UPDATED:                                                                                                                                           APPROVED:
September 12, 2002                                                                                                 Claudia A. Limbert, President

It is the policy of Mississippi University for Women acting through authority reposing in its President, who approves this program in letter and spirit and in whose office is retained overall responsibility to provide a reporting and monitoring procedure implemental of the provisions of this document, to take affirmative action to recruit, hire, train where feasible, and promote persons in all job classifications, including executive levels, without regard to race, color, religion, gender, age, national origin, disability (when reasonable accommodations can be made), disabled veteran status or veterans of the Vietnam era status; to base decisions on employment so as to further the principle of equal employment opportunity; to insure that promotion decisions are in accord with principles of equal employment opportunities; to insure that all personnel actions such as compensation, benefits, transfers, layoffs, return from layoff, university sponsored training, education, tuition assistance, and social and recreation programs, will be administered without regard to race, color, religion, gender, age, national origin, disability (when reasonable accommodations can be made), disabled veteran status or veterans of the Vietnam era status.
 Mississippi University for Women takes affirmative action to admit, teach, grade, discipline, provide financial assistance to, graduate, admit to graduate school, award graduate assistantships and fellowships to, and assist toward placement, all students, without regard to race, color, religion, gender, age, national origin, disability (when reasonable accommodations can be made), disabled veteran status or veterans of the Vietnam era status.
 
It is the policy of Mississippi University for Women to take affirmative action to maintain a work and learning environment free of sexual harassment.
The following has been established by the Equal Employment Opportunity Commission for determining what constitutes unlawful sexual harassment:
”Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.”

 Any employee who is aggrieved in accordance with the above stated criteria should seek resolution of the problem through the established procedures, outlined in the Sexual Harassment Policy, commencing at the step or level as appropriate.
 
 AFFIRMATIVE ACTION-
 EQUAL EMPLOYMENT OPPORTUNITY-GRIEVANCE OFFICER
 
 

Mississippi University for Women has a unique organization in the area of personnel administration, unique but traditional to this University over the years.  The Provost and Vice President of Academic Affairs is responsible for personnel matters for the faculty and professional non-faculty academic employees and the Vice President for Finance and Administration has the responsibility for personnel matters for non-academic and staff employees.  The execution of the Affirmative Action-Equal Employment Opportunity-Grievance programs through both Vice Presidents should obtain optimum results.
Consequently, the Provost and Vice President for Academic Affairs serves as the Affirmative Action-Equal Opportunity-Grievance Officer for the academic area and the Vice President for Finance and Administration serves as the Affirmative Action - Equal Employment Opportunity - Grievance Officer for the non-academic area.  The University President has designated Carol Frazier as the Disability Services Coordinator.
 
 ACADEMIC AREA
 ANNUAL SALARY, TENURE, AND RANK REVIEW
 RAISES, PROMOTION, RECRUITING AND HIRING
 
 

In the preparation of budget requests for the ensuing fiscal year, division heads review salary, tenure, and rank for each faculty position every spring semester for adherence to the Affirmative Action Policy and request equity adjustments where appropriate.
The Provost and Vice President for Academic Affairs will conduct an annual salary, tenure and rank review for the positions of heads of academic divisions, coordinators, registrar, and director of the library in the Academic Affairs area each spring to ensure adherence to the Affirmative Action Policy.  Equity adjustments will be requested where appropriate.
A recruiting and hiring report will be completed by division heads, directors, or program leaders no later than one week after an applicant is recommended for a position in the Academic Affairs area.  The completed report will be forwarded to the Office of Human Resources.
Specific procedures for faculty recruiting and hiring are as follows:
a. Guidelines on faculty recruiting and hiring in the Faculty Handbook will be followed.
b. Consideration will be given to all qualified applicants, with special consideration given to minorities, women, and handicapped persons.
c. Positions will be filled with no discrimination on basis of race, color, religion, gender, age, national origin, disability (when reasonable accommodations can be made), disabled veteran status or veterans of the Vietnam era status.
 
