Ohio Administrative Code › Title 3339 - Miami University › Chapter 3339-13 - Unclassified Administrative Staff › Section 3339-13-06 - Grievance procedures available to members of the administrative staff

Current through all regulations passed and filed through July 1, 2024
A grievance is an unresolved issue
				concerning the interpretation and/or application of a university policy,
				practice, or procedure. The purpose of this grievance procedure is to enable
				members of the unclassified administrative staff to attempt to resolve
				differences and, where appropriate, obtain redress in matters directly
				affecting their employment with the university.
A grievance must be in writing and must
				describe the decision or action the grievant believes to be erroneous; specify
				the policy, practice and/or procedure violated; and state what the grievant
				believes to be an appropriate resolution.
A grievance may not be initiated where
				the subject is: an action or decision exclusively affecting someone other than
				the grievant; or a decision or action to which the grievant has already been
				afforded the right to a hearing, whether or not such right was exercised (e.g.,
				discipline); or a matter of performance evaluation or improvement or merit
				salary increase; or an alleged violation of Miami's policy prohibiting
				harassment or discrimination
If the department head is the
				respondent, the submission of the grievance shall begin with paragraph (B) of
				this rule. If the vice president is the respondent, the submission of grievance
				shall begin with paragraph (C) of this rule and the committee's recommendation
				will be made to the president.
(A)
								Initiating the
			 grievance
Any member of the unclassified
				administrative staff who has a grievance should provide a written statement of
				the grievance to the person who made the decision or took the action that forms
				the basis for the grievance. The grievance must be submitted at the earliest
				possible time and no later than fourteen calendar days from the date of the
				decision or action that forms the basis for the grievance. The respondent(s)
				will consider the matter and respond in writing to the staff member within
				seven calendar days.
(B)
								Advancing the
			 grievance
If the respondent's response is not
				acceptable, the grievant(s) may advance the grievance to the respondent's
				department head within seven calendar days from the date of the initial
				response. The grievance must be submitted to the respondent's department head
				who shall respond in writing to the grievance within fourteen calendar
				days.
(C)
								Grievance hearing
If the department head's response is
				not acceptable, the grievant may file a written appeal within seven calendar
				days. This written appeal shall be filed with the appropriate vice president or
				with the president if the grievant is in a unit that reports to the
				president.
A hearing committee will be convened
				within fourteen calendar days. The hearing committee will consist of three
				administrative staff members who have not rendered a decision in the grievance.
				A list of fifteen administrative staff members will be provided by the
				appropriate personnel office to each side. Each side may strike up to three
				names from the list. The appropriate personnel office will appoint the hearing
				committee and designate one of the committee to serve as chair.
The hearing committee will determine
				the order of proceedings and other matters pertinent to the conduct of the
				hearing. Each side will have the right to call a reasonable number of witnesses
				in support of their position. Witnesses will ordinarily be present only when
				their testimony is being given. Each party may bring an adviser to the
				proceedings. However, the presence of and representation by legal counsel is
				not permitted. Each side will have the right to question the other and inquire
				into any testimony given at the hearing. Formal rules of evidence will not be
				followed; the committee may receive any evidence that it believes to be
				helpful. The entire hearing may be recorded.
Within seven calendar days after the
				close of the hearing in the matter, the hearing committee will submit its
				recommendation in writing to the appropriate vice president or as applicable,
				to the president with copies to the parties. The vice president or president
				will issue a final decision in writing to the parties within fourteen calendar
				days after receipt of the recommendation.
(D)
								Miscellaneous
(1)
									Time deadlines may be extended by mutual agreement of
			 the parties or by the applicable vice president or president.
(2)
									It is a violation
			 of university policy to retaliate against any individual who files or
			 participates in the grievance process. If retaliation occurs, disciplinary
			 action may be taken, up to and including dismissal.
(3)
									References to a
			 particular officeholder are to be read as including another serving in an
			 "acting or interim" capacity and any other individual designated by the
			 officeholder to serve in his or her stead.
Replaces: 3339-13-06