1. Discipline and Grievance Procedures
Aspire
Cindy Edwards
Ask: What do you want to get out of this workshop?

2. Goals and Objectives Learn reasons for taking disciplinary action
Understand the importance of proper documentation
Understand the key points in the discipline/grievance process
Become familiar with UNC Charlotte’s policy and procedure
Learn the steps in the disciplinary process
Can anyone tell me why we would want to take disciplinary action?
Talk about the goals and objectives of the session then go to the next slide
Purpose of Disciplinary Action
Explain difference between University/State policy vs. private industry – University/State is a “for cause” employer. Private Industry normally is a “at will” employer.

3. Purpose of Disciplinary Action
To provide a fair, clear and useful tool for correcting and improving performance problems as well as to provide a process to assist management in handling instances of unacceptable personal conduct
Clarify here that I will be giving examples during the workshop and if I use the word “YOU” I don’t mean that I’m talking about one of the workshop members.
If a example sounds familiar I’m not talking about a particular situation. We deal with similar cases all the time.

4. Why? Correct/improve performance and/or work behavior
Provide specifics to employee
Maintain consistency in the work unit
Document
Ask the group: Why do we have to take Discipline Actions?
Bullet 1: Correct/improve performance and/or work behavior - Notes: Supervisors have the duty to review and encourage satisfactory job performance of employees and Supervisors also have to address cases of unacceptable personal conduct
Bullet 2: Provide specifics to employee - Note: Discipline procedures provide a process to address specifics to the employee on concerns with performance and/or work behavior and what corrective action or improvement is expected.
Bullet 3: Maintain consistency in the work unit - Note: The process also help maintain consistency in the work place in the fair and equal treatment of all employees
Bullet 4: Document: - Note: The process provides necessary documentation to both the employee and management regarding performance and/or personnel conduct issues.

5. Just Cause Insubordination Unacceptable Personal Conduct
Unsatisfactory Job Performance
Gross Inefficiency
JUST CAUSE: Any disciplinary action taken in accordance with this policy must be for just cause - What is just cause?
Insubordination – willful failure or refusal to carry out a reasonable order from an authorized supervisor
Personal Conduct - discipline imposed on the basis of unacceptable personal conduct
Performance - discipline imposed on the basis of unsatisfactory job performance
Gross inefficiency - when job performance is so unsatisfactory that it causes or results in death or serious injury to employees, members of the public or to persons for whom the employees have responsibility or that it causes or results in a serious loss of or damage to state property or funds adversely impacting the state, agency and/or the work unit.
Some actions by an employee may fall under both reasons. No disciplinary action shall be invalid solely because the disciplinary action is labeled incorrectly.

6. Unresolved Incident
Act of unacceptable personal conduct, unsatisfactory job performance or grossly inefficient job performance for which no disciplinary action has previously been taken by the agency
Disciplinary action can be taken when a employee has a unresolved incident for which no disciplinary action has previously been taken by the agency
An unresolved incident is an Act that falls under one of the areas on the previous slide. unacceptable personal conduct, unsatisfactory job performance or grossly inefficient job performance.

7. Insubordination
Willful failure or refusal to carry out a reasonable order from an authorized supervisor. NO
Insubordination is a type of unacceptable personal conduct.
Insubordination is the willful failure or refusal to carry out a reasonable order from an authorized supervisor. Insubordination is unacceptable personal conduct for which any level of discipline, including dismissal, may be imposed without prior warning.
Ask the group: Can you think of a situation that would be considered insubordination?
Go to next slide of examples:

8. Examples of Insubordination
Receptionist is asked to assist a visitor and refuses because she does not like to be interrupted.
Mechanic is asked to take a state car for a test drive to see what is wrong with it and refuses because he doesn’t think it is necessary.
Examples of insubordination.
Receptionist is asked to assist a visitor and refuses because she does not like to be interrupted.
Mechanic is asked to take a state car for a test drive to see what is wrong with it and refuses because he doesn’t think it is necessary.

