802 Informal Review
Experience at Yale, as in most other institutions, has shown that employee complaints can often be resolved informally. Therefore, in an attempt to resolve a problem, an employee should first bring a complaint covered by this procedure directly to the attention of the person or persons whose actions are the subject of the complaint. The employee and the supervisor should also consult at this state with their Human Resources Generalist and, in cases in which improper discrimination is alleged, the employee should consult with the Director, Office for Equal Opportunity Programs.
If these efforts are not successful and the employee wishes to continue to pursue the matter, or if the employee has chosen not to discuss the matter with the person or persons directly involved, the employee shall submit a completed grievance form to their Human Resources Generalist. The form must be submitted within 25 working days of the date the employee learned of the action forming the basis of his or her complaint. In cases where notice is given to an employee about the action that will form the basis of the complaint, the time for filing a complaint runs from the date when the employee receives that notice. Copies of the grievance form and this procedure may be obtained from a Placement and Staff Relations Representative.
For purposes of filing within the 25 working-day limit, the Manager or Senior Human Resources Representative may accept a written statement in lieu of the grievance form if the written statement describes in detail the substance of the complaint and the facts upon which it is based and specifies the relief sought. However, if such a written statement is accepted, the employee must also complete a grievance form that will be given to him or her by the Placement and Staff Relations Representative.
After receiving the completed grievance form, the Manager of Placement and Staff Relations or the Senior Human Resources Representative will attempt to reconcile the issues raised by discussions with the grievant (the person who brings the complaint) and the respondent (the person against whom the complaint is lodged), to hear both sides of the dispute and to try to reach a resolution acceptable to both parties. If the grievant wishes, another person employed by the University may accompany him or her to the meeting(s) to provide support. The Human Resources administrator may also meet individually with the parties or undertake other consultations as appropriate.
Efforts at informal resolution are not to be regarded as adversarial or in the nature of a trial, and the introduction of legalistic procedures is not permitted.
The Human Resources administrator will notify the grievant and the respondent within two weeks after receipt of the grievance form either to outline the settlement reached or to indicate that no reconciliation appears feasible. This time limit and any subsequently cited are expected to be observed in order to ensure that the matters raised are addressed promptly; however, in some instances, additional time may be required for fact-finding because of the complexity of the case or the unavailability of parties or witnesses. Where a time limit is extended, the grievant and the respondent will be informed.
If no settlement has been reached, the Human Resources administrator will apprise the grievant of the availability of a hearing before a Panel of the Review Committee and will provide the grievant with a copy of the grievance policies and procedures and the procedures of the Review Committee covering additional details about the conduct of a hearing.