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SECTION 157: GRIEVANCE PROCEDURES
SOURCE: NDSU President
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A grievance exists when an employee is dissatisfied with an aspect of his/her employment over which the employee has no control and on which remedial action is desired, excluding job family assignment and performance evaluations for broadbanded staff and other employees not covered under Section 353. (Section 241).
- If an employee feels unfairly treated or has a complaint, the employee shall first discuss it with the immediate supervisor. It may be a case of misunderstanding which can be straightened out by frank discussion.
- All employees have the right to present grievances to their supervisors or department heads and are assured freedom from discrimination, coercion, restraint or reprisal in presenting grievances.
- At each step of the grievance procedure, the employee may be represented by another University employee or by a representative of the employee's choosing.
- The intent of the University's grievance procedures is to provide a reasonable
opportunity for the resolution of an employee's dispute with the University.
Depending upon the nature of the grievance, the University has several formal
grievance procedures which are available for use by an employee who feels
aggrieved or discriminated against and for which informal discussions have
not been satisfactory to the employee. If more than one of the University
grievance procedures is available for a particular issue, the employee should
consult with the Director of Human Resources/Payroll, the Executive Director, Chief Diversity Officer in the Office of Equity
and Diversity (in the case where the issue involves alleged discrimination)
or a unit administrator when considering grievance options. Once an employee
files a formal grievance in writing with the Equity and Diversity Office,
the Office of Human Resources/Payroll or the Presiding Officer of the University
Senate (to initiate a faculty Special Review Committee), the employee will
not be entitled to grieve the same issue using another internal grievance
procedure. If an employee seeks the resolution of a grievance in any external
forum, whether administrative or judicial, prior to seeking resolution of
the issue by filing a grievance in one of the formal internal grievance procedures
listed below or while one of those grievance procedures is in progress, the
University may, following notification to the employee, suspend the internal
grievance procedure pending a final decision in the external forum.
The Director of Human Resources/Payroll (and the Executive Director, Chief Diversity Officer in the Office of Equity and Diversity in a case of alleged discrimination) will act in an advisory capacity, as requested, to all parties involved in the grievance procedure.
All employees
- 5.1
- If the grievance is based on alleged discrimination, that is, an issue related to race, color, religion, national origin, sex (including sexual harassment), disability, age, veteran's status, or sexual orientation any employee may use the Equal Opportunity Grievance Procedure (Section 156). This procedure includes phases for administrative review, negotiation, and if necessary, a hearing before a special hearing committee.
Faculty
- 5.2
- If the grievance involves a faculty member (instructor, assistant professor, associate professor, or professor), lecturer, adjunct faculty member or graduate teaching assistant and is based on a dismissal, termination, nonrenewal or nonpromotion, grievance procedures are described in Sections 350.3. Grievances based on matters other than dismissal, termination, nonrenewal, or nonpromotion may also be grieved using the procedure described in Section 353.
Broadbanded and all other employees
- 5.3
- If the grievance is based upon an aspect of employment over which an employee has no control and desires remedial action, e.g., salary, working conditions, disciplinary action, etc., the employee uses the Condition of Employment Grievance Procedure (Section 230). This grievance option is limited to regular employees who have completed their probation period.
- 5.4
- If the grievance is based on a suspension without pay, dismissal or demotion which the employee feels is unjust, the employee uses the Grievance Procedure for Termination of Employment (See Section 231). This grievance option is limited to regular employees who have successfully completed their probationary period.
- The University's Director of Human Resources/Payroll and Executive Director, Chief Diversity Officer in the Office of Equity
and Diversity are available to provide assistance to employees in determining,
under the given circumstances, which grievance procedure may be most appropriate.
HISTORY: July 1990; Amended April 1992; May 1997; October 1997; October 2002; March 2005, October 2007.