< PreviousExcluded from this grievance process are: a.issues related to wages, salary, or benefits matters involving reappointment, performance evaluation, reassignment of duties, or demotions or promotions, that do not concern a claimed failure by the university to follow established policy; b.alternative work arrangements or scheduling; c.classification of positions; d.separation of employment (whether voluntary or involuntary) except “ terminations for cause; ” e.retrenchment of employees pursuant to Board Policy 405.5; f.falsification of application materials; and/or g.personality disputes. [Note: There are other policies and procedures to address these issues.] “Grievant:” The Grievant is the person bringing a grievance or complaint. “Grievance Officer:” The Grievance Officer for Faculty shall be selected by Faculty Senate. The Grievance Officer for staff shall be selected by Staff Senate. “Respondent:” The Respondent is any person against whom a grievance is being brought. “Working Days:” “Working days," as it appears throughout this document, is defined to include the period from Monday through Friday of each week, excluding those days which are designated as holidays by the official College calendar or by action of the Chancellor. No Retaliation: College policy prohibits any form of retaliation against persons who initiates or participates in the grievance procedure. While such retaliation is prohibited, the filing of a grievance shall not prevent an employment action taken for bona-fide, non- retaliatory reasons that are independent of the filing of the grievance. Employees who have initiated a grievance are responsible to perform their job duties and comply with all university policies, and the filing of a grievance does not preclude these obligations. Determination of Grievable Matters: Where there is a question of whether a matter is grievable, the Department of Human Resources, in conjunction with the Faculty or Staff Grievance Officer, will determine whether or not an issue may proceed through the grievance process. If a matter is found to be non-grievable, Human Resources will work with the employee to pursue further informal discussions and or be advised of other possible avenues to try and resolve the issue. 14.2 Grievance Procedure INFORMAL RESOLUTION: The mutual interest of both the College and employees is best served when there is regular, forthright communication. Employees should bring to the attention of their immediate supervisor any work-related problems as soon as possible after they arise. An employee who believes a justifiable job-related complaint exists shall take steps to resolve the problem in a discussion with the immediate supervisor. The employee and the supervisor shall attempt to resolve the problem at this level. Should informal attempts at resolution not be satisfactory, and with the mutual agreement of the employee and the supervisor, the employee or the supervisor may seek the assistance of Human Resources in the use of mediation. Human Resources may be contacted for informal counseling if the employee believes he or she cannot approach the supervisor with the problem. The Director of Human Resources may meet with the employee, the supervisor, or both as may be appropriate, to assist in amicably resolving their differences. Human Resources will also provide advice on matters of policy interpretation, rights of employees and supervisors, and use of the formal grievance procedure. The employee may request the presence of the Faculty or Staff Grievance Officer during the informal counseling session. Records: The official records of the progress of a grievance and the established time limits are kept by Human Resources. Therefore, a dated copy of the grievance form must be provided to Human Resources each time a section has been completed (employee, supervisor, or department head). All records will be kept by Human Resources outside the personnel files of those involved. The records will be treated as confidential to the extent permitted by applicable federal and state laws and College policy. Time Limitations: The grievance procedure sets forth time limits for initiation of action on each step of the procedure. If a grievance is not forwarded by the employee within the time allowed in any step, the grievance will be considered discontinued, and no further review will take place. A written grievance which is not answered within the time allowed may be sent on to the next step within the allotted time frame by the employee. Human Resources may extend any time limit in the grievance process with the mutual agreement of the parties. FORMAL GRIEVANCE STEP I—Filing If the problem is not resolved to the satisfaction of the employee in the informal resolution stage, an employee may then file a formal grievance. The grievance must be in writing, signed by the employee, and submitted to: • The Vice Chancellor of Finance and Administration if it is a staff initiated grievance; or • The Provost if is a faculty initiated grievance. A copy of the grievance must also be submitted simultaneously to Human Resources, and within 5 working days (1) of the occurrence which gave rise to the grievance or (2) when the facts giving rise to the grievance became known or should have been known to the employee. The complaint should include: a summary of the events giving rise to the grievance, important dates, and the identities of key decision makers and witnesses; a summary of the steps, if any, that the Grievant has already taken to resolve the problem; an explanation as to why the matter is grievable under this policy, including a citation to any policies or supporting procedure that may have been violated; a description of the remedy or requested resolution that the Grievant believes is appropriate; and any correspondence, documents, recordings, or other evidence that may have a bearing on the matter. Employees that wish to share the information with the Faculty or Staff Grievance Officer must officially request that in the written document or grievance form. The Director of Human Resources may request the employee to restate the grievance for additional clarity if necessary, but such request shall not prejudice the employee in regard to