9. Unacceptable Personal Conduct
Conduct for which no reasonable person should expect to receive prior warning
Violation of state or federal law
Willful violation of known or written work rules
Falsification of employment documentation
Conduct unbecoming a State employee that is detrimental to State service (including criminal convictions)
Abuse of person over whom the employee has charge
Absence from work after leave and benefits is exhausted
Unacceptable Personal Conduct is
Ask: What would be some examples of Unacceptable Personnel Conduct?
Go to next slide of examples

10. Examples of Unacceptable Personal Conduct
Swearing at a supervisor or subordinate
Falsification of employment or other documentation (expense reports, work orders, etc.)
Conviction of drug possession with intent to distribute
Missing work without leave to cover the time period
Examples of Unacceptable Personal Conduct
Swearing at a supervisor or subordinate
Falsification of employment or other documentation (expense reports, work orders, etc.)
Conviction of drug possession with intent to distribute
Missing work without leave to cover the time period absent

11. Unsatisfactory Job Performance
Work related performance that fails to satisfactorily meet job requirements as set out in the relevant job description, work plan, or as directed by the management of the work unit or agency
Any work related performance problem may establish just cause to discipline an employee for unsatisfactory job performance.
Just cause for a warning or other disciplinary action for unsatisfactory job performance occurs when an employee fails to satisfactorily meet job requirements as set out in the relevant job description, work plan, or as directed by the management of the work unit or agency.
Determination is generally made by the supervisor and the supervisor’s determination should be reasonable, proper and factually supported.
Can anyone give me an example of unsatisfactory job performance?

12. Examples of Unsatisfactory Job Performance
Excessive absenteeism
Failure to complete assignments when they are due
Excessive errors in completed work
Excessive call backs on repairs
Tardiness
Lost files/equipment due to disorganization
Examples of Unsatisfactory Job Performance
Excessive absenteeism
Failure to complete assignments when they are due
Excessive errors in completed work
Excessive call backs on repairs
Tardiness
Lost files/equipment due to disorganization

13. Grossly Inefficient Job Performance
Unsatisfactory job performance that causes or results in: (1) death or serious bodily injury (or creates conditions that increase the chance for such) to an employee(s) or other person(s) or (2) the loss of or damage to state property or funds that results in a serious adverse impact on the State and/or work unit
Unsatisfactory job performance that causes or results in: (1) death or serious bodily injury (or creates conditions that increase the chance for such) to an employee(s) or other person(s) or (2) the loss of or damage to state property or funds that results in a serious adverse impact on the State and/or work unit.
What would be some examples of grossly inefficient job performance?

14. Examples of Grossly Inefficient Job Performance
Employee on a trip with a state vehicle drinks and has an accident
Employee leaves a bank deposit containing $10,000 cash on the sink in the restroom and it is stolen
Employee leaves live wires exposed with no warning signs posted and another employee gets severe burns from touching
Examples of Grossly Inefficient Job Performance
Employee on a trip with a state vehicle drinks and has an accident
Employee leaves a bank deposit containing $10,000 cash on the sink in the restroom and it is stolen
Employee leaves live wires exposed with no warning signs posted and another employee gets severe burns from touching

15. Types of Discipline
Oral Counseling Session (not considered as a formal disciplinary action)
Written Warning
Suspension without pay
Demotion
Dismissal
When just cause exists, the disciplinary actions that can be taken are: Written warning, suspension without pay, demotion, and dismissal
What type of disciplinary action can be taken? The degree and type of action taken shall be based upon the sound and considered judgment of the supervisor and human resources.
Supervisors normally will conduct oral or written counseling sessions with employees prior to going to formal disciplinary action. Remember that conduct oral or written counseling sessions are not considered as a formal disciplinary actions.

16. Disciplinary Process – Oral Counseling
Recommended first response to unsatisfactory performance
Supervisor conducts counseling session
Problem areas are identified and discussed
Improvement plan and time frame are discussed and noted by supervisor
Supervisor maintains record of session
Not considered part of “formal” disciplinary process
Disciplinary Process - Oral Counseling
Recommended first response to unsatisfactory performance
Supervisor conducts counseling session
Problem areas are identified and discussed
Improvement plan and time frame are discussed and noted by supervisor
Supervisor maintains record of session
Not considered part of “formal” disciplinary process

17. Written Warning
A written statement of an unresolved incident of unsatisfactory performance
Before a written warning for unsatisfactory job performance can be given
Employee must have a current unresolved incident of unsatisfactory job performance

