NUMBER:   HR 1.42
SECTION:  Human Resources     

SUBJECT:  Grievance                               

DATE:     August 1988
REVISED:  May 12, 2004
                     
Policy for:     All Campuses
Procedure for:  All Campuses
Authorized by:  Jane M. Jameson
Issued by:      Division of Human Resources
________________________________________________________________

I.   Policy

     A.   This policy sets forth the procedure by which permanent
classified and unclassified administrative employees of the
University of South Carolina are given the right to a fair review
of employment-related complaints, pursuant to regulations of the
South Carolina Office of Human Resources.  Excluding employees
exempted by Section 8-17-370 of the South Carolina Code of Laws,
temporary and/or probationary employees, student employees, and
certain contract employees, a grievance may be brought in
accordance with this policy.

     B.   Non-Reprisal
          An employee will be free from restraint, interference,
coercion or reprisal in bringing a grievance, serving as a
representative of a grievant, appearing as a witness or in
seeking information about the grievance policy.

     C.   Actions Which May Be Appealed
          1.   Actions which may be grieved include dismissals,
suspensions, involuntary reassignments, and demotions.
               a.   An involuntary reassignment is defined as the
movement of an employee's principal place of employment in excess
of 30 miles from the prior work station at the initiative of the
University.
               b.   In the case of a reduction-in-force or
reorganization, the reassignment of an employee by the University
in excess of 30 miles from the prior work station to the nearest
work-site with an available position of comparable status for
which the employee is qualified is not considered an involuntary
reassignment.
               c.   An employee who is promoted and subsequently
demoted prior to serving six months of satisfactory service in
the higher classification may not appeal the demotion unless the
demotion results in the employee occupying a lower classification
than the classification held prior to the promotion.
          2.   Matters which may not be grieved include but are
not limited to performance appraisals, letters of warning or
reprimand, voluntary resignations and voluntary acceptance of a
demotion or reassignment.
          3.   Promotion, compensation, reduction-in-force or
reclassification may not be grieved except under the following
circumstances:  
               a.   The failure to be promoted may not be
grieved; however, where an allegation is made that the employee 
was excluded from consideration for promotion to a position
greater than one organizational level above his or her current
level for which he or she was qualified when the promotional
opportunity occurred, and the employee applied or would have
applied if he or she had known of the promotional opportunity,
and the Director of the South Carolina Office of Human Resources
determines that there is a material issue of fact or conclusion
to be drawn from the facts of the allegation, then the promotion
is considered a proper action for grievance.
               b.   Compensation is not deemed a proper subject
for consideration under the grievance procedure except as it
applies to alleged inequities within the University or salary
decreases based on the results of EPMS evaluations.  Compensation
may not be grieved if it represents a challenge to the structure
of the Classification and Compensation system.  
               c.   A reduction-in-force may not be appealed by
an affected employee unless the appeal is based on an
inconsistent or improper application of a reduction-in-force
policy, procedure or plan.  
               d.   A reclassification will not ordinarily be
deemed an action which may be grieved as a demotion; however, if
an allegation is made that a reclassification is punitive and the
Director of the South Carolina Office of Human Resources
determines that there is a material issue of fact or conclusion
to be drawn from the facts of the allegation, then the
reclassification will be deemed a proper action for grievance.

     D.   Time Limits of Grievance Actions
          1.   There is a time period of 14 calendar days in
which an employee may file a grievance which begins at Step 1 of
the University Grievance policy.
          2.   The 14-day period begins with the effective date
of the action the employee is grieving.  If the employee was not
notified of the action on the date it occurred, the 14 days will
begin on the date the employee was notified.
          3.   After the 14-day limit has expired, the employee
forfeits the right of appeal under this policy.  If appeals are
routed through the U.S. Postal Service or any other bonded or
licensed carrier, the time limit will have been met if the appeal
is postmarked within the 14-day limit.
          4.   Failure by the grievant to comply with the time
limits within each step will result in forfeiture of the right to
appeal to subsequent levels.
          5.   Failure by University officials to comply with
time limits within each step will allow the grievant to appeal
directly to the next administrative level.
          6.   The internal time periods may be waived upon the
mutual written agreement of both parties.
          7.   Time deadlines which fall on a Saturday, Sunday or
an official University holiday will be extended to the next
regularly scheduled workday.
          8.   The University will make a final decision on a
grievance appeal within 45 calendar days of the initiation of the
grievance by the employee.
          9.   Failure by the University to make a final decision
on the appeal within 45 calendar days of the initiation of the
grievance by the employee will be considered an adverse decision,
and the employee may thereafter appeal to the State Employee
Grievance Committee as specified in Section II. H. of this
policy.
          10.  The 45-calendar-day period for action by the
University may not be waived except by mutual agreement if a
court action is pending.

