SHRA Grievance and Appeal: Difference between revisions

Latest revision as of 15:13, 17 August 2023

Policy 601.6

NOTE: For purposes of all Appalachian State University policies, references to SPA (subject to the State Personnel Act [former terminology]) shall be interchangeable with SHRA (subject to the State Human Resources Act [current terminology]); and references to EPA (exempt from the State Personnel Act [former terminology]) shall be interchangeable with EHRA (exempt from the State Human Resources Act [current terminology]).

Introduction

1.1 Appalachian State University (ASU) has established this grievance and appeal process in order to comply with the University of North Carolina System SHRA Employee Grievance Policy, as it may be amended from time to time. The purpose of this policy is to allow for prompt, fair, and orderly resolution of disputes arising out of employment, consistent with goals approved by the State Human Resources Commission.

1.2 This policy will be posted in the ASU Policy Manual and will be available in hard copy and electronically from the Office of Human Resources. New SHRA employees will be informed of these grievance and appeal procedures during the new employee orientation session. In the event there is a change to these procedures, SHRA employees will be notified no later than 30 days prior to the effective date of the change.

Scope

2.1 This process applies to former employees and employees in positions that are subject to N.C. Gen. Stat. § 126-1 et seq. (the State Human Rights Act). This process also applies to applicants for positions that are subject to the State Human Rights Act. A covered person's rights to file a grievance under this process will depend upon the person's status (e.g., former employee, applicant, career State employee, probationary State employee) and whether the person has presented a grievable issue under the process.

Definitions

3.1 The definitions set forth in - The University of North Carolina System SHRA Employee Grievance Policy are incorporated in their entirety. The term “University” as incorporated in this policy shall refer to Appalachian State University.

Policy and Procedure Statements

4.1 Appalachian State University adopts as its policy The University of North Carolina System SHRA Employee Grievance Policy, as it may be amended from time to time. That policy is incorporated here in its entirety.

Additional References

Policy 108 Equal Opportunity

Policy 110 Discrimination, Harassment, Retaliation, and Sex-Based Misconduct

SHRA Employee Grievance Form

Authority

Age Discrimination in Employment Act (29 U.S.C. § 621, et seq.)
Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101, et seq.)
Title II, Civil Rights Act of 1964, as amended (42 U.S.C. 2000a, et seq.)
Title VI, Civil Rights Act of 1964, as amended (42 U.S.C. 2000d, et seq.)
Title VII, Civil Rights Act of 1964, as amended (42 U.S.C. 2000e, et seq.)
Fair Labor Standard Act (29 U.S.C. 201, et seq.)
Family Medical Leave Act (29 U.S.C. 2601, et seq.)
Persons With Disabilities Protection Act (N.C.G.S. §168A-1, et seq.)
Rehabilitation Act of 1973, as amended (29 U.S.C. 701 et seq.)
Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301, et seq.)
Title II, Genetic Information Nondiscrimination Act of 2008 (PL 110-233)
Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended (38 U.S.C. 4212 et seq.)
N.C.G.S. § 95-241 (Discrimination and retaliation prohibited)
N.C.G.S. §126-1.1 (Career state employee defined)
N.C.G.S. §126-5 (Employees subject to State Personnel Act; exemptions)
N.C.G.S. §126-7.1 (Posting requirement; State employees receive priority consideration; reduction-in-force rights; Work First hiring)
N.C.G.S. §126-14 (Promise or threat to obtain political contribution or support)
N.C.G.S. §126-14.1 (Threat to obtain political contribution or support)
N.C.G.S. §126-14.2 (Political hirings limited)
N.C.G.S. §126-16 (Equal opportunity for employment and compensation by State departments and agencies and local political subdivisions)
N.C.G.S. §126-17 (Retaliation by State departments and agencies and local political subdivisions)
N.C.G.S. §126-34 (Grievance appeal for career State employees)
N.C.G.S. §126-34.1 (Grounds for contested case under the State Personnel Act defined)
N.C.G.S. §126-36 (Appeal of unlawful State employment practice)
N.C.G.S. §126-38 (Time limit for appeals)
N.C.G.S. §126-82 (Veterans preference)
N.C.G.S. §126-85 (Time limit for appeals)
N.C.G.S. §168A-3 (Definitions in the North Carolina Persons With Disabilities Protection Act)
N.C.G.S. §168A-5 (Discrimination in employment; exemptions)
N.C.G.S. §168A-10 (Retaliation prohibited)
25 NCAC 01J .0600 (Disciplinary Action; Suspension and Dismissal)
25 NCAC 01J .1100 (Unlawful Workplace Harassment)
25 NCAC 01J .1200 (Employee Grievances)
25 NCAC 01J .1300 (Employee Appeals and Grievance Process)

