(MUPIM 13.6/OAC 3339-13-06)
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 (UAS) 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 Section 13.6.B. If the vice president is the Respondent, the submission of grievance shall begin with Section 13.6.C, and the recommendation of the Committee will be made to the President.
Initiating the Grievance (MUPIM 13.6.A)
Any member of the UAS 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 (14) 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 (7) calendar days.
Advancing the Grievance (MUPIM 13.6.B)
If the Respondent’s response is not acceptable, the grievant(s) may advance the grievance to the Respondent’s department head within seven (7) 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 (14) calendar days.
Grievance Hearing (MUPIM 13.6.C)
If the department head’s response is not acceptable, the grievant may file a written appeal within seven (7) 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 (14) calendar days. The Hearing Committee will consist of three (3) members of the unclassified administrative staff who have not rendered a decision in the grievance. A list of fifteen (15) members of the unclassified administrative staff 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 member 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 (7) 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 (14) calendar days after receipt of the recommendation.
Miscellaneous (MUPIM 13.6.D)
- Time deadlines may be extended by mutual agreement of the parties or by the applicable vice president or President.
- 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.
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.