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Complaint and Grievance Process
Fast and Impartial Resolution
(FAIR) Complaint and Grievance Process
The University offers a Complaint and Grievance policy and
a process for pursuing either or both via the FAIR process (Fast
and Impartial Resolution). This process provides
a method for the fair and equitable resolution of complaints, misunderstandings,
and grievances for University employees.
Employees may have concerns about work situations which they consider
to be unfair or they may feel University policies and procedures
are being inequitably applied to them. Ideally employees are able
to discuss and resolve these concerns with their supervisors. However,
if concerns remain unresolved, employees are encouraged to utilize
FAIR as a formal approach to problem resolution. By working cooperatively
to resolve issues as they arise, employees and other involved parties
can improve and enhance the work environment within the University
community.
What are the options under FAIR?
There are two components to FAIR:
- The COMPLAINT Process provides the opportunity for employees
to have work-related problems heard and considered in a non-adversarial
manner; and
- The GRIEVANCE PROCESS provides the opportunity for employees
to resolve alleged violations of University, University System,
and/or Board of Trustees policies.
These are two distinct but related processes established for the
purpose of resolving work-related problems and/or misunderstandings.
Eligible faculty and staff may use either procedure solely and separately,
or may use the complaint procedure as the first step of the grievance
procedure. FAIR is designed to assist faculty and staff in resolving
problems to the mutual satisfaction of all involved in a neutral
environment.
Are there advantages to first filing
a Complaint instead of a Grievance
A Complaint may be filed instead of, or as the first phase of,
the Grievance Process. The Complaint process:
- may serve as a less formal process than the grievance procedure
for resolving work-related problems
- offers facilitation as the primary problem resolution
process….talking the issue out with the assistance of a third-party
facilitator
- is fast -- it allows parties to resolve issues quickly
- has an expectation of confidentiality insofar that it is reasonable
within legal requirements and organizational responsibilities.
Complaint information shall be kept in a confidential file in
Human Resources (HR), and it will be accessible only to those
individuals engaged in the complaint process and appropriate administrators
with an official need to know.
- provides equal opportunity for involved parties to share concerns
and issues
- allows parties to create their own problem resolution
- may be brought forward at any time. However, in order for the
complaint to continue into the grievance procedure, the complaint
must be filed within the 10-day time line as defined under "Complaint
process" below.
How does the Complaint process
work?
- An eligible faculty or staff member may register a complaint
by notifying their HR Partner of the complaint and indicating
a desire to pursue a solution. If the employee wishes this complaint
to meet the deadline for filing a grievance, the FAIR notice form
must be completed and submitted to HR by 4:30 p.m. of the tenth
calendar day from the day on which the employee became aware of
the action which caused the complaint or the alleged policy violation
and within one year of its occurrence. FAIR notice forms are available
at: www.unh.edu/hr/pubs-frm.htm#other
- After considering the nature of the complaint, the HR Partner
will initiate discussion with the goal of resolution of the issue.
Options to pursue resolution will include, but not be limited
to, discussions with the supervisor, informal investigation of
facts, and/or use of a third party to help facilitate between
the complainant and the decision-maker (respondent).
- If the option selected does not result in a satisfactory resolution
of the complaint, the HR Partner may, as appropriate, require
any of the following: a report from the investigator of the facts
of the case; a report from the facilitator about the potential
solutions; a report from the supervisor about the reasons that
no resolution or settlement was reached. Human Resources will
establish the appropriate time frame on any report or follow up
on reports required.
- If the complaint also qualifies as a grievance, a faculty or
staff member may file a written grievance within the 10-day deadline
described above. Human Resources will determine the point at which
the complaint process has ended. If the complaint continues as
a grievance, the grievance will continue at Step I or II as appropriate
(see below).
Under what circumstances would
I file a Grievance?
A grievance is a written statement alleging a violation of UNH,
University System, or Board of Trustees policy. The grievance process
is available to employees as a mechanism to resolve alleged violations.
The grievance procedure shall not be used to review the substantive
merits of an administrative judgment, performance evaluation, or
other discretionary act or decision, except as may be necessary
when a violation of a non-discrimination policy is alleged.
Status faculty and staff members are eligible to file a grievance,
with the exception of faculty covered under the collective bargaining
agreement and principal administrators. Staff members in the initial
introductory period of employment are excluded from using the grievance
procedure to appeal termination for the inability to meet requirements
of the position.
What is the process for filing a Grievance
and what is the time line?
The grievant completes a FAIR
form, which includes a written statement of the grievance, and
submits it to the UNH Office of Human Resources. The statement will
include the specific policy or policies alleged to be violated and
a brief statement of the alleged violation and the resolution desired.
The deadline for filing a grievance with Human Resources shall
be ten (10) calendar days from the day on which the aggrieved employee
becomes aware of the action that is alleged to violate policy and
within one year of its occurrence.
The filing of a grievance shall not affect the rights of an employee
to seek any remedy which may be available in an external forum and
does not postpone any deadlines for pursuing remedies in an external
forum.
