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| PPS Table of Contents : HR Questions : Official University Policies & Procedures : UC Irvine |
PERSONNEL PROCEDURES FOR UC IRVINE STAFF MEMBERS |
Personnel Procedures for UCI Staff Members
The Manager, Consulting Services and Labor Relations, Campus Human Resources, is responsible for the administration of these procedures for employees in campus departments. The Manager, Labor and Employee Relations, Medical Center Human Resources, is responsible for developing and administering procedures for employees in Medical Center departments. Managers, supervisors, and employees at the Medical Center may obtain a copy of the procedure from the UCIMC Human Resources Department.
b. If attempts to resolve an issue are unsuccessful, a formal written complaint may be filed. Complaints must be filed within 30 calendar days of knowledge of the event or action that gave rise to the complaint. A written decision from the department head will be provided to the employee.
c. If the issue remains unresolved, the employee may request further review by the appropriate Vice Chancellor. A written decision from the Vice Chancellor will be provided to the employee.
d. Eligible issue(s) remaining unresolved may be submitted for review by a factfinder. A written decision from the Executive Vice Chancellor/Chancellor will be provided to the employee.
b. The following options are available if the parties agree to a more structured process prior to filing a formal complaint:
2) The UCI Campus Mediation Program, administered by the Office of the University Ombudsman (824-7256) is an informal, voluntary program through which a mediator can help staff resolve a complaint in the workplace. Participation in the UCI Campus Mediation Program does not extend the time limits of this procedure.
b) The employee may request a written extension of the time limits for processing a Step I complaint that has been timely filed until the end of the mediation process or for 30 calendar days, whichever comes first.
c. Upon receipt of a formal complaint, Human Resources will determine:
2) Whether the complaint is timely; and/or
3) Whether the complaint provides the required information. If the complaint has been filed within established time limits, Human Resources shall grant up to 15 calendar days in order to permit an incomplete but timely complaint to be corrected and resubmitted.
4) If a complaint is rejected by Human Resources, the employee will be notified in writing, including the reason for the rejection. If the employee decides to appeal this decision, the appeal must be received by the Assistant Vice President-Human Resources, Office of the President, within 20 calendar days of the date of the campus decision.
5) Once a complaint has been filed on a timely basis and accepted by Human Resources, requests to extend subsequent timelines may be granted by Human Resources in accordance with E. Timelines. Requests for extensions must be in writing and must state the reason for the extension and the number of days requested.
6) Complaints of two or more employees, or two or more complaints on the same incident, issue, or course of conduct may, at the sole discretion of the Manager, Consulting Services and Labor Relations, be included in one review.
b. In addition to the requirements stated in Policy 70, F, Review Process, Step I, the employee must:
2) list the name, address, and telephone number of his/her representative, if any;
3) list the date(s) of attempted informal resolution, except as provided under Policy 70, D, and when the complaint alleges sexual harassment as described below;
4) sign the complaint form.
c. When a complaint alleges sexual harassment, an employee may elect to substitute the campus Sexual Harassment Complaint Resolution Procedure for attempted resolution with the employee's immediate supervisor. This procedure is administered by the Office of Equal Opportunity and Diversity (824-5594).
2) When both parties mutually agree, a complaint previously filed under the Sexual Harassment Complaint Resolution Procedure may proceed directly to Step II of Policy 70, F.
d. The complaint and requests for extension of time shall be filed:
2) via United States mail to:
3) by fax to:
e. If the complaint is accepted, it will be forwarded to the department head. If the department head is also the immediate supervisor, the complaint will be forwarded to the next higher level of authority.
f. The department head or next higher level has 15 calendar days from the date of the letter transmitting the complaint to respond in writing. The department head's response shall be addressed to the employee via Human Resources.
b. The appropriate Vice Chancellor will provide a written decision to the employee, including copies of any relevant documents that were not part of the original complaint, via Human Resources, within 15 calendar days of the receipt of the Request for Further Review.
c. The Vice Chancellor's decision shall be final unless the complaint is eligible for review at Step III.