18. Written Warning - Required
State it is a warning
Specific conduct or performance
Specific performance or conduct improvements
Indicate timeframe (if not included defaults to 60 days for unacceptable job performance and immediately for grossly inefficient job performance or personal conduct)
There several things that must be listed in a Written Warning for it to be valid:
State it is a warning
Specific conduct or performance
Specific performance or conduct improvements
Indicate timeframe (if not included defaults to 60 days for unacceptable job performance and immediately for grossly inefficient job performance or personal conduct)
Continued on next slide

19. Written Warning - Continued
State consequences of failing to make required improvements/corrections
Give appeal rights provided by agency policy or state law
If second written warning, should encourage use of Employee Assistance Program (EAP)
Written Warning – Continued
State consequences of failing to make required improvements/corrections
Give appeal rights provided by agency policy or state law
If second written warning, should encourage use of EAP

20. Written Warning Process
Supervisor prepares draft and forwards to Employee Relations Manager
ER Manager reviews draft and makes any recommendations and/or corrections
Approved draft is returned to Supervisor
Supervisor schedules time to meet with employee
All written warnings must be prepared and reviewed with the Employee Relations Manager prior to delivery to the employee. The warning will be reviewed to ensure compliance with the disciplinary policy before authorizing final preparation and delivery by the supervisor to the employee.
A copy of the finalized warning must be provided the Employee Relations Manager concurrent with delivery of the warning to the employee.
The supervisor schedules time to meet with employee and discuss the written warning

21. Written Warning Process
Employee and supervisor discuss warning
Supervisor gives employee copy of warning
Supervisor forwards final written warning to ER Manager for inclusion in the employee’s disciplinary file (kept separate from personnel file)
Written warning remains active for 18 months from date on warning
After the employee and supervisor have discussed the warning the supervisor will provide the employee copy of warning.
Just a point here: After the employee and supervisor discuss the warning the employee is asked to sign the warning. This signature is on to acknowledge that the warning was discussed with the employee and does not mean that the employee agrees with the contents of action. Also, if a employee refused to sign the warning the employer will not on the warning that the employee refused to sign and provide a copy to the employee.
The supervisor forwards final written warning to ER Manager for inclusion in the employee’s disciplinary file (kept separate from personnel file)
All written warnings have an active life of 18 months from the date of issuance to the disciplined employee.
A written warning may be made inactive at any time deemed appropriate by the disciplined employee's supervisor and department head.

22. Suspension without pay
Employee is not permitted to work for a defined period of time without receiving pay. Employees are not permitted to apply leave toward a suspension without pay
5 or 10 days
When an employee received a suspension without pay the employee is not permitted to work for a defined period of time without receiving pay. Employees are not permitted to apply leave toward a suspension without pay
5 or 10 days

23. Demotion
Employee is subject to an action that lowers the salary within their current pay grade or is placed in a position at a lower pay grade, with or without lowering the employee’s salary, involuntarily
When a employee is demoted the employee is subject to an action that lowers the salary within their current pay grade or is placed in a position at a lower pay grade, with or without lowering the employee’s salary, involuntarily.

24. Dismissal Involuntary termination of employment
An dismissal of an employee is when the employee receives an involuntary termination of employment.

25. Suspension Without Pay, Demotion, Dismissal
Supervisor submits memorandum to Employee Relations Manager documenting just cause for action
ER Manager determines if requested action may be used as disciplinary action
ER Manager schedules a predisciplinary conference with employee (giving advance notice and the reason for the conference) to discuss supervisor’s recommendation
Before an employee is placed on disciplinary suspension without pay, receive a demotion or dismissal a supervisor must submit a memorandum to the Employee Relations Manager documenting just case for the action.
When the Employee Relations Manager determines the requested action is just cause as an disciplinary action then them will schedule and conduct a pre-disciplinary conference prior to action being taken. The Employee Relations Manager will notify the employee in writing of the conference, giving advance notice and the reason for the conference, to discuss supervisor’s recommendation and a summary of the supporting facts.

26. Pre-Disciplinary Conference
Advance notice
Occurs between Employee Relations Manager and Employee
No side may be represented by attorney
Security may be present
The employee is always given advance notice in writing of the pre-disciplinary conference. The Employee Relations Manager conducts the conference with the employee. Normally the supervisor is present and in some case second management representative may be present at management's discretion. No attorney shall represent either side at the conference and when it is believed necessary security may be present.