II.  Procedure

     A.   Notice of Appealable Actions
          1.   Each notice of an appealable action must be in
writing.  A voluntary acceptance of an appealable action on the
part of an employee must also be in writing.  
          2.   The notice must advise the employee of the action
taken and, except in cases of written voluntary acceptance of the
action, of the employee's right to appeal the action through the
University Grievance policy.

     B.   Employee Assistance by Adviser or Counsel
          Employees may be assisted by an adviser or counsel at
any stage in the grievance process; however, the Vice President
for Human Resources must be notified of such representation no
later than one week prior to review by the Board of Review.  The
department may also have legal representation.


     C.   Consultation With Immediate Supervisor
          1.   University employees have the right to seek
redress of complaints through consultation with the immediate
supervisor.  If followed in good faith by both the employee and
the supervisor, this consultation should lead to a fair and
prompt solution of daily employer-employee problems.  However, if
the complaint is not resolved and the complaint is an action
which is subject to appeal through the University Grievance
policy, the employee may present the grievance in writing to the
department chair at Step 1.
          2.   In the event the immediate supervisor is the
source of the complaint and the complaint is an action subject to
appeal through the University Grievance policy, the grievant may
waive the meeting with the supervisor and present the grievance
in writing to the department chair at Step 1.

     D.   Steps of the Grievance Review
          1.   Step 1
               a.   Step 1 of the grievance appeal is the point
at which the grievance comes under formal consideration by the
employee's department chair.  The appeal must be in writing, must
state specifically what is being grieved, what relief is being
sought, and must include a report on efforts to settle the
complaint informally.  Facts which may be of assistance in
arriving at a prompt and definitive resolution should also be
included. 
               b.   The Step 1 official will consider and answer
the grievance in writing not later than seven calendar days
following the receipt of the written appeal.  If the Step 1
official fails to respond within seven calendar days or if the
employee is not satisfied with the decision, the employee may
appeal in writing to the designated University official at Step
2.
          2.   Step 2
               a.   Step 2 is an appeal to the designated
University official at the level prior to the President, normally
a Vice President or Chancellor or his or her designee.
               b.   The appeal must be made in writing within
three calendar days following receipt of the response from Step
1.  A copy of the written appeal and prior appeals and responses
must be attached.  
               c.   The Step 2 official will review the facts and
may conduct consultations with the parties involved or take other
action necessary to render a decision.  The Step 2 official will
consider and answer the appeal in writing not later than seven
calendar days following the receipt of the written appeal.
               d.   If notification to the employee is not
received during the time limit or if the employee is not
satisfied with the decision, the employee, within three calendar
days, may appeal the Step 2 decision to the President of the
University.
          3.   Step 3
               Step 3 of the appeal provides for the University
President to appoint an impartial Board of Review to conduct a
review of the grievance.  Time limits of the Board of Review and
the response from the President are found in Section II. G. 7.
and 9. of this policy.

     E.   Designation of Reviewing Officials
          1.   The Step 1 reviewing official is the chair or
director of the grieving employee's department, or the employee's
immediate supervisor if the grieving employee is a department
chair.  For the Regional campuses, the dean is the Step 1
official.
          2.   The Step 2 reviewing official is a University vice
president or chancellor, or other employee in the supervisory
chain of authority reporting directly to the President.
          3.   The Step 3 reviewing official is the President of
the University of South Carolina with the assistance of the Board
of Review.