Policy 65,Termination of Career Employees-Managers and Senior Professionals, Salary Grades I through VII
Policy 66, Medical Separation
b. The employee has 10 calendar days from the date of the letter transmitting the Vice Chancellor's decision. This request must be presented in writing via Human Resources on the Step III: Request for Hearing form.
c. Human Resources will appoint a factfinder from outside the department where the alleged action was taken.
Note: Evidentiary factfinding is limited to allegations involving violations of Policy 12, Nondiscrimination in Employment, when the allegations of harassment/discrimination include termination or medical separation issues.
d. Evidentiary Factfinding: Should either party to the complaint request it, or should the factfinder deem it necessary, the factfinder shall conduct an evidentiary factfinding. Each party to the complaint has the following rights:
2) to present evidence; and
3) to be present when witnesses testify and to examine and cross-examine witnesses.
e. The factfinder shall determine the facts based on the written submissions of each party and the evidentiary review sessions, if any were conducted.
f. The factfinder's written report shall include:
2) the alleged violations of policy, if any,
3) the positions of the parties,
4) a brief summary of the information received,
5) the findings of fact, and
6) the applicable personnel policies;
g. The factfinder's written report shall not include any recommendations or remedies.
h. The factfinder's written report will be presented to the Executive Vice Chancellor/Chancellor via Human Resources, within 45 calendar days of the date of appointment as a factfinder.
i. The Executive Vice Chancellor/ Chancellor will provide a written decision, with copies of any relevant documents that were not part of the original complaint, to the employee via Human Resources within 15 calendar days from the date of the letter of transmittal of the factfinder's report.
b. An employee may have only one representative.
c. An employee/agent of an employee organization that represents non-confidential employees shall not participate in the handling of complaints on behalf of confidential employees.
d. Supervisors shall not represent non-supervisory staff members. Non- supervisory staff members shall not represent supervisory staff members.
e. Time spent by the employee and/or the employee's representative in preparing a case shall be during non-working hours and without pay.
f. Requests by an employee and/or the employee's representative for reasonable amounts of paid time off to resolve or present a formal complaint shall be submitted in writing to the appropriate University official. Approval to participate in hearings and meetings convened by the University shall be made on an operational needs basis and shall not be unreasonably denied.
Settlement Agreements must be approved in advance by the Manager, Consulting Services and Labor Relations, as well as other appropriate University officials.
2. The employee has 30 calendar days from the date on which the employee knew, or reasonably should have known, of the event or action that gave rise to the complaint, to request a formal review at Step I.
3. The department head has 15 calendar days from the date of the letter of transmittal of the Step I formal review to respond to the employee.
4. The employee has 10 calendar days from the date of the letter of transmittal of the department head's response to file an appeal to Step II.
5. The Vice Chancellor has 15 calendar days from the date of the letter of transmittal of the appeal to Step II to issue a written decision.
6. The employee has 10 calendar days from the date of the letter of transmittal of the Vice Chancellor's decision to request factfinding, if eligible.
7. The factfinder has 45 calendar days from the date of appointment to file a written report.
8. The next higher level authority has 15 days from receipt of the factfinder's report to issue a written decision.
9. The above timelines shall be adhered to, unless the employee or the University has requested an extension and the extension has been approved in writing by Human Resources.
b. More than one extension may be granted for each timeline.
c. Complaints not appealed within the time limits at any step will be considered resolved on the basis of the preceding University response.
d. Failure of management to respond within the time limits shall be a basis for the employee to appeal to the next step.
This procedure applies to Managers and Senior Professional Employees in Salary Grades I through VII.
For Professional and Support Staff Employees, see Procedure 70-1. For Managers and Senior Professionals in Salary Grades VIII and IX, see Procedure 71. For Senior Managers, see Appendix II, Policy II-70.
Employees who are in a bargaining unit that has an exclusive representative (union) are covered by the applicable provisions of the collective bargaining agreement.
| PPS Table of Contents : HR Questions : Official University Policies & Procedures : UC Irvine |