the applicable time limit. STEP II –Procedures At the filing of the written grievance, the employee (Faculty or Staff) has the option to request the grievance (1) to be investigated by the Director of Human Resources or (2) request a hearing by the appropriate grievance committee A.HR Investigation. If the employee chooses an investigation by the Director of Human Resources, the Director will make a thorough and independent study of the grievance. Within 5 working days from receipt of the written grievance, the Director of Human Resources will schedule a meeting with the employee, the immediate supervisor, and any other individuals the Director of Human Resources determines will assist in the investigation and resolution of the problem. If possible, the problem will be resolved at this meeting. The meeting shall be held within 10 working days from receipt of the written grievance. The Director of Human Resources will conduct the grievance investigation within five working days. Upon its conclusion, the Director of HR will forward the findings to the employee and the employee’s department head, as well as forwarding a recommendation of solutions to the Vice Chancellor (in the case of staff) or Provost (in the case of faculty). Upon receipt of the recommendation, the Vice Chancellor/Provost may accept the recommendation of the Director of Human Resources or select an appropriate alternate resolution. The Vice Chancellor/Provost's decision shall be directed to the employee within five (5) working days from receipt of the Director’s recommendations. The Vice Chancellor/Provost’s decision shall be final and binding to all parties concerned. B.Investigation/Hearing by Grievance Committee. If the employee chooses to request an investigation and hearing by a grievance committee, the appropriate Senate President shall select a grievance committee as set forth in Section 14.3 of this policy. Within fifteen (10) working days of the filing of the request for ahearing on the grievance, the grievance committee shall conduct an impartial hearing on the grievance, at which time it will accept and review all pertinent information presented by the employee and the Chairperson of the committee as well as any other information it deems appropriate. All persons involved with the Committee will accountable to all confidentiality processes. 14.3. Employee Grievance Committees Faculty Grievance Committee The Faculty Grievance Committee is chartered to serve as the faculty representative in matters dealing with grievance issues of faculty members as laid out in policy and charter of the committee. The Faculty Grievance Committee will be elected from the Faculty body. This will be a nine member committee. The five-member ad hoc hearing panel is selected by the “Faculty Grievance Committee” from its membership, with selections then forwarded to Faculty Senate President and Director of Human Resources in order to seat the panel. The Director of Human Resources will officially notify the members of the faculty ad hoc hearing panel and will schedule a hearing as expeditiously as possible. In no case will this be more than 10 working days after the initial grievance is filed with the Provost. A.Seating the ad hoc hearing panel will take place in ten-working days of the grievance being filed with the Provost. i.The faculty ad hoc hearing panel is established to hear faculty grievance cases as they may arise. ii. The ad hoc panel will disband upon conclusion of the hearing. The ad hoc members of the panel must consist of: 1.The Director of Human Resources shall facilitate the hearing in a nonvoting capacity. 2.Chair of each ad hoc panel is selected by the membership of the panel. iii.No member of the ad hoc hearing panel shall be from the department of the employee filing the grievance. Selection of the Chair by the panel should avoid any conflicts of interest.iv.In the event of a vacancy, the faculty senate president shall appoint a new member to the Faculty Grievance Committee until a special election is held by the faculty. Staff Grievance Committee The Staff Grievance Committee is chartered to serve as the staff representative in matters dealing with grievance issues of staff members as laid out in policy and charter of the committee. The five-member ad hoc panel is selected by the Staff Grievance Committee to include staff designations. Selections are then forwarded to Staff Senate President and Director of Human Resources in order to seat the panel. The Director of Human Resources will officially notify the members of the staff ad hoc hearing panel and will schedule a hearing as expeditiously as possible. In no case will this be more than 15 working days after the initial grievance is filed with the Vice-Chancellor. B.Seating the ad hoc hearing panel will take place in 10 working days of the grievance being filed with the Vice-Chancellor. i.The staff ad hoc hearing panel is established to hear staff grievance cases as they may arise. The Director of Human Resources shall facilitate the grievance hearing, in a nonvoting capacity. The ad hoc panel chair is the designated Staff Grievance Officer. ii.The ad hoc panel will disband upon conclusion of the hearing. The ad hoc members of the panel must consist of: 1.The Director of Human Resources shall facilitate the hearing in a nonvoting capacity. 