Proposed Changes Disciplinary, Grievance, & Appeal Policies

1. Proposed Changes Disciplinary, Grievance, & Appeal Policies Sam Connally Vice President for Human Resources

2. Performance Management • Effective Performance management consists of communicating job duties, establishing performance standards, coaching, reinforcing positive performance & behavior; correcting unsatisfactory behavior; and period evaluation & feedback.

3. Disciplinary & Grievance Policies • A subset of performance management. • Promote a culture where staff employees and supervisors may engage in constructive conversations regarding job performance or work-related conduct with a shared objective of improving unsatisfactory job performance or correcting unacceptable work-related behaviors.

4. Disciplinary Policy Changes • Distinguish between Job Performance and Personal Conduct . • Job Performance = Quality & Quantity of Work • Personal Conduct = Job related behaviors • Establish commitment to Progressive Discipline. • Discipline should be progressive whenever a reasonable person would expect opportunity to improve.

5. Disciplinary Policy Changes • Discipline is a Four-Step Process for Supervisors; with Three Opportunities for Employees to Improve: • Clarification of Expectations > 1st Opportunity • Written Warning > 2nd Opportunity • Final Written Warning or Suspension w/o Pay > 3rd Opportunity to Improve • Reduction in Salary, Demotion, or Termination

6. Disciplinary Policy Changes • Define Disciplinary Standard. • Decisions must be reasonable & fact-based. • Define Disciplinary Authority. • Two levels removed from employee • At least at level of department head or director.

7. Disciplinary Policy Changes • Create pre-disciplinary conference for Suspensions, Reductions in Salary, Demotions. • Supervisor recommending these actions must meet with employee in advance. • Employee must have opportunity to respond. • Discipline is a structured process; but does not follow any fixed time line. • Adopt & publish guidelines for pre-termination conferences.

8. Disciplinary Policy Changes

9. Disciplinary Policy Changes

10. Grievance Policy Changes • Provide Examples of Grievable / Non-Grievable Issues • Examples of Grievable Actions: • Working conditions • Written warnings (New) • Suspension without pay (in lieu of appeal) (New) • Unsatisfactory performance evaluation (New) • Incorrect application of University policy

11. Grievance Policy Changes • Provide Examples of Grievable / Non-Grievable Issues • Examples of Non-Grievable Actions: • Organization and definition of work, unit assignment, and work hours • Performance expectations (unless alleged to be arbitrary, capricious, or not reasonably attainable) • Oral counseling or non-disciplinary “letters of instruction” to clarify performance or personal conduct expectations • Position classification, salary grade, or salary • Allegations of EEO-related discrimination or harassment

12. Grievance Policy Changes • Reduce number of steps in the grievance process. • 1st Line Supervisor • 2nd Line Supervisor • Director/Department Head (or 3rd in Chain of command) • Grievance Committee is available between 2nd & 3rd level of review. • Publish grievance committee guidelines. • Permit Grievance Officer to serve as personal representative.

13. Grievance Policy Changes • Provide that HR (instead of employee) will notify managers of Step 2 & 3 grievances. • Require supervisors & managers to respond in writing to grievances within specified time frames. • Failure of 1st or 2nd line supervisor to respond to a grievance will create a presumption of reasonableness in favor of employee going forward.

14. Appeal Policy Changes • Move suspension without pay from Appeal Policy to Grievance Policy . • Clarify the role of personal advisors in appeal process. • Personal Advisor may be any one to advise employee in private. • Legal counsel is required to participate actively. • Codify delegation of responsibility from President to VPHR to review hearing officer reports and adopt final appeal decisions for the University.