27. Predisciplinary Conference
Employee is given oral or written notice of recommendation and a summary of the supporting facts
Employee is given an opportunity to respond to recommendation and offer facts supporting another course of action
During the conference, the Employee Relations Manager will give the employee give the employee an opportunity to respond with information against the recommended disciplinary action, offer facts that are different from those offered by management and offer facts in support of the employee's case.
Based on the information provided by the employee the Employee Relations Manager may need to question supervisor or other persons prior to a final decision being made.
Please not that the employee does not have the right to have witnesses at the conference.

28. Suspension Without Pay, Demotion, or Dismissal
Decision is made after the beginning of the next business day following the day of the employee’s conference with the Employee Relations Manager
Decision may be (1) approve supervisor’s recommendation, (2) recommend lessor action, (3) recommend more severe action
Employee and supervisor are notified in writing of decision
After the conference, Human Resources shall:
Review and consider the response of the employee and make a decision on the recommended action.
Decision may be (1) approve supervisor’s recommendation, (2) recommend lesser action, or (3) recommend more severe action.
The employee and the supervisor will be notified of the decision the no sooner that the start of the next business day after the conference or but not later than after the end of the second business day following the completion of the conference.

29. Suspension Without Pay
Normally, either one or two weeks
Supervisor decides when employee will be on suspension
Payroll is notified to reduce pay
Employee is expected to return to work on the next business day following the last day of suspension
Documented in employee’s disciplinary file
The length of a disciplinary suspension without pay for an employee must be for at least one full work week, but may not be for more than two full work weeks.
The supervisor will decide when the employee will be on suspension. The supervisor is in the best position to when a suspension will have the least impact on work unit.
Payroll is notified to reduce pay during the period of the suspension and the employee is expected to return to work on the next business day following the last day of suspension.
Documented of the suspension will be maintained in employee’s disciplinary file in Human Resources.

30. Demotion May be with or without decrease in pay/salary grade
Reflected in employee’s disciplinary file
May affect salary decisions in promotions or reallocations if done within 12 months of demotion
The demotion may be with or without decrease in pay/salary grade. Such actions will be reflected in the employee's disciplinary file in Human Resources. Demotion actions may affect salary decisions in promotions or reallocations if done within 12 months of demotion.

31. Dismissal
Two week notice is given if dismissal is for unsatisfactory performance issues
Two week in lieu of notice may be paid
No notice is required if for personnel conduct or grossly inefficient performance issues
Last day worked is considered separation date
If the decision is dismissal the employee is normally given a two week notice if dismissal is for unsatisfactory performance issues.
Two week in lieu of notice may be paid.
There is not requirement to give an employee notice if the dismissal is for personnel conduct or grossly inefficient performance issues. In this case the last day the employee worked is considered separation date.

32. Unsatisfactory Job Performance
following table shows Disciplinary Actions Available For Unsatisfactory Job Performance.

33. Unacceptable Personal Conduct or Grossly Inefficient Job Performance
The following table shows Disciplinary Actions Available For Grossly Inefficient Job Performance and Unacceptable Personal Conduct.

34. Considerations in Applying Discipline
Performance record of employee
How have others been treated
Practices in work unit
Recurring problem or one time shot
When a supervisor determines that an employee has violated policy the supervisor should examine a number of factors to decide the appropriate type of disciplinary action.
Among the factors are:
Performance record of employee
How have others been treated
Practices in work unit
Recurring problem or one time shot

35. Correcting Employee Performance
Individually/Private
Ask for explanation
Focus on performance, not employee
Opportunity to learn the correct way
Review past work record prior to talking with employee
Check policies/procedures relating to issue
Look at long term, not short term
Consistency
Don’t apologize
Don’t get emotional
- When correcting employee performance supervisors should remember these basic guidelines.
- Discuss issues and concerns with the individually and in private. Ask for a explanation from the employee regarding the performance to find if there are underlying causes.
- Remember to focus on performance issues, not the employee.
- Give the employee the opportunity to learn the correct way to perform the tasks.
- Review past work record prior to talking with employee.
- Check policies/procedures relating to issue.
- Look at long term solutions to the issues, not the short term.
- Be consist when dealing will all employees.
- Don’t apologize for addressing the issues and don’t get emotional when discussing them.

36. Questions/Comments

37. Grievance and Appeal Procedures
Provide for the orderly settlement of problems and differences
Formal review process
In order to maintain a harmonious and cooperative relationship between the University and its staff employees subject to the provisions of the State Personnel Act, The University of North Carolina at Charlotte has established these procedures to provide for the orderly settlement of problems and differences.
The grievance procedures provide a formal review process to employees.

