Our contract gives every unit employee the right under Article #7 (page 18) to try and resolve disagreements over discrimination, affirmative action and conflict of interest under the contract in an orderly way by utilizing the campus-wide University Affirmative Action & Equal Opportunity Grievance Policy which is incorporated by reference in this contract.

Unit employees are protected while exercising their Article #7 rights. You have rights, and have a right to exercise your rights. Section #6 of Article #27 provides those protections as well as the University's Policy which shall be used "without fear of retaliation."

BASIS OF CHARGE:

An Affirmative Action and Equal Opportunity grievance has to be based on actions that deny you your legal rights (by being treated differently) based on race, sex, color, religion, age, marital status, national origin, mental or physical disability, veteran status, or sexual orientation. Such illegal actions are less favorable treatment of you than others based on any of the above factors--for which intent is important (which sometimes can be inferred from differences of treatment). Or, the impact of any practice that falls more harshly on a group you are part of due to any of the above factors that cannot be justified by business necessity--which does not require proof of intent.

Sexual harassment is prohibited, and is grievable through this procedure.

Conflicts of interest are prohibited. This is defined as participation directly in any decision on appointments, promotions, retention, or other conditions of employment over any parent, child, spouse, sibling, parent-in-law, sibling-in-law, child-in-law, or stepchild or the supervision of any such person, except where the chief executive officer waives this prohibition "in the best interests of the University."

FIRST STEP: Informal Procedure

Contact your Steward for help in filing a request for Informal Resolution with the AA & EO Office. There is no time limit provided for in the AA & EO Grievance Policy booklet, but it should be within a reasonable time.

The AA & EO Office will attempt to meet with the administrator closest to the situation and must conclude all attempts at informal resolution within thirty (30 calendar) days of the complaint--unless both parties agree in writing to an extension of the thirty day limit. You are not required to attempt an informal resolution before filing a formal grievance, but if you do choose this option, then you may not file a formal complaint prior to the thirty day limit, or before an informal settlement has been proposed, whichever comes first.

SECOND STEP: Formal Procedure

If you are dissatisfied with the Informal Procedure step, USA will assist you in filing a Formal Procedure grievance containing the allegations of discrimination in a written and signed statement with the AA & EO Office (305 Whitmore, 545-3464) within a reasonable time after the final time period provided for in Step 1.

The AA & EO Office will acknowledge receipt of the complaint within five (5) working days, and will interview you within fifteen (15) working days of their receipt of the second step appeal. The AA & EO Grievance Officer will brief you on the steps to be taken to resolve the specific complaint, and will then review your charge(s) for accuracy. At the end of that interview, you will sign the Initiation of Complaint Form (ICF).

The charge, based on the complaint, will be served by the AA & EO Office on the respondent within twenty (20) working days of the receipt of the complaint. All data and documents from the parties, and the rebuttal statements from the respondent are due within twenty (20) working days from the date the charge was served to the respondent.

Investigation by the AA & EO Office may not take more than forty-five (45) working days from the date of receipt of the statement from the respondent. Written findings of fact by the AA & EO Office must be sent within fifteen (15) working days of the conclusion of the investigation to you, the respondent, and the University Legal Counsel. Each party has ten (10) working days to respond with rebuttals to the findings.

The AA & EO Office will issue a written report and recommendations to the appropriate vice chancellor or executive officer within ten (10) working days after receipt of the rebuttals. The respondent and the complainant will both receive copies.

The appropriate vice chancellor or executive officer will respond to the report and recommendations within ten (10) working days by accepting, rejecting, or modifying the AA & EO Office recommendations.

Within five (5) working days of receipt of the response from the appropriate vice chancellor or executive officer, the AA & EO Office will notify the complainant and the respondent outlining the University's position.

THIRD STEP: Outside Appeal

If you are dissatisfied with the decision, at step two, you may seek to appeal your case to a state or federal compliance agency. Which agency you use would depend on the issue. Using the internal University Affirmative Action and Equal Opportunity Grievance Procedure does not deprive you of any other appeal process you are entitled to.