803 Formal Grievance Hearing
Within two weeks of receipt of notification from the Manager of Placement and Staff Relations (Central and Science) or the Senior Human Resources Representative (School of Medicine), the grievant, if he or she wishes to pursue the matter, must have submitted to the Associate Vice President for Administration a written request for a hearing before a three-member Panel of the standing Review Committee.
The Review Committee consists of no fewer than nine full-time employees from various schools and departments of the University. The employees are appointed by the President. The grievant and the respondent will each select one member of the Review Committee to serve on the Panel and these two members will select a third member from the Review Committee who will chair the Panel for the formal hearing. If the two members are unable to agree on the selection of the third, they will select by alternately "striking" a name from the Committee roster. The last remaining name will be the third member. It is understood that at any given time, because of illness, vacations, or other reasons, there may be fewer than nine members from which to choose. Members of the Panel are, by definition, intended to be impartial and are not "representatives" of the party selecting them.
Any member of the Review Committee may decline to serve on a particular Panel and should do so if he or she has prior involvement with the complaint. The grievant or the respondent will have the right to challenge for cause the member selected by the other party or the jointly-selected third member (for example, because of close personal contact with the respondent or grievant). The Associate Vice President for Administration will decide the disputed issues in case of challenge; the decision will not be subject to appeal.
The Associate Vice President for Administration or his or her designee will sit with the Panel during the hearing to provide information and advice regarding precedents and procedures.
To ensure a fair hearing, the procedures of the Review Committee allow the grievant and the respondent to present all relevant facts directly to the Panel, to present witnesses who can offer information about the grievance, and to attend the hearing when contrary evidence and opposing witnesses or parties are being heard.
The grievant and the respondent may each have as an adviser at the hearing a University employee of their choosing with the exception of staff members of the Department of Human Resources. While the individuals directly involved in the complaint are responsible for presenting their views of the issues raised in the complaint together with appropriate documentation, their respective advisors may offer suggestions and make additional statements. However, these proceedings, by their nature, are non-adversarial and the introduction of legalistic procedures is not permitted.
In all cases, the Panel must be guided in its decisions by stated University policy and practice and may not add to, subtract from, or otherwise modify any University policy or practice. Included among the University's policies is its commitment to equal opportunity regardless of race, color, sex, age, disability, national origin, religion, sexual orientation, or status as a Vietnam era veteran. To that end, the University is committed to compliance with the applicable federal statutes prohibiting those forms of discrimination.
The Panel's resolution will be made by a majority of the Panel members. The Associate Vice President for Administration, or his or her designee, will assist the Panel in ensuring that the resolution conforms to University policy and practices and will consult as appropriate with the University's General Counsel. If the resolution of the complaint is to include any award to the grievant (for example, back pay or reinstatement), the grievant may be required to execute an appropriate release as a condition of accepting the award.
The Associate Vice President for Administration will convey a written summary of the decision to the grievant and the respondent ordinarily within a month after the hearing has been adjourned.
The Panel's resolution shall be binding on the University.