6.01 Scope of Chapter
This chapter applies to all grievances and complaints by or against appointed personnel of the University that are not provided for in Chapters 3, 4, and 5 of this Handbook. Those chapters set out rules and procedures for grievances and complaints concerning personnel matters, i.e., matters regarding appointment, performance evaluation, renewal, nonrenewal, promotion, continuing status, tenure, resignation, removal, suspension, dismissal, and releases due to institutional financial emergency or reorganization.
The rules and procedures in this chapter are established pursuant to the ABOR Conditions of Service and shall be construed so as not to conflict with any provision contained in those conditions or any provision contained in Chapters 3, 4, or 5 of this Handbook.
6.02 General Administrative Procedures
All grievances or complaints by or against appointed personnel shall be filed with and addressed first by the immediate administrative head of the individual about whom the grievance or complaint is made. All grievances or complaints shall be filed in writing no later than 90 days from the date on which the grievant or complainant becomes aware of the matter which gives rise to the grievance or complaint, except for compensation.
Grievances or complaints regarding compensation shall be filed no later than 30 days from the date the grievant or complainant receives notice of the matter which gives rise to the grievance or complaint.
The administrative head shall review the grievance or complaint and develop any factual information required for a decision on the matter. The administrator may consult with standing committees or appoint a special committee or an individual to investigate the matter. The administrator shall communicate his or her decision in writing to the grieving or complaining party and to the party against whom the grievance or complaint is made, stating the factual basis and reasons for the decision.
Within 10 days after receipt of the administrator's decision, the grieving or complaining party may appeal the decision to the next administrative level. Additional factual development may be undertaken at the next administrative level if deemed necessary. The decision at that next administrative level is not subject to further administrative review except as otherwise provided in this chapter.
6.03 Unlawful Discrimination Review Procedures
If a grievance or complaint contains an allegation of unlawful discrimination or other unconstitutional action and this aspect of the grievance or complaint is not resolved through administrative review under Section 6.02, the grievant or complainant may request the Provost's Office to investigate the matter. Where such a request is made, an Office of Institutional Equity or other appropriate investigation shall be conducted and a recommendation shall be made to the Provost that the matter be closed or that further action be taken to resolve the matter. The Provost may take any lawful action deemed appropriate to resolve the matter. The Provost's decision shall be final and is not subject to further administrative review.
6.04 Grievance Procedures
If a grievance or complaint by a member of the General Faculty (as defined in Article II, Section I of the Constitution of the General Faculty of the University of Arizona) is not resolved through administrative review under Section 6.02 or Section 6.03, the individual may utilize the Grievance Policy and Procedures for Faculty found in Article VII of the Bylaws of the General Faculty of the University of Arizona.
If a grievance or complaint by a faculty member or professional employee who is not a member of the General Faculty is not resolved through administrative review under section 6.02 or section 6.03, the individual may file a petition with the Committee on Conciliation and, if conciliation is not possible, then subsequently with the Committee on Academic Freedom and Tenure (CAFT).
6.05 Protection of Employees from Reprisal for the Disclosure of Information: Review Procedure
See ABOR policy 6-914 Protection of Employees from Reprisal for Whistleblowing.
Section 6.04 revised February 2011
Section 6.05 revised September 2002