Personnel
Complaint and Grievance Procedures (6.10)
PURPOSE
The purpose of this policy is to provide a clear, orderly
and expedient process through which all employees of the university
may process bona fide complaints or grievances. Some grievances
are covered by specific appeal processes; therefore, these procedures
have no application to those grievances. These include appeals
of tenure and promotion decisions, allegations of discrimination
in employment on the basis of race, religion, color, sex, age,
handicap, national origin, or veteran status or complaints of
sexual harassment. These procedures also have no application to
a termination procedure initiated against a tenured faculty member
under TBR Policy No. 5:02:03:00 section III 16.d.
A grievance which is the subject of an action filed with an external
body shall not be processed through these procedures. The term
external body includes a court or federal or state administrative
body such as the Equal Employment Opportunity Commission, Office
of Civil Rights or Tennessee Human Rights Commission.
POLICY
It is the policy of Tennessee State University to provide
an effective procedure for resolution of problems arising from
the employment relationship or environment. To this end, a formal
complaint/grievance procedure has been established for the use
and benefit of all employees. When an employee believes a condition
of employment affecting him/her is unjust, inequitable or a hindrance
to effective performance of his/her employment responsibilities,
the employee should seek resolution through these procedures without
fear of coercion, discrimination or reprisal. It is the policy
of this institution to make every effort to resolve disputes prior
to their being reduced to a grievance. The President is responsible
for implementation of these procedures and has final decisionmaking
authority in any action subject to these procedures.
PROCEDURE
A. Matters Subject to the Complaint or Grievance Procedures
There are two types of matters which are addressed by this policy:
1. COMPLAINTS (Committee review not available) A
complaint is a concern which an employee wants to discuss with
supervisory personnel in an effort to resolve the matter. Personnel
actions such as performance evaluations, rates of pay, position
reclassification or position terminations due to reduction
in force do not fall under the definition of complaint.
2. GRIEVANCE (Committee review available) A grievance
may result from any action the institution has taken against the
employee which:
a. violates Tennessee State University or TBR policy, or involves
an inconsistent application of these same policies;
b. violates any constitutional right. The most likely areas of
concern are the First, Fourth or Fourteenth Amendments of the
federal Constitution when action hampers free speech, freedom
of religion, the right to association, or freedom from improper
search and seizure or denies constitutionally required notice
or procedures.
An employee may only grieve those matters defined in paragraphs
a and b above.
B. Employees
Employees shall include administrators, faculty (including fulltime
faculty on term or oneyear temporary contracts), professionals,
clerical and support personnel. Probationary employees are also
included in this definition. Student workers, graduate assistants,
adjunct faculty and temporary workers are not included in the
definition of employees.
As used in these procedures, the following terms shall have the
meanings designated:
1. Immediate supervisor That person who is directly responsible
for the supervision of the employee's activities.
2. Nexthigherlevel supervisor That person who
is directly responsible for the supervision of the immediate supervisor's
activities.
3. Working days Days on which the Business Office of Tennessee
State University is officially open.
4. Date of the decision Date the decision is communicated
to the employee if communicated in person; three (3) days after
mailing of the decision, if communicated by mail.
GENERAL RULES OF IMPLEMENTATION
1. Employees using this procedure shall be entitled to do
so without fear of retaliation, interference, coercion or discrimination.
2. A complaint/grievance must be presented to the employee's immediate
supervisor (Step 1) within ten (10) working days after the occurrence
of the incident. Any claim not presented within the time-frame
provided shall be deemed to have been waived. For repetitive or
ongoing incidents or circumstances, the complaint/grievance must
be filed within ten working days of the last occurrence of such
incident or circumstance.
3. Employees shall be given the opportunity to pursue complaints/grievances
during their assigned work time. Access to procedures under this
policy shall not interfere with the normal work flow of Tennessee
State University.
4. The President may grant reasonable extension of the applicable
time limit at each stage of the procedure upon the timely showing
of good cause. The request for an extension must be in writing.
The approval or denial of the request shall also be in writing.
STEPS FOR FILING THE COMPLAINT
1. Discussion with Immediate Supervisor
The employee should state the basis for the complaint and the
corrective action desired in temperate and reasonable terms. The
employee and the supervisor shall discuss the complaint in an
attempt to resolve the matter. The supervisor shall conduct any
necessary or appropriate investigation and inform the employee
of a decision based upon full and fair consideration of all the
facts within five (5) working days of the initial discussion.
The immediate supervisor will assure the decision is clearly communicated
to the employee.
