Grievance procedure
What automatically qualifies as a grievance (subject to review by VCU Human Resources)
- Dismissal involving performance and/or discipline
- Suspension involving performance and/or discipline
- Demotion involving performance and/or discipline
What may qualify as a grievance (subject to review by VCU Human Resources)
- Verbal or written warning and imposed probation involving discipline
- Complaints about management actions or omissions
- Discriminatory, harassing or retaliatory behavior by management
What does not qualify as a grievance
- Complaints not pursued in a timely manner (more than 30 days from the date the employee learns about the action that is the subject of the complaint)
- Termination of restricted positions consistent with the terms of the position. (Examples would include grant funded positions, those individuals hired for a specific timeframe and/or limited projects
- Termination of employment during probationary period
- Voluntary resignation
- Performance management issues, including performance reviews (disagreement on the results of annual evaluations)
- Actions resulting in a change of Job duties
- Position reclassifications, reassignment and transfer with no change in salary (Complaints about equity in reclassification, reassignments and/or transfer are not subject to the grievance procedure but may be filed with VCU Equity and Access Services)
- Elimination of position through workforce reduction, restructuring or loss of funding (Complaints about workforce reduction, restructuring or loss of funding are not subject to the grievance procedure but may be filed with VCU Equity and Access Services)
- Verbal or written warnings and imposed probation not involving discipline
- Issues where the outcome sought is outside the authority of the university administration
- Matters being adjudicated through another university, state or federal process
- Complaints made with malice or ill-intent, which are without merit, or made to harass or otherwise impede the efficient operation of the university
- Complaints about management actions/omissions that are the subject of another grievance
Allegations of unlawful discrimination or unlawful harassment are not subject to the grievance procedure. If an employee believes that he/she/they have been discriminated against or harassed unlawfully in the workplace, they should be directed to VCU Equity and Access Services. The VCU Equity and Access Services office is responsible for investigating claims of discrimination and harassment, including violations of Title IX and the Civil Rights Act. Employee concerns that involve the following should be referred to the VCU Equity and Access Services:
- Salary equity concerns;
- Position reclassifications, job transfers and/ or reassignments that have equity questions;
- Workforce reduction issues that involve equity questions; or
- Issues or questions involving the application of fairness and equity of laws, policies or institution practice
Contact VCU Equity and Access Services for specific guidance and instructions these issues.
How does an employee file a grievance?
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The employee submits completed Grievance form to their immediate manager (Level One Administrator) within 30 days of the action being grieved (or manager’s manager if the complaint is about the employee’s direct manager). Actions that are and are not subject to the grievance procedure are listed above.
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The following information is included on the grievance form or in attachment to the grievance:
- A clear and concise statement of the facts upon which the complaint is based and about why the employee believes the university has acted inappropriately
- Copies of all relevant documentation in the employee’s possession;
- A description of all of the documentation that the employee believes is relevant, but is not in the employee’s possession, and should be included with the grievance.
- A statement about what law, policy or institutional practice has been violated or inappropriately applied or not applied when it should have been. The statement should include the university action that has had an adverse impact on the employee who filed the grievance. The employee may consult with HR Employee Relations and/or an HR Professional to ensure that the grievance is covered by the grievance procedure.
- The outcome desired by the employee.
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Manager (or manager’s manager) must accept the grievance form from the employee and enter the date of receipt on the grievance form. Manager must notify HR Employee Relations of the receipt of the grievance within 3 business days.
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Within 10 business days of receipt of the grievance form, the manager provide a written response to the employee. An emailed response is acceptable. The response must accompany the grievance form and must outline whether the complaint qualifies as a grievance. Prior to the issuance of a response, manager consults with HR Employee Relations to determine if the complaint qualifies as a grievance.
- If the complaint does not qualify as a grievance, the manager indicates the reasons for this determination. If the employee does not agree with this response, the employee may advance the grievance to Level Two.
- If the complaint qualifies as a grievance, the manager states whether the complaint has merit and offers viable solutions to the employee. If the employee accepts one or more of the offered resolutions, the grievance is concluded. The employee signs the grievance form and sends a copy of the concluded grievance form to HR Employee Relations.
