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H. GRIEVANCE PROCEDURE: FIRST STEPS

As a condition to an employee’s eligibility to file a petition stating a grievance, he/she must contact any member of the Grievance Committee no later than thirty (30) calendar days after the most recent incident which is the subject of the employee’s grievance, except for employment terminations as set out in Section B. above. A list of current Grievance Committee members may be obtained from the Staff Advisory Council.

At the time of contact by the grievant, the Grievance Committee member will provide the grievant with a written copy of this Procedure and any appropriate forms developed by the Grievance Committee.

The Grievance Committee members will document all contact with the grievant, with University employees and with University administrators regarding the grievance and will provide the Chair with a copy of the documentation.

4. The grievant is responsible for returning the completed grievance petition to the Grievance Committee within seven calendar days of receipt of a written copy of the Procedure. It is not the role of the Committee or any of its members to complete the petition or to counsel the grievant on the completion of the petition, except only to point out the requirements of this Procedure. The petition must clearly state:

a) Nature of grievance – relevant facts and circumstances

b) University policy(s) and/or procedure(s) the application or interpretation of which is (are) in issue

c) Person(s) against whom the petition is filed

d) Statement of desired outcome (should be realistic)

e) Supporting evidence for the position of the grievant

f) Names and telephone numbers of witnesses who have knowledge or information relevant to the grievance including names of witnesses desired to be called in support of the position of the grievant.

(Click here to download a "Grievant Form".)

5. The Grievance Committee shall proceed in good faith to make a timely and objective determination of whether or not a valid grievance exists. If the Grievance Committee determines that a valid grievance exists after its good faith objective review, it shall record the date of decision as the grievance date. The Grievance Committee shall then provide a copy of the grievance petition to the party or parties against whom the grievance is made (the respondent or respondents). Each respondent shall have the right (but shall not be obligated) to file a written response within seven (7) calendar days of receipt of the petition from the Committee and may include names and telephone numbers of witnesses desired to be called in support of the respondent. (Click here to download a "Response Form.")

6. A copy of any written response provided by a respondent shall be given to the grievant as soon as reasonably possible after receipt by the Grievance Committee, but not later than five (5) calendar days after receipt.

7. University holidays and weekends do not extend any affected time period since all calendar days are counted.

I. GRIEVANCE PROCEDURE: SETTLEMENT EXPLORATION

The Grievance Committee shall use its best efforts to first attempt to informally work out a resolution of the issues involved with the parties named in the grievance petition. If a resolution is not achieved, the Grievance Committee shall commence its formal investigation as set out in Section J. below.

J. GRIEVANCE PROCEDURE: INVESTIGATION

1. The Grievance Committee shall conduct a thorough and objective investigation of the facts giving rise to the grievance petition as it determines necessary to reach a conclusion on the merits of the grievance petition.

a) Absent special circumstances, the University will make available to the Grievance Committee relevant records and documents requested for use by the Grievance Committee in the investigation of the grievance. This information is confidential and can be used by the Committee and its members only for the limited purpose of investigating the grievance.

b) The Grievance Committee has the right to interview witnesses it determines necessary and/or helpful to the investigation including those recommended by a party to the grievance. All University employees are required to cooperate with the Grievance Committee and to provide relevant evidence or testimony to the Grievance Committee unless excused by the University President. The Rules of Evidence as applied in courts of law do not apply. Questions of relevance of particular evidence must however be addressed by the Committee regarding the importance accorded to it. Normally, the Committee will interview the witnesses listed by both the grievant and any respondent in support of his/her position.

c) The Grievance Committee may seek the advice of the General Counsel at any time during an investigation on any matter including, but not limited to, an interpretation or application of a policy or procedure, relevance of evidence, number and type of witnesses, etc.

2. The Grievance Committee shall make a formal written recommendation to the President outlining its reasons for the recommendation on a confidential basis. The recommendation will be made within ten (10) calendar days after the last witness is interviewed by the Committee. No person shall be given a copy of the Committee’s recommendation or informed of its nature except the President.

3. The decision of the President shall be final and shall be sent to all Committee members and to all parties after his review of the recommendation of the Committee.

To see the entire Grievance Policy, click here.