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PSE-8 Staff Appeal Procedure

Policy: PSE-8
Subject: Staff Appeal Procedure
Approval Date: 07/01/85
Revision Date: 03/26/87; 08/08/19
Last Review Date: 08/08/19

PURPOSE:

To provide for resolution of a claim by a regular full-time or continuing part-time staff member that his/her rights under announced rules or regulations have not been respected.  This procedure also may be utilized by a small group of staff members who share the same claim. This procedure does not apply to a staff member during the probationary period or to claims of alleged discriminatory acts, including sexual harassment. Claims of alleged discriminatory acts are handled in accordance with PG-5. This staff appeal procedure may be used without fear of prejudice.

GROUP APPEAL:

The term "staff member" in this procedure shall include individuals or up to three staff members representing an aggrieved group. 

INFORMAL RESOLUTION:

Any matter to be considered under this procedure must be discussed between the staff member and the immediate supervisor within one calendar week from the date the staff member first has knowledge of the circumstances giving rise to the issue. If the staff member is not satisfied with the supervisor's answer to the informal appeal, the staff member may proceed to the next step within five work days from the date of the supervisor's answer.

STEP ONE:

The staff member will put the appeal in writing on a Staff Appeal and Complaint form obtained from the Office of Human Resources. The staff member will present two copies to the supervisor and retain one copy. A meeting is then held within the next five work days of the request and is attended by the staff member, his/her immediate supervisor, the next higher supervisor, and other University representatives that may be concerned. At this step, the staff member may be accompanied by another University employee of the staff member's choosing from the staff member's department, except if it is a group grievance, up to three staff members within an aggrieved group may attend and represent the group. A written answer shall be provided to the staff member within five work days of the hearing.

STEP TWO:

If the staff member is not satisfied with the step one answer, the staff member will request a step two hearing in writing, within five work days of the step one answer.  A meeting is then held within the next five work days of the request and is attended by the staff member, the appropriate supervisor(s) or a designee, the Director of Human Resources or a designee, and any other University representatives directly concerned. At this step, the staff member may be accompanied by up to two staff members of the staff member's choosing, except if it is a group grievance. In the event of a group grievance, up to three staff members within an aggrieved group may attend, and represent the group. A written answer shall be provided to the staff member within five work days of the hearing.

STEP THREE:

If the staff member is not satisfied with the step two answer, the staff member will request a step three hearing, in writing, within five work days of the step two answer. The hearing is conducted by a panel of three impartial persons appointed by the Director of  Human Resources. The hearing may be attended by all persons present at the step two hearing. The panel will apply and interpret existing rules and regulations to the case at hand and make recommendation(s) for action as expeditiously as possible to the President of the University. The President shall make a ruling in the matter after considering the recommendation(s) for action.

DISMISSAL APPEAL:

An appeal on dismissal from employment shall begin at step two.

SPECIAL MEETINGS:

By mutual agreement, special meetings between the staff member

and University representatives involved at each step may be scheduled on an informal basis at any time during the procedure in order to seek resolution of the matter.

TIME OFF FOR APPEAL HEARINGS:

Staff members shall not lose pay for any time not on the job if

their presence is required at appeal hearings or special meetings with the University as provided by this procedure. A staff member shall not be paid for any time present during the processing of an appeal if such time falls outside the employee's normal work hours.

TIME LIMITS:

If a staff member does not request further review at any step in this procedure within the time limits specified, it shall be assumed that the staff member is satisfied. Time limits may be extended by mutual agreement in writing between the staff member and the University. University holidays shall not be applied in computing time limits, and all time limits here in specified shall be deemed to be exclusive of Saturdays and Sundays.

Contact Human Resources

Human Resources

301 Howell-McDowell
Morehead, KY 40351

EMAIL: humanresources @moreheadstate.edu
PHONE: 606-783-2097

View Human Resources Staff