and location for the hearing, to assemble all exhibits and documentation, and request the participation of witnesses, and to inform participants of hearing procedures. If the executive director is party to the grievance, the process will be facilitated by the vice president for administration and finance or his/her designee.
6. Prior to the time set for the hearing, usually within 5 working days, the hearing panel members may inspect exhibits and documentation in the Office of Human Resources. These exhibits and documents will be used by the hearing panel during the hearing, but will be returned to the Office of Human Resources at the conclusion of the hearing.
7. Each party to the grievance will inform the executive director of the names of individuals who may be asked to appear on his/her behalf to provide information or testimony. No individual may be compelled to participate, and no retaliatory action may be taken against any individual who chooses not to appear or to appear.
8. Each party to the grievance may request that other parties produce relevant records or exhibits. Any such request must be made in writing and directed to the respondent through the executive director. However, such requests may be denied if to accede would not serve the best interests of the university or would violate individual privacy. In the event such request is denied, the executive director must document his/her denial in writing, citing appropriate reasons for denying the request.
9. The complainant and the respondent will be present at the hearing throughout the proceedings and may question witnesses, including each other. Relevant questions will be made through the panel chair. If, for some reason, the panel determines that the presence of the grievant and/or the respondent may hamper the testimony of the witnesses, they may be excused during the questioning of those witnesses. 
10. The panel chair will be responsible to maintain order and decorum throughout the proceedings.
11. Hearings will be tape recorded and the grievant and respondent will have the opportunity to purchase a copy of the tape(s).
12. The executive director may be called by the panel as a participant to advise on applicable regulations provide personnel information, etc., but will not offer any opinions or testimony except in direct response to questions from the hearing panel.
13. When all evidence and witnesses have been presented by both parties, the complainant and respondent may each make a closing statement, subject to the time limitation set by the panel chair.
14. Within a reasonably brief period (within five working days), the panel members will prepare and submit a report to the executive director. The report will state findings of fact and will include a recommendation. A copy of this report and recommendation will be provided to the appropriate vice
    president/president and the complete hearing file will be returned to the executive director for storage in the Office of Human Resources.
15. The appropriate vice president/president will review the recommendation of the panel and make a determination as to action, if any, to be taken. A response will be sent to the panel members with a copy to the grievant and the respondent stating the disposition of the grievance.

FORM A

FORMAL COMPLAINT FORM

Date _____________________

TO: Executive Director of Human Resources and Affirmative Action

FROM: Employee Name
Employee Title

SUBJECT: FORMAL COMPLAINT

STATEMENT OF COMPLAINT. State the details of your complaint, including the dates of occurrence of any acts which are the subject of your complaint Use reverse side or attach additional pages if more space is needed.

WITNESSES: State the names of anyone who may have witnessed the above or may have first hand knowledge of the above.

EXPECTED OUTCOME: State what outcome or resolution you expect as a result of filing this grievance.

I believe the above information is, to the best of my knowledge, true and factual.

Employee Signature_____________________________________ Date ________________

Title: President
University of Houston-Clear Lake

Approval Date: April 10, 2003

Sunset Date: April 10, 2013