The University of Texas Health Science Center at Houston (“university”) encourages fair, efficient and equitable solutions for problems arising out of the employment relationship. The university strongly recommends individuals experiencing problems attempt to resolve them informally before exercising the grievance process. Employees should discuss the concerns openly with the individual with whom the problem exists.
Upon separation of an employee from the university, dispute resolution and grievance processes end.
For questions regarding this policy, contact the Human Resources – Employee Relations Department.
All classified, management administrative and professional, and academic administrative and professional employees who do not hold a faculty appointment are covered by this policy, including those who are within their probationary period, and those with temporary and casual appointments. Faculty members should consult HOOP Policy 4.24 Faculty Grievances. Postdoctoral fellows should consult HOOP Policy 7.02 Grievances: Postdoctoral/Research Fellows.
This policy covers complaints concerning wages, hours of work, working conditions, performance evaluations, merit raises, job assignments, reprimands, or the interpretation or application of a rule, regulation, or policy.
This policy does not apply to complaints from employees regarding suspension without pay, demotion or termination of employment due to disciplinary action. Appeals regarding such will be handled within the appeal process described in HOOP Policy 5.13 Disciplinary Actions for classified employees.
Complaints regarding harassment or discrimination should be addressed under the procedures in HOOP Policy 2.04 Discrimination and Harassment.
No employee will be penalized, disciplined or prejudiced for filing a grievance or for aiding another employee in the presentation of a grievance. Employees who believe they have been penalized, disciplined or prejudiced for doing so, should follow the procedures in HOOP Policy 2.17.1 Protection from Retaliation. Acts or threats of retaliation in response to grievances may subject the person retaliating to disciplinary action, up to and including termination, in accordance with HOOP Policy 2.17.1 Protection from Retaliation. Persons filing grievances with reckless disregard for the truth or in willful ignorance of the facts are excluded from protection and may be subject to disciplinary action.
To the extent permitted by law, the confidentiality of the grievance process and the related records and documents will be protected.
The university encourages communication between supervisors and employees in order to resolve workplace concerns promptly. If an employee has been unsuccessful in resolving concerns directly with his/her supervisor or manager, the employee is strongly encouraged to use the alternative dispute resolution process, if appropriate. Alternative Dispute Resolution is a process whereby an employee may mediate his or her dispute with trained mediators. It is a voluntary process and consists of meeting with the mediator and the identified party(ies) in a confidential setting. Employees should contact UT Counseling & WorkLife Services to begin this process.
If an agreement is not reached through these informal processes, the employee may then choose to pursue the Grievance Procedure outlined below.
If an employee is not comfortable handling the issues through the ADR process, the employee may proceed directly to the Grievance Procedure.
An employee cannot pursue an issue under the ADR process and the grievance process simultaneously.
Both the grievant and the recipient of a grievance are strongly encouraged to contact an Employee Relations Advisor in Human Resources at any point in the grievance process for guidance. The Human Resources – Employee Relations department must be copied on any correspondence.
To initiate a formal grievance, the employee shall present the grievance in writing to his or her supervisor within five working days from the date the ADR process was closed or from the date of the action that is the subject of the grievance. Relevant documents or any other information pertinent to the matter should also be provided. Once the grievance has been committed to writing, it cannot be changed.
If the supervisor is the subject of the grievance, the employee may file the grievance in writing with the department head. If the grievance concerns a reduction in force, the grievance must be initiated with the appropriate dean or senior management staff member. (Refer to HOOP Policy 5.15 Reductions in Force.)
Immediate supervisors and department heads must respond to the employee in writing within five working days of receipt of the grievance.
If the grievance is not satisfactorily resolved by the administrator or if the employee does not receive a response in accordance with the timelines outlined in this policy, the employee may submit a written response stating why the decision is unacceptable to the following persons in the following order:
The decision of the Executive Vice President, Chief Operating and Financial Officer, or designee, is final.
The next level grievance must be filed with the appropriate level of management within five working days of receipt of response of the lower level decision by the employee. The employee’s grievance to the next level stating why the decision is unacceptable must be in writing and describe clearly why the decision is not satisfactory.
The employee’s grievance must be responded to in accordance with the following timelines:
Failure to respond to the employee within the time limit allows the grievant to automatically submit the grievance to the next level of management. A time limit may be extended for good cause by the Chief Human Resources Officer
The written grievance and any and all decisions or responses regarding such complaints shall be part of the employee record.
Updated 7/04, 2/09