- If the employee does not accept any of the offered resolutions, the employee may advance the grievance to Level Two.
- If the outcome requested by the employee cannot be granted, the manager will indicate this decision in the response to the employee, and the employee may advance the grievance to Level Two.
- The outcome granted to the employee may differ from that requested by the employee. If the manager agrees that the outcome requested by the employee is reasonable and justified, but that outcome is beyond the authority of the manager, the manager seeks additional approvals, as necessary, to grant the outcome. This approval process must conclude within the timeframes outlined above for employee response.
- The employee must indicate his/her response to the grievance and either conclude the grievance or advance it to the Level Two Administrator within 10 days of receipt of the Level One Administrator response. If the employee fails to conclude or advance the grievance within 10 days of receipt of the Level One Administrator response, the grievance is administratively concluded.
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The employee submits the original grievance form and a statement about why the employee does not agree with the Level One grievance response to the next level of management (Level Two Administrator) within 10 business days of the date of the response from the manager. (Same grievance form)
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Level Two Administrator enters the date of receipt of the grievance form. The Level Two Administrator notifies HR Employee Relations within 3 days of receipt of the the Level Two grievance.
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Within 10 business days of receipt of the grievance form, the Level Two Administrator must schedule a meeting to be held as soon as feasible with the employee.
- The Level Two Administrator may ask the the employee’s manager (or manager’s manager) to attend the meeting.
- The employee may have another person of their choice at the meeting. The employee’s accompanying person may not actively participate in the meeting, but may be there to assist and support the employee.
- After the employee meeting, the Level Two Administrator must determine whether the employee’s outcome requested is reasonable and has merit. If the Level Two Administrator determines that the employee’s outcome requested is reasonable and has merit, the Level Two Administrator may grant the outcome requested or offer viable solutions to resolve the grievance in writing within 10 business days of the employee meeting. An emailed decision is acceptable.
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If the employee accepts the outcome offered by the Level Two Administrator, the employee concludes the grievance, signs the grievance form as concluded and submits a copy of the concluded grievance to central HR within 10 business days of receipt of the decision.
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If the Level Two Administrator agrees that the outcome requested by the employee is reasonable and justified, but that outcome is beyond the authority of the Level Two Administrator, Level Two Administrator may seek additional approvals as necessary to grant the outcome. The outcome granted to the employee may differ from that requested by the employee. If the response is satisfactory to the employee, the employee signs the grievance form and concludes the grievance. The employee sends a copy of the concluded grievance form to HR Employee Relations within 10 days of receipt of the decision.
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If the Level Two Administrator determines that the employee grievance does not have merit, the Level Two Administrator provides a written response to the employee within 10 business days of the employee meeting, and the response fully sets forth the reasons for the decision. An emailed decision is acceptable.
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If the employee does not agree with the Level Two Administrator response, including a finding of non grievability, the employee may proceed to Level Three.
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If the employee is not satisfied with the Level Two response, the employee may request a Level Three Panel Review.
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The employee must complete the Level Three Panel Review Request section on the grievance form, and submit that form to HR Employee Relations with all relevant supporting documentation. (The Record)
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The grievance form and The Record must be submitted to HR Employee Relations within 10 business days of the employee’s receipt of the decision from the Level Two Administrator.
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The employee's grievance form must clearly state the reasons for disagreement with the Level Two decision and explain why the grievance should qualify for a Level Three Panel Review. VCU Human Resources shall make a determination about whether the grievance qualifies for a Level Three Panel Review. Within 20 business days, VCU Human Resources shall communicate in writing to the employee a decision about whether or not the grievance qualifies and a Level Three Panel Review will be conducted.
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If VCU Human Resources determines that the grievance does not qualify for a Level Three Panel Review the employee’s grievance is concluded and no further appeal is permitted.
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If VCU Human Resources determines that the grievance does qualify for a Level Three Panel Review, please see the Guidelines for Conducting a Panel Hearing.