Human Resources Manual
| Policy No.: | 5-12 | This policy applies to: | |
| Policy Name: | Staff Grievance Procedure |  |
Non-exempt staff |
| Effective Date: | 08/01/04 | |
Exempt staff |
| Revised: | 12/13/04 | Faculty | |
Policy
Because Loyola University New Orleans encourages employees to resolve any employment-related problems as soon as possible at the lowest possible administrative level, this procedure is provided as a means for an employee to request that the University formally review a decision of termination. (Other employee grievances are handled by the Dispute Reconciliation Policy.)
Terminations related to reductions in force are not subject to the University’s grievance procedure.
Procedure
An employee who has been terminated from his/her position at the University may file a formal grievance no later than five (5) working days beginning the day after the termination occurred. The formal grievance should include a letter outlining the request for a grievance review with supportive documentation and all correspondence pertinent to the review to be delivered to the Director of Human Resources.
The Director of Human Resources will appoint a three-member Review Panel (plus one alternate) with the Director of Human Resources as non-voting Chairperson. Members of the Review Panel may be from any division of the University other than members of the division (or college in the case of Academic Affairs) from which the complainant worked. All Review Panel members must be full-time exempt or non-exempt employees. Should an employee file grievance against the Director of Human Resources, the Associate Vice President for Business & Finance will appoint the members of the Review Panel and serve as non-voting Chairperson. The Review Panel will be appointed within ten (10) working days of receipt of grievance.
Once the panel has been appointed, the supervisor against whom the grievance is filed will have five (5) working days to complete a response and include all pertinent documentation. This response will be sent to the Director of Human Resources.
The Human Resources Director will schedule a Review Hearing within 10 working days of receipt of supervisor’s response. The Review Panel will receive copies of the letter of grievance from the complainant, a letter of response from the supervisor and all supporting documentation and correspondence from both parties at least five (5) working days prior to the Review Hearing. The Human Resources Director will also give written notice of the time and place of the Review to the complainant and the responding supervisor. If for any reason, either the complainant and/or respondent cannot attend, the Formal Review will take place as scheduled. The respondent’s supervisor may attend the Formal Review.
The Review Panel will determine the necessity for or appropriateness of a spokesperson and or witnesses, if requested by the complainant. If allowed, the spokesperson must be a full-time staff employee of Loyola University New Orleans. The advisor or spokesperson cannot act as an attorney or legal advocate. If the complainant chooses a spokesperson to speak on his/her behalf, the complainant may not speak during the Hearing. The University will not have legal representation at the Review Panel Hearing
The Chairperson of the Review Panel will conduct the meeting, and will prepare a written summary of the Review and decision of the Review Panel. The written summary/decision will be sent to the Vice President of Business and Finance within two working days after the Review meeting.
Notification of Outcome of Formal Review
The Vice President of Business and Finance will prepare and send to the Director of Human Resources a written finding within three (3) working days after receiving the Review Panel’s summary. The Director of Human Resources will distribute the written finding to the complainant, respondent, and the respondent’s supervisor.
Appeal of Formal Review
The complainant or respondent may appeal the written finding to the President no later than (5) working days beginning the day after the date of the finding. The President’s decision is final and that decision will be sent to the complainant, respondent and respondent’s supervisor, division’s vice president, Director of Human Resources and Vice President for Business and Finance.
The appeal is the final grievance step within the University.
General Policies Concerning Grievances
Any decision made as a result of a formal grievance review will apply only to the individual who submitted the request for review and will not necessarily serve as a precedent for establishing or changing any University policy or procedure.
Employees are expected to exhaust the remedies available to them through the Dispute Reconciliation Process and/or University Grievance Procedure prior to instituting any proceedings regarding the subject matter of the grievance in any state or federal court or agency. If, prior to or subsequent to commencing a complaint under the Dispute Reconciliation Process or the Grievance Procedure, a complainant files a related claim with a state or federal court or agency, the University reserves the right to discontinue the reconciliation process or grievance proceedings.
All parties are expected to comply with, and will be bound by, the time limits specified.
A written record of the Formal Review will be maintained in a confidential file in Human Resources. Information concerning the Formal Review, the person filing the grievance, or any person named in the allegation(s) is confidential and will be communicated on a need-to-know basis only.
