Where a proposed dismissal, demotion, or suspension is based upon two unsatisfactory performance evaluations, the employee may appeal either the second evaluation or the proposed action, but may not appeal both the evaluation and the proposed disciplinary action within the University. C. Claims Of Unfair Treatment Or Discrimination - in matters involving a classified employee's complaint of unfair treatment or discrimination, the Committee reviews the relevant facts in the matter and makes a recommendation to the President of the University. After reviewing the Committee's recommendation, the President makes the final determination concerning the action to be taken in the matter. When a complaint of unfair treatment or discrimination is based on race, gender, national origin, ancestry, color, age, religion, or disability, the Committee will review the relevant facts after the Office of Affirmative Action has reviewed and made a decision in the matter. Membership includes employees of different employment categories, of different ethnicities, of both genders, and employees who are disabled.
Appointments are for three consecutive years with seven members being replaced each year.
One member is named by the Vice President on an annual basis to chair the Committee. Five members hear a given appeal, although a quorum shall be four members. The chair of the Committee selects a Panel of five members, plus one alternate member, to hear a particular appeal and designates one member of the hearing Panel to serve as the Panel chair. When a complaint alleges discrimination based on race or disability, where practicable, a minority or disabled employee will serve on the hearing Panel. The employee and responding department have the right at the beginning of the hearing to challenge the participation of any Panel member due to a conflict of interest by informing the Director of Employee Relations or his or her designee.