Chapter 3 - Staff
Publication Date: August 17, 2016
Responsible Executive: VP for Business Affairs
3.04 Grievances of Non-Faculty Employees
I. POLICY STATEMENT
It is the policy of The University of Texas at San Antonio (UTSA) 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.
This policy establishes procedures for all non-faculty 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.
This policy covers all non-faculty employees.
Non-faculty employees who allege they have been terminated due to unlawful discrimination will process their grievance through the Office of Equal Opportunity Services in accordance with the UTSA Handbook of Operating Procedures (HOP) policy 9.01 Nondiscrimination.
IV. WEBSITE ADDRESS FOR THIS POLICY
V. RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS
UTSA or UT System Policies or the Board of Regents Rules & Regulations
- UTSA HOP 9.01 Nondiscrimination
- Board of Regents’ Rules & Regulations Rule 30602: Employee Grievance
Other Policies & Standards
Grievance: A compliant arising from the employment relationship brought to management’s attention for consideration and resolution.
Non-Faculty Employee includes:
- Probationary: a classified employee who is within the initial six (6) months of employment at UTSA
- Temporary: an employee whose appointment is for a specific period of time
- Hourly: an employee appointed and paid on an hourly basis
- Per Diem: an employee who works on an "as needed" basis
- Employee: Presents grievance in accordance with this policy and its procedures. The employee should clearly identify their complaint as a grievance, provide a concise statement that explains the specific complaint and include the remedy the employee is requesting.
- Supervisor, department head, appropriate vice provost, or vice president (or the administrative equivalents for these administrators): Reponds to employee grievances in accordance with this policy and its procedures.
- Procedure for Bringing a Grievance
- The employee shall informally present the complaint to his or her supervisor within five (5) working days from the date of the action which is the subject of the complaint. If the supervisor is the subject of the complaint, the employee may address the complaint to the appropriate department head or administrative equivalent.
- If the supervisor does not satisfactorily resolve the complaint within five (5) working days of receipt of the complaint, the employee may present the complaint in writing within five (5) working days from the date of the supervisor’s response to the appropriate department head or administrative equivalent for consideration and action. The written complaint should be clearly identified as a grievance, contain a concise statement that explains the specific complaint, and contain the employee’s recommendation for attaining a sufficient remedy of the complaint. A written decision will be mailed to the employee within five (5) working days of receipt of the complaint.
- If the employee is not satisfied with the decision of the department head or administrative equivalent, a written appeal stating why the decision is incorrect may be made to the appropriate dean, director or administrative equivalent within five (5) working days of the date of the decision. A written decision shall be delivered to the employee within ten (10) working days of the date of the appeal.
- 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 appealed decision. The appeal shall state why the appealed decision is not correct. Within a reasonable time, not to exceed thirty (30) calendar days following receipt of the appeal, a written decision shall be delivered to the employee. This decision is final.
- The written complaint and all decisions or responses regarding the complaint shall be part of the employee’s personnel file.
X. SPECIAL INSTRUCTIONS FOR INITIAL IMPLEMENTATION
XI. FORMS AND TOOLS/ONLINE PROCESSES