38. Career Status Employee
Permanent position appointment
Continuously employed by the State of North Carolina in a position subject to the State Personnel Act for the immediate 24 preceding months
Any Career State employee (SPA) who has a complaint or dissatisfaction arising from an interpretation, application or a claim of violation of any provision of policy, rule or regulation applicable to University employment shall have the opportunity to present a grievance.
To be considered an career status employee you must be in a permanent position appointment, and must have been continuously employed by the State of North Carolina in a position subject to the State Personnel Act for the immediate 24 preceding months.

39. Grieveable Issues Demotion Suspension Dismissal Reduction In Force
Illegal Discrimination
Denial of Promotional Priority
Denial of Priority Reemployment
Denial of Veteran’s Preference
Denial of the removal of false and misleading information from the personnel file
Performance Pay
Issues that may be grieved through the University's policy include but are not limited to the following:
demotion, suspension without pay, dismissal, reduction in force, illegal discrimination, denial of promotional priority, denial of veteran's preference, denial of the removal of false and inaccurate or misleading information from the personnel file, performance pay disputes.

40. Grievance Procedures Supervisor Employee Relations Manager
Administrative Official
Hearing Panel
Vice Chancellor
Office of State Personnel/Administrative Law Judge
Office of State Personnel/Personnel Commission
Supervisor: All informal grievances must be presented to the immediate supervisor by the employee.
Employee Relations Manager: The Employee Relations Manager will be notified during the informal grievance process when an impasse is acknowledged by either party or ten additional working days have passed. Upon receipt of a Formal written grievance, the Employee Relations Manager refer the grievance to an appropriate administrative official for resolution of the matter
Administrative Official: The appropriate administrative official will be the Director, Department Chair, Dean, Associate Vice Chancellor, or Vice Chancellor.
Hearing panel: The grievant may request review by Hearing Panel of Staff Grievance Committee if the grievant is not satisfied with the decision rendered by the administrative official or if the grievant does not receive a written response.
Vice Chancellor: At conclusion of hearing, the Hearing Panel will submit a written report of the Panel's recommendations concerning grievance to the appropriate Vice Chancellor. Vice Chancellor will convey a final written decision from the University.
Office of State Personnel/Personnel Commission : Depending on the grievance an grievant may have the right of appeal to the State Personnel Commission. The final decision of the University must inform the grievant in writing that any appeal from the final written decision must be made to the State Personnel Commission and must include the procedures for doing so.

41. Grievance Process
Step 1 - Informal Discussion(s): Presented to immediate supervisor within 15 calendar days
Referred to proper supervisory level within 2 working days
Verbal response given within 5 working days
All grievances must be presented to the immediate supervisor within fifteen (15) calendar days of the occurrence which gave rise to the grievance or the date the employee had reason to know of the occurrence.
If the supervisor does not have the authority to address the particular grievance, then the employee's grievance shall be referred to the appropriate supervisory level within two (2) working days of the employee's original notification; the immediate supervisor shall notify the employee as to whom the grievance was referred.
Once receiving notification, the supervisor, or the appropriate supervisory official, shall discuss the grievance and provide a verbal response to the grievant within five (5) working days.

42. Grievance Process
Mutual agreement by both parties that continued efforts to resolve the grievance through informal discussion(s) are worthwhile will automatically suspend the time limited required for notification of the Employee Relations Manager until an impasse is acknowledged by either party or 10 additional working days have passed
Mutual agreement by both parties that continued efforts to resolve the grievance through informal discussion(s) are worthwhile will automatically suspend the time limit required for notification of the Employee Relations Manager until an impasse is acknowledged by either party, or ten (10) additional working days have passed.

43. Grievance Procedures
If employee cannot discuss the matter with immediate supervisor, Employee Relations Manager in HR department may be contacted first
If the employee feels that the matter cannot be discussed with the immediate supervisor, then the Employee Relations Manager may be contacted for assistance and advice. In such instances the Employee Relations Manager may serve as an intermediary to attempt to bring the parties together informally for resolution.

