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Grievance Procedures for Personnel Policies and Procedures, Unclassified Professional Staff, Office of the Provost and Executive Vice Chancellor

Procedure
Purpose: 

In accordance with the provisions of the “Personnel Policies and Procedures, Unclassified Professional Staff” (section C.4 of the Handbook for Faculty and Other Unclassified Staff), the Office of the Provost and Executive Vice Chancellor (“Office of the Provost”) establishes the following procedures to address employment-related grievances of unclassified professional staff in the Provost’s sector. They are now in effect and supersede any grievance procedures for unclassified professional staff previously adopted by the Office of the Provost or any Vice Provost’s or Vice Chancellor’s Office.

Applies to: 

Unclassified professional staff in the Office of the Provost and in all units and subunits that report to the Office of the Provost. The Office of the Chancellor will establish and maintain similar procedures for units reporting to the Chancellor and to the Director of University Communications.

Campus: 
Lawrence
Edwards
Parsons
Juniper Gardens
Yoder
Topeka
Policy Statement: 

The Office of the Provost and Executive Vice Chancellor provides the opportunity for unclassified professional staff to grieve about such conditions of employment as performance of responsibilities, leaves and other related matters. Whenever possible, grievances should be resolved informally and at the lowest possible level. The procedure set forth below is to be used in the event that efforts at informal resolution are not successful.

This procedure shall be the sole procedure available to unclassified professional staff members in the Office of the Provost and Executive Vice Chancellor and to unclassified professional staff members of any unit in the Provost’s sector who have grievances related to personnel policies and procedures. The Provost’s sector includes the Office of the Provost, the Office of Institutional Research and Planning, the Self Graduate Fellowship Program, and all offices that report to the vice chancellor and dean of the Edwards Campus, the senior vice provost, the vice provosts, and the deans. This procedure also shall be available to an unclassified professional staff member who has such a grievance against the vice chancellor and dean, the senior vice provost, a vice provost, a dean, or any other administrator who reports directly to the Provost.

No person shall be subject to discharge, suspension, discipline, harassment, or any form of discrimination for having utilized or having assisted others in the utilization of grievance procedures. All matters discussed in a grievance process are to be kept in confidence, and information shall be released only to those individuals who have a legitimate reason to be informed.

In any case where a grievance may be with the Provost, the grievant will utilize the policies and procedures of the Office of the Chancellor.

Procedures

A member of the unclassified professional staff who has a grievance in regard to conditions of employment is encouraged to attempt to resolve the grievance at the informal level by conferring with the immediate supervisor. Grievances are to be resolved at the lowest possible reporting level and are to be filed at higher reporting levels only if a solution is not possible at the initial stages.

If attempts to resolve a grievance at the informal level have not been successful, the grievant may decide to seek a formal resolution of the grievance by submitting a written notice of grievance to the supervising vice chancellor and dean, the senior vice provost, vice provost, or dean, as appropriate. In any case where a grievance may be against the vice chancellor and dean, the senior vice provost, a vice provost, a dean, or any other administrator who reports directly to the Provost, the grievant will submit a notice of grievance to the Provost. The notice of grievance is to include the nature of the grievance or the alleged injury to the grievant and the remedy or correction sought.

All grievances are to be filed in a timely manner. Grievances related to disciplinary actions shall be reviewed with the immediate supervisor within ten working days of notification of the proposed disciplinary action. In the case of demotion, non-reappointment, suspension, or dismissal, the effective date of the action shall not be altered by the fact that the matter has not been resolved. If there is ultimate resolution in favor of the grievant, the grievant shall be made whole with regard to pay and benefits. No grievance shall be considered under these procedures if more than 180 calendar days have passed since the action or event complained of.

Following the receipt of the notice of grievance, the vice chancellor and dean, the senior vice provost, vice provost, dean, or his/her designee is to discuss the grievance with the grievant's supervisor and they are to make a diligent effort to settle the grievance. Each of the directly involved parties shall have the opportunity to provide any information he or she deems necessary to an understanding of his or her position, and each shall be informed of the nature of the information provided by the other party. The vice chancellor and dean, the senior vice provost, vice provost, dean or designee may request and obtain information from individuals other than the parties if he or she deems it necessary. Normally, the vice chancellor and dean, the senior vice provost, vice provost, or dean will notify both parties of his or her decision within ten (10) working days following receipt of the information from the parties, and in no case more than fifteen (15) working days after the receipt of notice of the grievance. The vice chancellor and dean, senior vice provost, vice provost, or dean shall have the authority to adjust time frames for good reason as he or she deems necessary, with appropriate notification to the involved parties.