Steps to the FAIR Process
Step I:
- Employees should first meet with their supervisor or the individual
with whom they have a complaint or grievance and try to resolve
the issue informally. If the issue remains unresolved, or if the
employee believes it is inappropriate to address the complaint
informally, he or she should contact their Human
Resources Partner.
- Human Resources will consider the nature of the issue and provide
information and guidance on FAIR options. The University encourages
the use of the facilitation option to resolve issues. The facilitation
meeting brings together the people involved in the complaint in
a neutral environment and seeks a mutually agreed upon resolution.
Other options include, but are not limited to, discussion with
supervisor and investigation of the facts.
- Human Resources will seek to implement the option selected by
the employee within five (5) calendar days of receiving the completed
FAIR Notice Form submitted to HR within the established 10-day
time frame. Completion of the form helps to define the issue or
issues of concern to the employee and prompts communication between
those involved with the complaint or grievance.
- Human Resources will act as a resource to all parties involved.
This assistance may include providing conflict resolution services,
information gathering, documentation collection, copying, release
time for witnesses, or other assistance deemed appropriate.
- All meetings, as part of this procedure, shall be non-adversarial,
and all parties will extend serious consideration to the views
of all involved in an attempt to reach a mutually acceptable resolution.
Resolution will be in written form, non-precedent setting as confidential
as appropriate to the circumstances as determined by the University.
- If the issue remains unresolved at the end of Step I, it may
proceed to Step II if HR determines that the issue is grievable
and the employee decides to continue the process. HR will notify
the employee of the option to proceed to Step II and the time
requirements to do so.
Step II:
- The Step II process is available to employees who are grieving
termination, continuing their grievance from Step I, or grieving
through the harassment policy. The employee may continue the grievance
with written notification to Human Resources which must be received
by 4:30 p.m. of the fifth (5th) calendar day after the end of
Step I.
- The Step II grievance shall be heard by a Peer Review Panel
unless the employee requests the President or President's designee
to hear the grievance. If the President agrees to the request,
he or she will notify the employee. In this instance, the employee
will present the grievance directly to the President or designee
who will in turn determine the hearing procedures, time limits
and overall format.
- Hearing by Peer Review Panel. The Step II hearing will be scheduled
within ten (10) calendar days from receipt of notice of intent
to continue the grievance unless there are unavoidable delays
approved by HR or agreed to by mutual consent of the grievant
and the University.
A grievant may bring an advocate to any meeting or hearing regarding
the grievance. The advocate may act in an advisory capacity to the
grievant, or at the grievant's request, may speak on his or her
behalf. The third party must be a status USNH employee and shall
not be an attorney.
- The Peer Review Panel:
- consists
of three University status employees, one of whom may be the
same occupational type as the grievant, and one may be the same
occupational type as the respondent. Each party to the grievance
may waive the occupational type option for him/herself. The
Panel will be chosen from a list of employees appointed by the
President and administered by Human Resources.
- determines
whether or not a policy violation occurred
- will
within five calendar days of hearing the grievance, make a recommendation
to the President
- The President, after receiving the recommendation of the Peer
Review Panel (or designee) shall make a decision on the employee
grievance. The President may accept or reject the recommendation
in whole or in part or request additional information. Normally
within five (5) calendar days of the President receiving the recommendation
or hearing the grievance, the President will make a decision and
notify the grievant and other parties involved of the decision.
- Chancellor's Petition. After the employee has been notified
of the President's decision, an employee who remains aggrieved
shall be entitled to petition the USNH Chancellor for further
review of the grievance. The written petition must be received
by the Chancellor's Office no later than ten (10) calendar days
after the day on which the University President renders the Step
II decision. The employee's petition shall state clearly the grounds
on which the Chancellor's review is sought. The Chancellor or
his or her designee shall review the petition and determine whether
further review is warranted. If the Chancellor or his or her designee
determines further review is not warranted, the employee shall
be so notified, and the President's decision shall be final. Otherwise,
the Chancellor or his or her designee shall review the record
of the grievance and make further inquiry as may be deemed necessary
or appropriate. The Chancellor or his or her designee shall then
decide the grievance and notify the grievant and the President.
Any such decision shall be final.
- An employee who is grieving a termination may be placed on leave
of absence without pay during the time involved in processing
the grievance if necessary time exceeds notice period. Under such
circumstances, USNH shall continue its benefits contributions
for up to ninety (90) days for a member of the Operating Staff
and for up to one hundred and twenty (120) days for an exempt
employee (PAT, Extension Educator, Academic Administrator, eligible
faculty). If the 90 days or 120 days expire while a Chancellor
level review is still under way, the USNH Benefit contributions
for the grievant shall continue until the Chancellor's decision
is made.
Where can I find UNH and USNH policies
relative to the Complaint and Grievance Process?
For additional information, visit:
UNH policy: http://usnholpm.unh.edu/UNH/V.Pers/Default.html#D
USNH policy: http://usnholpm.unh.edu/USY/V.Pers/D.12.htm
or contact Human Resources at 862-0501(voice)
or 862-3227 (TTY).
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