SHRA Grievance and Appeal

Policy 601.6

1 Introduction

1.1 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.

1.2 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 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 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.

3 Definitions

3.1 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.

3.2 State Employee

is any employee subject to the State Personnel Act and who is not a career State employee.

3.3 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.

3.4 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:

1. Unwelcome jokes about disability, race, sex, sexual orientation, etc.
2. Offensive or degrading physical contact or coercive behavior, including stroking, patting or similar physical contact.
3. Pictures, posters, graffiti or written materials displayed in a workplace or classroom which are offensive or obscene.
4. Excluding individuals from meetings or University activities due to their religious beliefs or other protected class status.

3.5 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.

3.6 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.

3.7 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:

1. Promising a promotion or higher grade if an individual acquiesces to sexual advances.
2. Denying an employee a pay raise after the employee has declined a request for sexual favors from a supervisor.

3.8 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.

3.9 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.

3.10 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.