UW-Stevens Point – GEN 24 UPS Operational Policy

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UW-Stevens Point

UPS Operational Policy – GEN 24

SUBJECT: Complaint Procedures

______________________________________________________

Original Issue Date: July 1, 2015

1.

Policy Purpose

This policy establishes procedures to deal with allegations concerning the conduct of university staff that violates the rules or policies of UW-Stevens Point or which adversely affects the university staff member’s performance or obligation to the university. Complaints may be submitted by other university staff, faculty, academic staff, administrators, students or members of the public. Chapter UWS 18 of the Wisconsin Administrative Code regulates conduct on all

UW System property.

Issues that may be addressed include, but are not limited to:

 intentional physical harm or intimidation

 bullying

 abusive language or swearing

 lack of respect or being discourteous to others

 improper use of campus resources

 breach of confidentiality

Note: If the issue involves witnessing or experiencing an act committed against any person, group, or property which discriminates, stereotypes, harasses, or excludes anyone based on some part of their identity, report it to the campus EEO/AA Officer. Complete the form available online at (provide hyperlink to online form when available). You are also encouraged to contact the Department of Human

Resources and Affirmative Action to speak to someone directly.

2.

Complaint Procedure

Prior to filing a formal complaint, individuals are encouraged to first seek resolution of their complaint through informal discussions with the employee or his/her supervisor. If such a discussion does not resolve the matter, or if the individual does not feel comfortable addressing it with the employee or his/her supervisor, the individual may file a formal complaint following the procedures set forth in this policy.

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Step One:

If an attempt has been made to resolve the issue or if the individual does not feel comfortable addressing it with the employee or his/her supervisor, the matter shall be addressed with the

Department of Human Resources and Affirmative Action. Within 30 calendar days after the alleged misconduct, the complaint should be made in person, by phone, or in writing. The complainant will be asked to:

 explain the nature of the complaint and the specific circumstances at issue

 identify specific witnesses, if applicable, who may provide supporting evidence

 provide complainant contact information (phone, email)

 state the specific and complete remedy sought

A form is available to complete but is not required (see Attachment #1).

A representative from the Department of Human Resources and Affirmative Action will offer to meet with the complainant.

Upon review of the complaint, The Department of Human Resources and Affirmative Action or designee will determine the follow-up action, and if deemed appropriate, notify the accused. Possible actions:

 dismiss the complaint

 informal resolution/mediation process

 refer to the grievance another process (e.g., grievance or discrimination/harassment)

 complete an investigation to determine other appropriate steps

 invoke appropriate disciplinary action (the affected staff member may file a grievance as identified in the UWSP Grievance Policy

The Director of Human Resources and Affirmative Action or designee will notify the complainant as soon as soon as possible, but not later than 30 calendar days of the determination and explain the steps of the process, if applicable.

Step Two:

If the complainant feels the issue has not been satisfactorily resolved, an appeal may be written, signed, and submitted to the Chancellor within 10 calendar days of The Department of Human

Resources’ and Affirmative Actions’ resolution of the complaint. The written appeal should:

 explain the nature of the complaint and identify the rights, procedures, or policies violated

 include the determination made by The Department of Human Resources and

Affirmative Action and steps taken to resolve issue

 state specific witnesses, if applicable, who may provide supporting evidence

 provide complainant contact information (phone, email)

 state the specific and complete remedy sought

The Chancellor or designee may make a further investigation of the allegations and shall:

 dismiss the complaint

 uphold the appeal and refer the complaint to the University Staff Council (USC)

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The Chancellor or designee will offer to meet with the complainant.

The Chancellor or designee shall notify the complainant, in writing, as soon as possible, but not later than 30 calendar days of the decision to either dismiss the complaint or forward it to the

USC.

If the complaint is referred to the University Staff Council, the University Staff Grievance and

Appeals Committee shall hold a hearing not more than 30 calendar days from the date in which it was referred from the Chancellor or designee. The affected parties shall be given at least 10 calendar days’ notice for the hearing. The time limit may be extended by mutual consent of the parties.

The University Staff Grievance and Appeals Committee panel shall consist of 5 University Staff chosen randomly from a balanced pool of volunteers recruited by the University Staff Council. This panel is the

Independent Hearing Officer (IHO) panel that is created each year to also hear grievances. A member shall be disqualified from serving if he/she participated in bringing the allegations against the university staff member or is the party at which the complaint is directed.

The findings and recommendation of the University Staff Grievance and Appeals Committee shall be reported in writing to the Chancellor. The recommendation may be for:

 dismissal of the complaint

 appropriate disciplinary action

 other corrective action

The Chancellor or designee will notify the complainant of the final decision within 15 calendar days.

3.

Retaliation

Retaliation against individuals who initiate staff complaints or cooperate with the investigation is contrary to university policy. Retaliation is defined as adverse action taken against an individual in response to, motivated by, or in connection with an individual’s complaint of discrimination or discriminatory harassment, participation in an investigation of such complaint, and/or opposition of discrimination or discriminatory harassment in the educational or workplace setting. At the University of Wisconsin – Stevens Point, retaliation against an employee or students is also a form of discrimination and will not be tolerated. Retaliatory behavior is itself a form of misconduct that may form the basis for disciplinary action.

4.

Records Maintenance

The Department of Human Resources and Affirmative Action will maintain complaint records and evidence in confidential files. Documents will not be placed in employee personnel files unless disciplinary action has occurred at which time a letter will be placed in the personnel file.

5.

Policy Maintenance

The Department of Human Resources and Affirmative Action will maintain this policy.

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6.

Related Documents/References

UW System Operational Policy GEN 24 – Complaint Procedures

UW System Operational Policy WE3 – Workplace Expectations

UWSP Workplace Expectations Local Policy [add link once we have]

UWSP Grievance Local Policy

UWS 18, Wis. Adm. Code

Discrimination Policy

For information about the operation of the complaint procedure or how to file a complaint, contact

The Department of Human Resources and Affirmative Action.

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ATTACHMENT #1

UW-STEVENS POINT COMPLAINT FORM

(attach form when available)

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POSSIBLE ACTIONS

Mediation

Grievance

Investigation

Complaint Dismissal

Disciplinary Action

UW-STEVENS POINT

COMPLAINT PROCEDURE

ATTACHMENT #2

INCIDENT

INFORMAL RESOLUTION

ATTEMPT

(If resolved)

COMPLAINT

CLOSED

(If unable to resolve)

HUMAN RESOURCES

DETERMINATION

MADE-

COMPLAINT CLOSED

CHANCELLOR

(Complainant does not agree with determination made by

Human Resources – appeal filed with Chancellor)

COMPLAINT

DISMISSAL OR

UNIVERSITY STAFF

COUNCIL

FINAL DETERMINATION

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