If either party wishes to appeal the decision of the vice chancellor and dean, senior vice provost, vice provost, or dean, he or she, within 30 calendar days of receipt of the decision, may invoke a written appeal of grievance to the Provost, asking that the Provost refer the matter to a three-person review panel in accordance with the “Personnel Policies and Procedures, Unclassified Professional Staff” (section C.4 of the Handbook for Faculty and Other Unclassified Staff).

In the case of a grievance against the vice chancellor and dean, the senior vice provost, a vice provost, or a dean, if informal attempts to resolve the matter have not been successful, a written notice of grievance will be filed with the Provost. The Provost shall designate a third party who shall conduct a review of the matter, discuss it with grievant and respondent, and make a diligent effort to settle the grievance. The Provost shall designate no person who has had prior involvement in the complaint. Requirements for disclosure and time frames for filing and reviewing the grievance shall be identical to those described above. If a resolution is not possible, the Provost’s designee shall make a decision and shall inform the parties and the Provost in writing. If either party wishes to appeal the decision of the examiner, he or she, within 30 calendar days of receipt of the decision, may invoke a written appeal of grievance to the Provost, asking that he or she refer the matter to a three-person review panel.

A request that a grievance be referred to a review panel is to be in writing and must include a description of the nature of the grievance or the alleged injury to the grievant, the remedy or correction sought, and a summary statement of the informal and formal attempts of resolution. The Provost or his/her designee shall appoint a three-member review panel within five days of receipt of the request for review. The Provost or the Provost’s designee also shall notify the respondent, who shall have five days from receipt of the notification to provide a written statement. Within ten (10) working days following the receipt of the written grievance materials, the review panel will submit its recommendations to the Provost or his/her designee, either affirming the previous formal level of resolution or recommending that the previous decision be reversed. Within ten working days of receipt of the panel's recommendations, the Provost or his/her designee shall issue a statement of final disposition. This disposition is not appealable.

Other Avenues for Resolving Grievances

The University has adopted specialized procedures for resolving some kinds of grievances. Problems falling into the areas described below shall be referred to the entities listed.

  • Grievances involving discrimination on the basis of race, religion, color, sex (including sexual harassment), national origin, ancestry, veteran status, disability, age, sexual orientation, or parental or marital status are to be taken to the Department of Human Resources.
  • Complaints involving summons or citation for traffic violations or revocation of parking permit are heard by the Court of Parking Appeals.
  • Complaints about merit pay decisions are considered by administrative review.
  • Complaints about performance evaluations are reviewed through the appropriate administrative channels.
  • Complaints about safety issues are reviewed through the appropriate safety procedures.
Contact: 

Policy Office, a division of the Office of the Provost
785-864-9600
policy@ku.edu

Approved by: 
Provost and Executive Vice Chancellor
Approved on: 
Friday, July 19, 1996
Effective on: 
Friday, July 19, 1996
Review Cycle: 
Annual (As Needed)
Keywords: 
UPS, unclassified professional staff, personnel, grievance procedure, due process, conflict resolution
Review, Approval & Change History: 

01/09/2015: Policy formatting cleanup (e.g., bolding, spacing).

06/13/2014: Technical edit.

11/24/2008: Updates reviewed by the Office of the University General Counsel and approved by the Provost and Executive Vice Chancellor.

01/12/2005: Updates reviewed by the Office of the University General Counsel and approved by the Provost and Executive Vice Chancellor.

07/1999: Updates reviewed by the Office of the University General Counsel and approved by the Provost and Executive Vice Chancellor.

07/19/1996: Reviewed by the Office of the University General Counsel and approved by David E. Shulenburger, Provost.

Personnel: Faculty/Academic Staff Categories: 
Grievance & Appeals
Personnel: Staff Categories: 
Grievance & Appeals

Moderation History

Updated: January 30, 2015 - 03:07

Log message: Edited by ShellyL@ku.edu - fixed spacing and heading formatting in Policy Statement; fixed spacing in Contact; updated Review, Approval & Change History to show in reverse chronological order.

Updated: January 29, 2015 - 13:46

Log message: Edited by ShellyL@ku.edu - fixed spacing and heading formatting in Policy Statement; fixed spacing in Contact; updated Review, Approval & Change History to show in reverse chronological order.

Updated: January 13, 2015 - 16:02

Log message: Edited by ShellyL@ku.edu - fixed spacing and heading formatting in Policy Statement; fixed spacing in Contact; updated Review, Approval & Change History to show in reverse chronological order.

Updated: January 13, 2015 - 15:58

Log message: Edited by ShellyL@ku.edu - fixed spacing and heading formatting in Policy Statement; fixed spacing in Contact; updated Review, Approval & Change History to show in reverse chronological order.

Updated: January 9, 2015 - 12:00

Log message: Edited by ShellyL@ku.edu - fixed spacing and heading formatting in Policy Statement; fixed spacing in Contact; updated Review, Approval & Change History to show in reverse chronological order.

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