Once the panel is selected, members must review the following:
- The Grievance form
- All related attachments, including all of the previous level findings; and
- Any other relevant documentation (whether or not a document is relevant to the panel review is subject to the sole discretion of the panel chair)
The grievance form and all related attachments and documentation constitutes The Recordof the grievance.
Within 10 business days of receiving The Record, the panel must decide whether or not the grievance qualifies for a hearing. The panel must notify the employee and VCU HR within 10 business days of its receipt of The Record whether the grievance:
- is justified and should proceed to a hearing OR
- the issues in the grievance can and should be resolved without a hearing
If the panel determines that the grievance will not receive a hearing and should be resolved without a hearing, it may:
- Recommend other resolution, i.e. mediation
- Affirm, modify or reverse the decision of the Level Two Administrator
Note: The panel must notify the chief human resources officer of its decision to decline to hear the grievance. Within 10 business days of the receipt of the panel’s decision not to hear the grievance, the chief human resources officer must notify the members of the panel and the employee in writing of his/her decision to accept or modify the panel’s decision. The chief human resource officer’s decision is final and concludes the grievance. There is no further appeal procedure for the grievance after the chief human resources officer concludes the grievance.
If the panel determines that the grievance will be heard, within 10 business days of its receipt of The Record, the panel must:
- Notify the employee in writing (email is acceptable) that the hearing is justified;
- Notify central HR that the hearing is justified;
- Request in writing from the employee a list of witnesses and other persons who should be at the hearing to provide relevant information to the panel;
- Direct the panel chair to conduct a pre-hearing conference with the employee and with management to discuss procedural matters associated with the panel hearing, i.e. date and time of the hearing, where it will be held, employee’s and management’s list of witnesses and documentation; exchange of witness lists and documentation date deadlines, and how long each side will have to present evidence and make statements about their respective positions.