166.00 FORMAL GRIEVANCE PROCEDURES

University policies prohibit discrimination on the basis of sex. A formal grievance is based on an allegation that discrimination on the basis of sex has occurred in the form of sexual harassment, and that the grievant has been adversely affected by the administration's action or non-action in the matter.

166.10 Applicability of Existing Grievance Procedures

As a result of the pre-grievance process, the investigator will issue a report which may provide a basis for management action. If the complainant is not satisfied that management action has resolved the complaint, or if there has been no action, the complainant may wish to file a formal grievance. To be accepted into a formal process, such grievance must meet all the conditions for acceptability under the applicable grievance or complaint resolution policy or contract article.

166.11

Which policy or article applies is dependent upon the status of the grievant: Staff Personnel Policy 280, or 290, Administrative and Professional Staff Program Personnel Policy 190, Management and Professional Program Personnel Policy 70 or Executive Program Personnel Policy 22 for non-represented staff employees; Academic Personnel Manual 140 for non-represented non-Senate Academic appointees; the Student Grievance procedure for non-academic complaints of discrimination on the basis of sex or other non-academic student grievance procedure approved by the President (see Section 110.00 of these Policies); Academic Senate procedures for members of the Academic Senate; or, for exclusively represented employees, the grievance procedure of the Memorandum of Understanding, where applicable.

166.12

Under formal procedures, the grievance must allege a violation of the applicable University nondiscrimination policy. The single issue of dissatisfaction with a management action taken in disciplining an alleged harasser, or with the fact that no action has been taken, would not provide access to formal grievance procedures.

166.20 Representation

The grievant may be self-represented or may be represented by another person. However, any person who has served in a sexual harassment information center or as a CRO shall not represent the grievant in the formal proceeding.

166.30 Extension of Time for Filing

Time limits for filing formal grievances under applicable grievance policies may be extended if the grievant initiated the pre-grievance process within the applicable time limits for filing a formal grievance. Except as otherwise provided in campus student grievance procedures implementing Section 110.00 of these Policies,the formal grievance must be received by the appropriate office within thirty calendar days after the date on which the responsible administrator informs the grievant of a management action taken as a result of the investigator's report or that no action will be taken. If the grievant did not initiate pre-grievance procedures within the time limits of the applicable formal grievance procedure, the CRO may, under the appropriate circumstances, recommend to the appropriate administrator an extension of the filing deadline for a formal grievance.

166.40 Informal Steps

The investigation and mediation process performed by the CRO, as detailed in Section 165.00 of these Policies, Pre-grievance Complaint Resolution Process, constitutes the informal or first step of formal grievance procedures. Students may also avail themselves of the informal procedures adopted by their respective campuses pursuant to Section 110.00 of these Policies.

166.50 Remedy

The remedy cannot exceed restoring the pay, benefits, or rights lost by the grievant, less any compensation from any source. Management prerogatives, including but not limited to discipline of an individual, are not remedies available to the grievant.

166.60 Confidentiality

Regulations established pursuant to the specific procedure being implemented govern the hearing processes and access to documents.

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