44. Grievance Procedures Step 2 - Formal Grievance
Must be in writing, signed by employee
Must identify the policy or rule alleged to have been violated
Must contain a concise statement of the facts surrounding grievance
Must contain any remedy sought
The formal grievance must be in writing, signed by the employee.
The formal grievance must identify the policy or rule alleged to have been violated, contain a concise statement of the facts surrounding the grievance and contain any remedy (redress) sought by the employee
Any grievance received by Human Resources which does not include these essential elements may be rejected.

45. Grievance Procedures
Upon receipt of a written grievance, the Employee Relations Manager shall provide grievant a copy of the current policy governing the Grievance and Appeal procedures for SPA employees
Grievance referred to appropriate administrative official (Director, Department Chair, Dean, etc.)
Upon receipt of a written grievance, the Employee Relations Manager shall provide the grievant a copy of the current policy governing the Grievance and Appeal Procedures for Employees Subject to the State Personnel Act
and within two (2) working days, refer the grievance to an appropriate administrative official (Director, Department Chair, Dean, Associate Vice Chancellor, or Vice Chancellor) for resolution of the matter.

46. Grievance Procedures
Meeting is scheduled with grievant within five working days to be held within 15 working days
Written decision from administrative official within 5 working days following meeting
The Administrative Official will within five (5) working days from receipt of that referral, to schedule a meeting with the grievant, the immediate supervisor, a representative of the Human Resources Department and any other individuals the administrative official determines will assist in the investigation and resolution of the problem. Such meeting shall be held within fifteen (15) working days from the receipt of the written grievance by the administrative official.
The administrative official will provide the grievant with a written decision within five (5) working days after the meeting and forward a copy of the decision to the Employee Relations Manager.

47. Grievance Procedures Step 3 - Review by Staff Grievance Committee
Requests for review must be submitted within 5 working days from administrative official’s written decision (or expiration of time permitted for such a decision)
A grievant may request review by Hearing Panel of Staff Grievance Committee if the grievant is not satisfied with the decision rendered by the administrative official or if the grievant does not receive a written response from the administrative office within (5) working days.
To be considered, requests for review must be submitted in writing by the grievant to the Employee Relations Manager within five (5) working days after receipt of the administrative official's written decision or expiration of the time permitted for such a decision.

48. Grievance Procedures
After going through Step 1, career employees who have been dismissed may proceed directly to Step 3, review by Hearing Panel
Requests for review must be made within five working days after immediate supervisor/administrative official’s response in Step 1
After going through Step 1 of the informal grievance process with the immediate supervisor/administrative official career employees who have been dismissed the grievant may proceed directly to Step 3, review by a Hearing Panel of the Staff Grievance Committee
Requests for review must be made by the grievant to the Employee Relations Manager within five (5) working days after receipt of the immediate supervisor/administrative official's response from the informal grievance process.

49. Grievance Procedures
Career employees with permanent position appointments may file a grievance requesting that a performance evaluation/pay dispute be reviewed by a Hearing Panel of the Staff Grievance Committee
Submitted within 15 working days
Career employees with permanent position appointments may file a grievance requesting that a performance evaluation/pay dispute be reviewed by a Hearing Panel of the Staff Grievance Committee.
Requests for review shall be submitted in writing by the grievant to the Employee Relations Manager within fifteen (15) working days of either the date of receipt of the notification (written) documenting the performance salary increase decision or the completion of the performance appraisal in dispute.

50. Grievance Panel
Chancellor appoints 12 members, 4 of which are designated Hearing Chairs
The Chancellor will appoint by written notice a Staff Grievance Committee of twelve (12) members, four (4) of whom are designated Hearing Panel Chairs.
The members will be classified (SPA) employees of the University and the Committee will be a representative mix of male/female, minority/majority, supervisory/non-supervisory employees, and of major operating areas of the University.

51. Grievance Panel
Employee Relations Manager selects Chair and two committee members to form panel
Panel selected within 2 working days
Includes at least two non-supervisory members
Grievant and person against whom grievance is directed may each disqualify up to two of the members selected
Within two (2) working days of receipt of a grievance for hearing, the Employee Relations Manager will select from the Staff Grievance Committee a Hearing Panel consisting of a Chair and two (2) other Committee members. To ensure impartiality, the Hearing Panel will include at least two non-supervisory members. The Hearing Panel selected will not include employees from the same operational unit as the grievant and will not include more than one employee from any operational unit. In order for a hearing to be conducted, all members of the Hearing Panel must be present.
The grievant and the person against whom the grievance is directed shall be informed as to the Staff Grievance Committee members which will constitute the Hearing Panel by the Employee Relations Manager. The grievant and the respondent may each disqualify up to two of the members selected for the Hearing Panel. Disqualified members will be replaced by other members of the Staff Grievance Committee as selected by the Employee Relations Manager. Employee Relations Manager shall serve as advisor to each Hearing Panel.

