The university is committed to fair and equitable treatment for all employees.  This policy and procedures provide a means of grievance and/or appeal for those EPA professional employees (including SAAO I and SAAO II), who are not subject to the faculty grievance procedures, to secure a good faith review and attempted resolution of decisions concerning dismissal, other disciplinary action that affects compensation, and/or matters specifically enumerated in section II.A. below.

Scope

These procedures are intended to be used for the review and attempted resolution of the following:

1. Grievances alleging unlawful discrimination  (i.e. race, religion, sex, age, disability, national origin) when an adverse employment action is taken.  The specific protected classes are covered in the University’s non-discrimination statement.
2. Grievances alleging violations of the First Amendment of the U.S. Constitution in matters resulting in serious sanctions, except to the extent of limitations on political activity established by Article 5 of the N.C.G.S. Chapter 126 and by the Board of Governors’ policy in this regard and as it may be revised from time to time.
3. Grievances to review decisions concerning intent to discharge for cause (includes incompetence, unsatisfactory performance, neglect of duty or misconduct that interferes with the capacity of the employee to perform effectively the requirements of the job).
4. Grievances regarding the interpretation and application of any provision of the university’s employment policies for EPA non-faculty employees.
5. Grievances to seek the removal of alleged inaccurate or misleading material contained in the employee’s personnel file. An employee also has the right to place a statement in his or her personnel file relating to the material considered to be inaccurate or misleading.

Grievances concerning discontinuations or terminations of employment with notice, pursuant to UNC Policy 300.2.1, Sections III.A., III.B., or III.C., may be brought only upon allegations of violations of applicable notice requirements or sections 1 and 2 above.

The university encourages informal means of resolution prior to the use of these procedures.   Employees and supervisors, as well as individuals in the administrative line such as department chairs, deans, etc., are encouraged to discuss matters fully and freely and attempt resolution.  Such discussions are considered confidential.   Further, the university encourages formal mediation, if desired by both sides to a grievance. Requests for mediation should be directed to the Employee Relations Director in the Office of Human Resources.

An employee using this procedure shall file his or her grievance within ten (10) business days of the receipt or notice of the decision that forms the basis of the grievance.   The use of an informal appeal as noted above or any other form of resolution does not automatically suspend this time limit.   Within the ten (10) business days, the grievant may request, in writing, an extension of the applicable time limit for initiating the grievance procedure in order to facilitate an informal resolution of the grievance.  Notwithstanding the foregoing, the failure to file a timely grievance or the failure to request an extension of time shall constitute a waiver of the employee’s right to use these procedures.

To file a grievance under these procedures, an employee must provide a signed and dated written statement to the Director of Human Resources within the noted time limit in Section III. B. This statement must include information concerning any informal attempts made to resolve the matter, the exact nature of the grievance, the identity of the party against whom the grievance is filed, and the desired outcome being sought by the employee.

Upon receipt of a timely grievance, the Director of Human Resources shall review the grievance statement to determine whether it alleges a grievable matter. If the matter is grievable, the director shall appoint a three person panel of peers to hear and review the matter.  Panel members would pledge to consider the grievance with fairness and impartiality.  Panel members are authorized by the university to interview all parties deemed necessary in the review of the grievance.  All proceedings of the panel are considered confidential. A grievance panel has no power to reverse an administrative decision; it can only recommend a reassessment of that decision if it finds that the decision was reached improperly. If the grievance statement does not constitute permissible grounds as specified in Section II. above, the director shall inform the employee that the matter is not subject to the grievance procedure.

All attempts should be made by the panel to hear the grievance within thirty (30) calendar days. The hearing shall be taped or transcribed. The parties will be allowed to give opening statements, to testify, to provide witness(es) testimony, cross examine witnesses, present documentary evidence, and give closing statements. The strict rules of legal evidence do not apply. The panel may accept hearsay evidence. The panel has full control of the hearing and may state who is allowed to testify, and may avoid hearing redundant, irrelevant, and repetitive evidence.

No attorney is allowed to be present at the hearing. the grievant is allowed to have one third party observer present. If the grievant has an observer, the respondent may also have an observer present. The grievant must notify the Director of Human Resources within seven (7) business days prior to the hearing whether he or she intends to bring an observer. No observer may actively participate in the hearing.

Upon the conclusion of the grievance hearing, the panel shall deliberate and decide whether to sustain all or any part of the grievance. The panel shall only consider evidence (written and/or oral) presented at the hearing. A report of findings and any recommendations should be provided to the Director of Human Resources within thirty (30) calendar days from the conclusion of the hearing.  In the event these target times cannot be met, the panel should report progress and the reason(s) for any delay to the director. 

The Director of Human Resources is responsible for forwarding the findings and potential resolution to the respective parties.

If the unit leader(s) agree(s) with the panel findings and recommendations, they will contact the Director of Human Resources as soon as possible.  The director, in turn will communicate with the respective parties and facilitate the implementation of the resolution, if any.  At this point, the university has completed its obligation to the grievant.

If the unit leader(s) disagree(s) with the panel findings and recommendations, he or she (they) will contact the Director of Human Resources as soon as possible.  The director, in turn, shall forward the complete grievance file, along with transcript of the hearing and the documentary evidence, the findings and recommendations to the chancellor for review.  The chancellor may choose to adopt, amend, or dismiss the recommendations.  The chancellor’s decision will be the final university decision in the matter, and the university will have completed its obligation to the grievant. The chancellor’s written decision should be made within thirty (30) calendar days of receiving the grievance file.

At the conclusion of the grievance, all materials reviewed by the panel in preparing the report and any related documents shall be transferred to Human Resources for retention.

The grievant has appeal rights in accordance with the Code of the Board of Governors, Section 609C, as amended from time to time.