If the employee is satisfied with the decision, no additional
action is required. If the employee is not satisfied, the employee
may proceed to Step 2. If no decision is communicated to the employee
within five (5) working days of the initial discussion, the employee
may proceed directly to Step 2.
2. Discussion with HigherLevel Supervisor
If the employee and the immediate supervisor are not able to reach
a mutually satisfactory resolution to the complaint, the employee
may proceed to discuss the matter with the nexthigher-level
supervisor within five (5) working days of the date of the decision
of the immediate supervisor. The nexthigherlevel supervisor
and the employee shall then follow the same procedure as required
in Step 1. Failure to comply with Step 2 in a timely manner shall
be deemed a waiver by the employee and the complaint may not be
raised again.
If the employee is satisfied with the decision reached by the
nexthigherlevel supervisor, no additional action is
required. If the employee is not satisfied, the employee may proceed
to Step 3. If no decision is communicated to the employee within
five (5) working days of the initial discussion between the employee
and the nexthigherlevel supervisor, the employee may
proceed directly to Step 3.
3. Written Grievance Statement
If the employee and the higherlevel supervisor are not able
to reach a mutually satisfactory resolution to the complaint,
the employee may file a written grievance statement with the Director
of Personnel on the designated form (see Attachment#1). The grievance
statement must be filed within five (5) working days of the date
of the decision of the higherlevel supervisor. Failure to
comply with Step 3 in a timely manner shall be deemed a waiver
by the grievant and the grievance may not be raised again. A copy
of the grievance statement, along with any supporting documentation,
shall be given to the immediate supervisor and the nexthigherlevel
supervisor. The Director of Personnel shall attempt to mediate
the grievance to an appropriate resolution. If a mediation attempt
should fail, the Director of Personnel will forward the statement,
supporting documentation and a recommended solution to the President.
Upon receipt of the written complaint/grievance, the President,
in consultation with the appropriate Vice President, shall within
ten (10) working days of the filing of the request, review all
pertinent information presented by the Personnel Department. The
President's decision shall be directed to the employee and copies
shall be provided to all parties involved.
Grievances, as defined, which cannot be resolved shall be referred
to a grievance committee where the grievant requests such review.
The grievant has the option of choosing committee review when
attempts to resolve the matter have failed or where it is apparent
that such an attempt would be futile. Within ten (10) working
days of receipt of a request for committee review, the President
of the institution shall appoint the grievance committee.
Grievances which are processed through the grievance committee
are appealable to the Chancellor only where they fall within the
parameters set out in TBR Policy No. 1:02:11:00. This generally
includes all grievances defined except those where the grievant
has filed a lawsuit or appeal with a state or federal administrative
body or court.
GRIEVANCE COMMITTEE
The grievance committee which is appointed by the President
shall include seven members selected under the following guidelines:
A. The chair and committee members will include individuals who
have no vested interest in the outcome.
B. At least one committee member will be a peer of the grievant.
C. Every effort will be made to include other-race individuals
and women in the composition of the committee.
D. The committee shall conduct an independent and thorough investigation.
In order to do so, it has the power to receive evidence from the
grievant and to gather evidence from all sources and all witnesses.
E. The procedure shall involve a fact finding by the committee
at which time the committee will hear each witness, including
the grievant, separately. The grievant will be allowed to present
any pertinent evidence to the committee and to have the committee
call those witnesses who have testimony pertinent to the decision.
F. The committee shall make a written report of its recommendation
and reasons to the President. The President may then adopt the
committee's recommendation, in whole or in part, or make his/her
decision independent of the committee's findings.
G. The grievant shall be provided a copy of the committee's report
along with the President's decision.
MAINTENANCE OF RECORDS
Copies of written complaints/grievances and accompanying responses
and documentation will be maintained in the Personnel Office for
three years.
REFERENCES
TBR Policy No. 1:02:11:00
TBR Policy No. 5:02:03:00 section III 16.d.
Supersedes "Grievance and Complaint Procedures" Policy
No. 5:12 in the UniversityWide Policy Manual
EMPLOYEE COMPLAINT/GRIEVANCE
(Print or Type)
1. Name___________________________________________________________________
2. Position____________________________________________________________________
3. Department_________________________________________________________________
4. Name of immediate supervisor_________________________________________________
5. Date complaint/grievance initially discussed with immediate
supervisor________________
6. Name of nexthigherlevel supervisor____________________________________________
7. Date complaint/grievance initially discussed with next higher
level supervisor__________
8. Explanation of complaint/grievance (include identification
of any institution policy violated)___________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
9. Corrective action desired______________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
_________________________________ _____________________________________
Date Employee's Signature