     F.   The Board of Review
          1.   The Board of Review is composed of five employees
chosen by the President.  The President will designate one of the
five Board of Review members as chair.  The chair will take
whatever action is necessary to ensure an equitable, orderly and
expeditious review.
          2.   The Division of Human Resources will provide
procedural information to both parties and to the members of the
Board of Review.
          3.   The Vice President for Human Resources, or the
Vice President's designee, will serve in a non-voting advisory
capacity to the Board of Review.

     G.   Review of the Grievance by the Board of Review
          1.   Both of the opposing parties will be present
during presentation of the case to the Board of Review. Neither
party may interrupt the case being presented by the opposing
side.  The Board has the authority to determine the relevance of
the questions and will have the right to deny cross-examination
questions deemed irrelevant.
          2.   Each party will have the right to provide evidence
or documentation relevant to the case.  Both sides will be
required to provide documentary material and witness lists, if
any, three work days prior to the review.  Documentary material
or witness names not provided by the stated time will be
permitted only upon a majority affirmative vote of the Board of
Review.
          3.   Each party may receive a numbered copy of the
record and a complete witness list at or after noon on the work
day preceding the review.  These documents will be available in
the USC Division of Human Resources or the office of the Human
Resources officer on the regional and four year campuses.
          4.   Each party will have the right to call witnesses;
however, witnesses will only be present during the time of their
testimony.  It will be the responsibility of the grievant and of
the department representative to notify their witnesses of the
time, place and date of the review.
          5.   The grievant and the department representative may
recommend the order of testimony and the appearance of witnesses
for their respective sides.
          6.   The chair of the Board of Review, in consultation
with the other members of the Board, may determine the relevance
of the documentary material and the testimony of the witnesses. 
Documentary material or testimony which is unnecessarily
repetitive or irrelevant may be denied in the hearing.
          7.   The Board of Review will reach its finding(s) and
present its recommendation(s) to the University President within
20 calendar days of the day the appeal was made to the President.
          8.   The President may accept the recommendation of the
Board in whole or in part, may reject the Board's recommendation
or may call in the parties separately or together for further
discussion.
          9.   The President or the President's designee will
notify both parties of the final decision within five calendar
days of the conclusion of the Board of Review.
          10.  If the department or the grievant requests either
a transcript or a copy of a transcript of the proceedings of a
Step 3 hearing before the Board of Review, the requesting party
must pay the costs of the transcript or the copy.  A deposit may
be required before the process of transcription would begin.

     H.   Appeal to the State Employee Grievance Committee
          1.   An employee who is not satisfied with the decision
of the President may appeal to the State Employee Grievance
Committee any of the actions permitted as grievances in this
policy, provided:
               a.   The employee has completed the required
probationary period with satisfactory service in a permanent
position; and 
               b.   The employee has exhausted the administrative
remedies available through the University Grievance policy.
          2.   The following actions are exceptions to the
general rule of appeal and may not be appealed to the State
Employee Grievance Committee:
               a.   An employee who is promoted and subsequently
demoted prior to serving six month of satisfactory service in the
higher class does not have the right to appeal the demotion
unless the demotion is to a lower class than the class in which
the employee was serving prior to promotion.
               b.   An employee who is promoted and subsequently
receives a reduction in pay prior to completing six months of
satisfactory service in the higher class does not have the right
to appeal the reduction in pay unless the action results in a
lower rate of pay than that which the employee was receiving
prior to promotion.
               c.   An employee who voluntarily resigns or
voluntarily accepts a demotion or reassignment waives all rights
to appeal such action.  These actions can be rescinded only if
the President of the University or the President's designee
agrees.
               d.   An employee whose position is reclassified to
a classification with a lower grade does not have the right to
appeal the reclassification to the State Employee Grievance
Committee unless the reclassification falls within section C.3.d.
of this policy. 
          2.   A University employee who wishes to appeal an
adverse action to the State Employee Grievance Committee must, 
within ten calendar days from receipt of the decision of the
President, or within 55 calendar days after the employee files
the grievance with the University, whichever occurs later, advise
the Director of the South Carolina Office of Human Resources in
writing of the desire to appeal the University's action to the
State Employee Grievance Committee.


To obtain an official copy of this policy please contact the USC
Division of Human Resources.

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URL http://www.sc.edu/policies/hr142.html