Handbook of Operating Procedures > Series 400 Budget, Finance and Operations > 4.19.1 Grievance Policy and Procedures

4.19.1 Grievance Policy and Procedures

A. Purpose

It is the policy of The University of Texas at Tyler,  and the Health Science Center, including off-campus instructional sites (the “University) to encourage fair, efficient and equitable solutions for problems arising out of the employment relationship and to meet the applicable requirements of state and federal law.  No employee will be penalized or disciplined for pursuing a grievance or for aiding another employee in the presentation of a grievance, provided such action is taken in good faith.  

Retaliation is prohibited and the Texas Government Code Section 554.002 states that “a state or local governmental entity may not suspend or terminate the employment of, or take other adverse personnel action against, a public employee who in good faith reports a violation of law by the employing governmental entity or another public employee to an appropriate law enforcement authority.”  No employee will be penalized, disciplined or prejudiced for exercising the right to make a complaint or for aiding another employee in the presentation of that complaint.

B. Persons Affected

This policy covers all employees, including probationary, temporary, hourly and per diem employees. This policy does not include faculty or teaching staff who are subject to another grievance policy or the commissioned or uniformed employees of the University Police Department. 

Employees who allege they have been terminated due to unlawful discrimination will process their grievance in accordance with the UT Tyler Handbook of Operating Procedures (HOP) policy 2.4.1, Nondiscrimination Policy and Complaint Procedure.

C. Definitions

Grievance – a complaint arising from the employment relationship brought to management’s attention for consideration and resolution.

D. Policy and Procedures

This policy establishes procedures for all affected employees, with the exception of students, to bring complaints concerning wages, hours of work, working conditions, performance evaluations, merit raises, job assignments, reprimands, or interpretation of a rule, regulation, or policy to the attention of management.

An employee’s grievance shall consist of three elements. A complaint must be clearly identified as a grievance. Grievances shall contain a clear and concise statement which explains the specific complaint. Grievances shall also contain the employee’s recommendation for attaining a sufficient remedy of the complaint.

PROCEDURE

The following are the steps to be followed in filing a grievance. In unusual situations where grievances cross-departmental boundaries, the grievance process and investigation should be coordinated with all parties.

1. Step One: The employee shall informally present the complaint to his or her supervisor for discussion, consideration, and resolution within five (5) working days from the date of the action that is subject of the complaint. If the supervisor is the subject of the complaint, the employee may waive step one and address the complaint to the appropriate department leader.
2. Step Two: If the complaint is not satisfactorily resolved by the supervisor or administrative equivalent within five (5) working days, the employee may present the complaint in writing within five (5) working days to the appropriate department head or administrative equivalent for consideration and action. A written decision will be mailed to the employee within five (5) working days of receipt of the complaint.
3. Step Three: If the employee is not satisfied with the decision of the department leader, a letter stating why the Step Two decision is incorrect may be made to the appropriate dean, director, or administrative equivalent within five (5) working days of the Step Two decision. Within ten (10) working days of the date of receipt, a written decision shall be mailed to the employee.
4. Step Four: Complaints not satisfactorily resolved by the dean, director, or administrative equivalent may be appealed in writing to the appropriate vice president or administrative equivalent for the employee’s department within five (5) working days of the date of the Step Three decision. The letter shall state why the Step Three decision is not correct. Within a reasonable time, not to exceed thirty (30) calendar days following receipt of the complaint, a written decision shall be sent to the employee. This decision is final.

The written complaint and all decisions or responses regarding such complaint shall be a part of the personnel file of the employee.

E. Review

This policy shall be reviewed by the Office of Human Resources every five years or as legislation changes.