Contact Information

Office of Human Resources, 828.262.6769

Original Effective Date

November 22, 2011

Revision Dates

October 17, 2014

August 29, 2016

November 20, 2017

@@ Line 1: / Line 1: @@
 Policy 601.6
+:NOTE:  For purposes of all Appalachian State University policies, references to SPA (subject to the State Personnel Act [former terminology]) shall be interchangeable with SHRA (subject to the State Human Resources Act [current terminology]); and references to EPA (exempt from the State Personnel Act [former terminology]) shall be interchangeable with EHRA (exempt from the State Human Resources Act [current terminology]).
 == Introduction ==
-.1 Appalachian State University (ASU) has established this grievance and appeal process in order to comply with the NC State Personnel Commission rules and Office of State Personnel’s requirements and to ensure the fair, orderly, and prompt resolution of various work-related disputes.
+.1 Appalachian State University (ASU) has established this grievance and appeal process in order to comply with the University of North Carolina System SHRA Employee Grievance Policy, as it may be amended from time to time.  The purpose of this policy is to allow for prompt, fair, and orderly resolution of disputes arising out of employment, consistent with goals approved by the State Human Resources Commission.
-.2 This policy will be posted in the ASU Policy Manual and on ASU Human Resource’s website.  It will be available in hard copy from Human Resources-Employee Relations Division. New SPA employees will be informed of these grievance and appeal procedures during the new employee orientation session. In the event there is a change to these procedures, SPA employees will be notified no later than 30 days prior to the effective date of the change.
+.2 This policy will be posted in the ASU Policy Manual and will be available in hard copy and electronically from the Office of Human Resources. New SHRA employees will be informed of these grievance and appeal procedures during the new employee orientation session. In the event there is a change to these procedures, SHRA employees will be notified no later than 30 days prior to the effective date of the change.
 == Scope ==
-.1 This process applies to former employees and employees in positions that are subject to N.C. Gen. Stat. § 126-1 et seq. (the State Personnel Act). This process also applies to applicants for positions that are subject to the State Personnel Act. A covered person's rights to file a grievance under this process will depend upon the person's status (e.g. former employee, applicant, career State employee, temporary employee) and whether the person has presented a grievable issue under the process.
+.1 This process applies to former employees and employees in positions that are subject to N.C. Gen. Stat. § 126-1 et seq. (the State Human Rights Act). This process also applies to applicants for positions that are subject to the State Human Rights Act. A covered person's rights to file a grievance under this process will depend upon the person's status (e.g., former employee, applicant, career State employee, probationary State employee) and whether the person has presented a grievable issue under the process.
 == Definitions  ==
-=== Definition phrase or word ===
+.1 The definitions set forth in  [https://oshr.nc.gov/policies/discipline-appeals-grievances/employee-grievance-policy  - The University of North Carolina System SHRA Employee Grievance Policy] are incorporated in their entirety.  The term “University” as incorporated in this policy shall refer to Appalachian State University.
-: Definition summary
-=== Career State Employee
-:is an employee who is in a permanent position appointment and has been continuously employed by the State of North Carolina in a position subject to the State Personnel Act for the immediate 24 preceding months.
-=== State Employee ===
-:is any employee subject to the State Personnel Act and who is not a career State employee.
-=== Grievable Issue ===
-:an issue that may be the subject of a grievance under this policy based on a covered person's status and as designated specifically in Section 4.
-=== Hostile Work Environment ===
-:is one that both a reasonable person would find hostile or abusive and one that the particular person who is the object of the harassment perceives to be hostile or abusive.  Hostile environment is determined by looking at all of the circumstances, including the frequency of the allegedly harassing conduct, its severity, whether it is physically threatening or humiliating, and whether the conduct unreasonably interferes with an individual’s work performance, academic advancement, or access to University services.  Examples of conduct that could create or could contribute to hostile environment harassment may include:
-#Unwelcome jokes about disability, race, sex, sexual orientation, etc.
-#Offensive or degrading physical contact or coercive behavior, including stroking, patting or similar physical contact.
-#Pictures, posters, graffiti or written materials displayed in a workplace or classroom which are offensive or obscene.
-#Excluding individuals from meetings or University activities due to their religious beliefs or other protected class status.
-=== Impermissible Discrimination ===
-:is failure or refusal to hire an applicant, discharge of an employee, or discrimination against an employee with respect to compensation or other terms, conditions or privileges of employment because of the applicant’s or employee’s sexual orientation or gender identity and expression.
-=== Impermissible Workplace Harassment ===