2.The Chair of each ad hoc panel is selected by membership of the panel. iii.No member of the ad hoc hearing panel shall be from the department of the employee filing the grievance. Selection of the chair by the panel should avoid any conflicts of interest. iv.In the event of a vacancy, the staff senate president shall appoint a new member to the Committee.Notice to Parties and Grievance Panel After the panel members have been selected, written notice of the time and date set for the hearing shall be emailed by the Director of Human Resources to the parties and to the members of the panel by the Chair no less than ten (10) working days before the scheduled date of the hearing. The Chair should facilitate meeting participation with the selected hearing panel members. If it is determined that there is a conflict of interest for the Chair on a specific grievance hearing, the Vice Chancellor for Finance and Administration (in the case of staff) or Provost (in the case of faculty) will facilitate the process. Panel Investigation/Hearing Procedures The staff or faculty grievance panel shall make a thorough and independent study. The procedure by the panel shall consist of fact finding. The panel shall be allowed to hear each witness, including the grievant, separately. The grievant shall be allowed to present any pertinent evidence to the panel and to have the panel call those witnesses who have testimony pertinent to the decision. The hearing will be closed and confidential written minutes of the proceedings will be made. Within three (3) working days after the hearing, the Chairperson of the panel shall prepare a written report of the panel's findings and recommendation to the Vice Chancellor of Finance (staff) or Provost (faculty), with copies to the Complainant and the Respondent. If either the Complainant or the Respondent is not satisfied with the Provost’s / Vice Chancellor of Finance’s decision, they may appeal to the Chancellor for review of the case based on one of the following reasons: 1. New material evidence discovered after the hearing, which was not known or was not otherwise discoverable with the exercise of reasonable diligence by the appealing party prior to the conclusion of the grievance hearing. Thewritten appeal shall describe the new evidence, explain its materiality to the outcome, and the appealing party shall certify that it was not known or discoverable with reasonable diligence by the appealing party prior to the conclusion of the grievance hearing; 2. The decision is contradictory to university policy; or 3. The hearing procedure did not substantially comply with the guidelines in this Policy, or it otherwise violated the principles of notice and opportunity to be heard as embodied in the concept of due process. . Upon the receipt of the recommendation, the Chancellor may accept the recommendation of the committee, in whole or part, or select an appropriate alternate resolution. Within five (5) working days, the Chancellor’s decision shall be directed to the Chairperson of the committee and all parties involved. The Chancellor’s decision shall be final and binding as to all parties concerned. 14.4 DISMISSAL GRIEVANCE PROCEEDINGS a.Pre-Dismissal Before a member of UA-PTC’s faculty or staff is dismissed for cause, the employee will be provided notice and an opportunity to be heard in the form of a meeting with the Vice Chancellor for Finance & Administration (in the case of non-academic employees) or Provost (in the case of academic employees). The employee’s immediate supervisor and the HR Director may also attend the meeting. During the meeting, the employee will be informed of the basis for the decision and allowed an opportunity to respond to the decision. Following the meeting, if the Provost or Vice Chancellor determines it necessary, a further review of the decision may be conducted. Upon conclusion of the review, the employee will be notified in writing of the Vice Chancellor’s or Provost’s decision. b.Post-Dismissal After the termination for cause, the employee may appeal the dismissal decision. The post-termination appeal should be submitted within five working days of the dismissal and will go directly to the Chancellor for a decision. The Chancellor shall, within five days of receiving the grievance, appoint a Grievance Officer to gather documents, meet with the parties and any witnesses to receive statements, and make a report and recommendation to the Chancellor. Attorneys or other support persons are authorized to attend any meetings between the employee/client and Grievance Officer to provide support, and to submit any proposed questions or lines of inquiry to the Officer. However, attorneys and other support persons may not otherwise actively participate in the appeal proceedings. The Chancellor also has discretion to interview relevant persons or conduct any investigation into the matter that she or he determines would be appropriate under the circumstances. The Chancellor’s decision will be made within thirty days of receiving the grievance. The Chancellor’s decision is final. In the event the Chancellor is the Grievant’s direct supervisor, the appeal of dismissal will go directly to the UA System President. The President or the President’s designee will render a decision on the dismissal within 10 working days, which decision will be final. * Updated/Approved by College Council October 29, 2021Possession and use of alcoholic beverages in public areas of college facilities and at official UA- PTC student functions held on campus must follow state and federal laws Approved by Staff Senate: January 14, 2019 15 Workplace Health and Safety 15.1 Accidents and Injuries on the Job Workers' Compensation benefits are provided for all college employees who are injured during the course and scope of their employment. See Worker’s Compensation. If you suffer an on-the-job injury or illness, you must take the following steps: 1.Immediately report the injury or illness to your supervisor. 2.In the event of an emergency, seek medical treatment first, and then report the injury as soon as possible. 3.Assist the supervisor in filling out the Incident/Accident Report. 4.Contact the Company Nurse at 855-339-1893; Search Code: QR110. If your injury makes it necessary to miss work, you must present a release to your im mediate supervisor signed by a physician verifying your ability to return to work. UA-PTC reserves the right to require light duty, if available in your area, or not to allow you to return to work until a full medical release is provided. 15.2 Alcohol & Drug Free Workplace UA-PTC has implemented a drug and alcohol policy designed to comply with the Drug-Free Schools and Communities Act Amendment of 1989 and the Drug Free Workplace Act of 1988. UA-PTC is committed to maintaining a drug and alcohol free environment for employees and students. Further, UA-PTC complies with the Board of Trustees of the University of Arkansas Policy 705.2, Use of Alcoholic Beverages on University Facilities found at https://www.uasys.edu/wp- content/uploads/sites/16/2018/04/705.2-Use-of-Alcoholic-Beverages-Univ.Facilities.pdf. Next >