What automatically qualifies as a grievance (subject to review by VCU Human Resources)
What may qualify as a grievance (subject to review by VCU Human Resources)
What does not qualify as a grievance
Allegations of unlawful discrimination or unlawful harassment are not subject to the grievance procedure. If an employee believes that he/she/they have been discriminated against or harassed unlawfully in the workplace, they should be directed to VCU Equity and Access Services. The VCU Equity and Access Services office is responsible for investigating claims of discrimination and harassment, including violations of Title IX and the Civil Rights Act. Employee concerns that involve the following should be referred to the VCU Equity and Access Services:
Contact the VCU Equity and Access Services for specific guidance and instructions these issues.
The employee submits completed Grievance form to their immediate manager (Level One Administrator) within 30 days of the action being grieved (or manager’s manager if the complaint is about the employee’s direct manager). Actions that are and are not subject to the grievance procedure are listed above.
The following information is included on the grievance form or in attachment to the grievance:
Manager (or manager’s manager) must accept the grievance form from the employee and enter the date of receipt on the grievance form. Manager must notify HR Employee Relations of the receipt of the grievance within 3 business days.
Within 10 business days of receipt of the grievance form, the manager provide a written response to the employee. An emailed response is acceptable. The response must accompany the grievance form and must outline whether the complaint qualifies as a grievance. Prior to the issuance of a response, manager consults with HR Employee Relations to determine if the complaint qualifies as a grievance.
The employee submits the original grievance form and a statement about why the employee does not agree with the Level One grievance response to the next level of management (Level Two Administrator) within 10 business days of the date of the response from the manager. (Same grievance form)
Level Two Administrator enters the date of receipt of the grievance form. The Level Two Administrator notifies HR Employee Relations within 3 days of receipt of the the Level Two grievance.
Within 10 business days of receipt of the grievance form, the Level Two Administrator must schedule a meeting to be held as soon as feasible with the employee.
If the employee accepts the outcome offered by the Level Two Administrator, the employee concludes the grievance, signs the grievance form as concluded and submits a copy of the concluded grievance to central HR within 10 business days of receipt of the decision.
If the Level Two Administrator agrees that the outcome requested by the employee is reasonable and justified, but that outcome is beyond the authority of the Level Two Administrator, Level Two Administrator may seek additional approvals as necessary to grant the outcome. The outcome granted to the employee may differ from that requested by the employee. If the response is satisfactory to the employee, the employee signs the grievance form and concludes the grievance. The employee sends a copy of the concluded grievance form to HR Employee Relations within 10 days of receipt of the decision.
If the Level Two Administrator determines that the employee grievance does not have merit, the Level Two Administrator provides a written response to the employee within 10 business days of the employee meeting, and the response fully sets forth the reasons for the decision. An emailed decision is acceptable.
If the employee does not agree with the Level Two Administrator response, including a finding of non grievability, the employee may proceed to Level Three.
If the employee is not satisfied with the Level Two response, the employee may request a Level Three Panel Review.
The employee must complete the Level Three Panel Review Request section on the grievance form, and submit that form to HR Employee Relations with all relevant supporting documentation. (The Record)
The grievance form and The Record must be submitted to HR Employee Relations within 10 business days of the employee’s receipt of the decision from the Level Two Administrator.
The employee's grievance form must clearly state the reasons for disagreement with the Level Two decision and explain why the grievance should qualify for a Level Three Panel Review. VCU Human Resources shall make a determination about whether the grievance qualifies for a Level Three Panel Review. Within 20 business days, VCU Human Resources shall communicate in writing to the employee a decision about whether or not the grievance qualifies and a Level Three Panel Review will be conducted.
If VCU Human Resources determines that the grievance does not qualify for a Level Three Panel Review the employee’s grievance is concluded and no further appeal is permitted.
If VCU Human Resources determines that the grievance does qualify for a Level Three Panel Review, please see the Guidelines for Conducting a Panel Hearing.