-:is unwelcome and unsolicited speech or conduct based upon a person's sexual orientation or gender identity or expression that creates a hostile work environment or involves quid pro quo.
-=== Quid Pro Quo Harassment ===
-:consists of unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, academic advancement, or access to University services, or (2) submission to or rejection of such conduct by an individual is used as the basis for decisions affecting that individual related to employment, academic advancement, or access to University services.
-Examples of quid pro quo harassment may include:
-#Promising a promotion or higher grade if an individual acquiesces to sexual advances.
-#Denying an employee a pay raise after the employee has declined a request for sexual favors from a supervisor.
-=== Retaliation ===
-:is failure or refusal to hire an applicant, discharge or demotion of an employee, or other discrimination against an employee with respect to compensation or other terms, conditions or privileges of employment because that person filed a complaint about or otherwise opposed harassment or other forms of discrimination, or provided information relative to a complaint, or was involved in the complaint in any way.
-=== Unlawful Discrimination ===
-:is failure or refusal to hire an applicant, discharge of an employee, or discrimination against an employee with respect to compensation or other terms, conditions or privileges of employment because of the applicant’s or employee’s race, color, religion, creed, sex, national origin, age, political affiliation, veteran status, disability, or genetic information.
-=== Unlawful Workplace Harassment ===
-:is unwelcome and unsolicited speech or conduct based upon an employee’s race, sex, creed, religion, national origin, age, color, disability, veteran's status, political affiliation, or genetic information that creates a hostile work environment or involves quid pro quo.
-'''NOTE''':  Unless the specific terms or context of this policy indicate otherwise, all references to “harassment” and “discrimination” include both unlawful harassment and discrimination and impermissible harassment and discrimination.
 == Policy and Procedure Statements  ==
+.1 Appalachian State University adopts as its policy [https://oshr.nc.gov/policies/discipline-appeals-grievances/employee-grievance-policy The University of North Carolina System SHRA Employee Grievance Policy], as it may be amended from time to time.  That policy is incorporated here in its entirety.
-=== Example policy 1 ===
 == Additional References ==
+:[http://policy.appstate.edu/Equal_Opportunity Policy 108 Equal Opportunity]
+:[http://policy.appstate.edu/Discrimination,_Harassment,_Retaliation_and_Sex-Based_Misconduct Policy 110 Discrimination, Harassment, Retaliation, and Sex-Based Misconduct]
+:[http://hrs.appstate.edu/hr-services/policies-and-forms/employee-relations-forms SHRA Employee Grievance Form]
 == Authority ==
+#Age Discrimination in Employment Act (29 U.S.C. § 621, et seq.)
+#Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101, et seq.)
+#Title II, Civil Rights Act of 1964, as amended (42 U.S.C. 2000a, et seq.)
+#Title VI, Civil Rights Act of 1964, as amended (42 U.S.C. 2000d, et seq.)
+#Title VII, Civil Rights Act of 1964, as amended (42 U.S.C. 2000e, et seq.)
+#Fair Labor Standard Act (29 U.S.C. 201, et seq.)
+#Family Medical Leave Act (29 U.S.C. 2601, et seq.)
+#Persons With Disabilities Protection Act (N.C.G.S. §168A-1, et seq.)
+#Rehabilitation Act of 1973, as amended (29 U.S.C. 701 et seq.)
+#Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301, et seq.)
+#Title II, Genetic Information Nondiscrimination Act of 2008 (PL 110-233)
+#Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended (38 U.S.C. 4212 et seq.)
+#N.C.G.S. § 95-241 (Discrimination and retaliation prohibited)
+#N.C.G.S. §126-1.1 (Career state employee defined)
+#N.C.G.S. §126-5 (Employees subject to State Personnel Act; exemptions)
+#N.C.G.S. §126-7.1 (Posting requirement; State employees receive priority consideration; reduction-in-force rights; Work First hiring)
+#N.C.G.S. §126-14 (Promise or threat to obtain political contribution or support)
+#N.C.G.S. §126-14.1 (Threat to obtain political contribution or support)
+#N.C.G.S. §126-14.2 (Political hirings limited)
+#N.C.G.S. §126-16 (Equal opportunity for employment and compensation by State departments and agencies and local political subdivisions)
+#N.C.G.S. §126-17 (Retaliation by State departments and agencies and local political subdivisions)
+#N.C.G.S. §126-34 (Grievance appeal for career State employees)
+#N.C.G.S. §126-34.1 (Grounds for contested case under the State Personnel Act defined)
+#N.C.G.S. §126-36 (Appeal of unlawful State employment practice)
+#N.C.G.S. §126-38 (Time limit for appeals)
+#N.C.G.S. §126-82 (Veterans preference)
+#N.C.G.S. §126-85 (Time limit for appeals)
+#N.C.G.S. §168A-3 (Definitions in the North Carolina Persons With Disabilities Protection Act)
+#N.C.G.S. §168A-5 (Discrimination in employment; exemptions)
+#N.C.G.S. §168A-10 (Retaliation prohibited)
+#25 NCAC 01J .0600 (Disciplinary Action; Suspension and Dismissal)
+#25 NCAC 01J .1100 (Unlawful Workplace Harassment)
+#25 NCAC 01J .1200 (Employee Grievances)
+#25 NCAC 01J .1300 (Employee Appeals and Grievance Process)
 == Contact Information ==
+:Office of Human Resources, 828.262.6769
+== Original Effective Date ==
-== Effective Date ==
+:November 22, 2011
 == Revision Dates ==
+:October 17, 2014
+:August 29, 2016
+:November 20, 2017
+[[Category:Contents]]
+[[Category:Human Resources]]
+[[Category:Hiring and Separation]]