52. Grievance Procedures
Hearing held 8 to 13 working days following notification to Hearing Panel
Meetings of Hearing panel are closed to public
Tape recorded transcript is kept
If decision is appealed grievant may request a copy of tape
Hearing under control of Hearing Panel Chair
To allow time for participants to prepare, a Hearing Panel shall accord the participants eight (8) working days after the Chair receives the written request for a hearing from the Employee Relations Manager. The Panel shall initially convene no later than thirteen (13) working days after the Chair receives notification of the hearing request.
Meetings of a Hearing Panel will be closed to the public unless the grievant and members of the Hearing Panel agree they may be open.
A tape-recorded transcript of the hearings shall be kept. If decision of the Hearing Panel is appealed the grievant may request a copy of tape.
The hearing is under the control of the Hearing Panel Chair. In general, the party who has the burden of proof has the first opening statement and the last closing statement. This will be the grievant in all cases except discipline; then management has the burden of proof.

53. Grievance Procedures - Hearing
Hearing Panel, respondent, and grievant may question all witnesses
Only evidence presented at convened meetings will be considered in decision
Chair of Hearing Panel submits recommendations within 3 working days to appropriate Vice Chancellor
VC submits final written decision within 5 working days
The Hearing Panel, respondent, and grievant may question all witnesses.
The Hearing Panel will consider only the evidence presented at convened meetings and such written and oral arguments as the Panel, at its discretion, may allow.
At conclusion of hearing, Chair of the Hearing Panel will submit within three working days, a written report of the Panel's recommendations concerning grievance to the appropriate Vice Chancellor.
The Vice Chancellor will convey a final written decision from the University to the principal parties concerned within five (5) working days of receiving the recommendations of the Hearing Panel.

54. Grievance Procedures
Decisions regarding performance evaluation/pay disputes are final and cannot be appealed to the State Personnel Commission
Written warnings cannot be appealed to the State Personnel Commission
Decisions regarding performance evaluation/pay disputes are final and cannot be appealed to the State Personnel Commission
Written warnings cannot be appealed to the State Personnel Commission

55. Appeal to State Personnel Commission
Career Status Employees
Must submit appeal within 30 calendar days
Heard before an Administrative Law Judge
Decision forwarded to State Personnel Commission
Commission is authorized to remedy situation (remedy is binding)
To make an appeal to the State Personnel Commission for matters other than an appeal alleging discrimination or concerning alleged false and inaccurate or misleading information in personnel file, an employee must have obtained career status.
The employee’s appeal must be filed within thirty (30) calendar days of receipt of the University's decision or of the expiration of the time specified for the receipt of the University's decision.
The appeal will be heard before an Administrative Law Judge.
The grievant shall be informed in writing that an appeal to the State Personnel Commission shall be made by filing a petition for a contested case hearing with the Office of Administrative Hearings, Raleigh, NC.
The State Personnel Commission is authorized to remedy the situation and the remedy is binding.

56. Unlawful Workplace Harassment
Grievant must submit a written complaint to the Employee Relations Manager (Human Resources) within 30 calendar days of the alleged harassing action
Grievant must submit a written complaint to the Employee Relations Manager (Human Resources) within 30 calendar days of the alleged harassing action

57. Discrimination
Employment, promotion, or transfer was denied or a demotion, layoff or termination was because of age, race, sex, color, national origin, religion, creed, political affiliation or disability
Right to file a grievance directly with the State Personnel Commission
Employment, promotion, or transfer was denied or a demotion, layoff or termination was because of age, race, sex, color, national origin, religion, creed, political affiliation or disability
Right to file a grievance directly with the State Personnel Commission

58. Discrimination University – Must be filed within 15 calendar days
State Personnel Commission – Must be filed within 30 calendar days
University – Must be filed within 15 calendar days
State Personnel Commission – Must be filed within 30 calendar days

59. Sources for Additional Information
Human Resources Website -
Office of State Personnel -
University Policy Statements –

60. The End