 NON-ACADEMIC AREA

 ANNUAL SALARY AND ASSIGNMENT REVIEW
 RAISES AND PROMOTION
 
 

The non-academic Executive Committee members will conduct a staff salary and wage rate review, annually, during the month of March.  This review, beginning at department level, will be made to determine whether or not there is discrimination on the basis of race, color, religion, gender, age, national origin, disability (when reasonable accommodations can be made), disabled veteran status or veterans of the Vietnam era status.
Merit increases or across-the-board increases are not made until salaries have been reviewed and corrected if they need correcting.
Similarly there is a review of assignments for judgment as to whether there are persons whose skills and abilities are not being fully utilized.  Human Resources will attempt to effect the transfer of persons whose skills and abilities are not being fully utilized into situations which will more fully utilize those skills and abilities.
 
 GRIEVANCE PROCEDURE
The purpose of these procedures is to provide for the prompt and equitable resolution of an employee’s grievance. A grievance is a work-related condition that an employee alleges to be (i) unfair, inequitable, or a hindrance to the employee's effective performance or (ii) discriminatory on the basis of race, color, religion, gender, age, national origin, disability (when reasonable accommodations can be made), disabled veteran status or veterans of the Vietnam era status.

CONFIDENTIALITY

Procedures for prompt, appropriate corrective action are an essential part of the University's effort to deal with grievances.  All reasonable steps will be taken to assure that the complainant and the alleged offender are protected by the highest degree of confidentiality possible.  Both parties are advised, however, that once an inquiry or an investigation has begun, anonymity may be impossible.

 GRIEVANCE PROCEDURE/ACADEMIC EMPLOYEES*
 (OTHER THAN ADMINISTRATORS)
 

An employee holding academic rank who feels aggrieved should use the following procedures in seeking to resolve the grievance:

Step 1:  The grievance should be discussed with his/her immediate supervisor.

Step 2:  If the grievance is not resolved at the above level, the employee may request a meeting with the Head of his/her Division or immediate supervisor to discuss the matter.

Step 3:  If all efforts fail in Step 2, the employee presents grievance to the Affirmative Action Officer for Academic Employees.

 
Step 4:  If the outcome of Step 3 is not satisfactory, the employee may request a meeting with the Provost/Academic Vice President, the Head of his/her Division, and his/her immediate supervisor.

Step 5:  If the procedures followed in Step 4 do not resolve the grievance the employee may request a meeting with the Appeals Committee. The employee will meet with the Committee to discuss and seek to resolve the grievance.  The Appeals Committee is made up of employees with academic rank who are recommended to serve on the committee by Division Heads and the Provost/Academic Vice President and approved to serve by the President.  The purpose of this meeting is fact-finding and provides the grievant opportunity to fully discuss his/her grievance.  It is not intended to be a full-fledged evidentiary hearing.

Step 6:  If the employee is not satisfied with the recommendations of the Appeals Committee, the Provost/Academic Vice President will report the matter to the President for final action at the University level.
 

* Procedures in the Faculty Handbook should be followed in grievances involving termination appeals by tenured and non-tenured faculty.
 

NOTE: Should the aggrieved have reason to believe the grievance should be called to the attention of the Affirmative Action Officer, non-Academic, this allowable procedure may be exercised.
 
 
 
 
 
 

GRIEVANCE PROCEDURE – Non-academic Employees

HEARING PANEL POOL

The Hearing Panel Pool shall consist of twenty-four members selected annually.  Six members of the pool (three women, three men) shall be selected by each of the following groups: Faculty Senate, Administrative Council, Student Government Association, and Staff Council.   At the beginning of the fall semester, the Director of Human Resources will request the selections from each group and will notify the Hearing Panel Pool members of their selection.
The Hearing Panel Pool is available for selection as necessary by the President for non-academic employee grievance hearings and sexual harassment hearings.  The composition of a hearing panel is noted under the Grievance Procedure – Non-academic Employees and Sexual Harassment Policy and Procedure for Faculty, Staff and Students in the Employment Handbook.

INFORMAL RESOLUTION

The best interests of both the university and its employees are served by regular, forthright communication.  An employee who believes a justifiable job-related complaint exists should take steps as soon as possible to resolve the problem in a discussion with the immediate supervisor.
 Should informal attempts at resolution prove unsatisfactory, the employee and the supervisor may seek the assistance of the Director of Human Resources to mediate the problem.
 Human Resources representatives may be contacted for informal discussion if the employee believes he or she cannot approach the supervisor with the problem.  A Human Resources representative may meet with the employee, the supervisor, or both as may be appropriate, to assist in amicably resolving their differences.  Human Resources will also provide information on matters of policy interpretation and use of the formal grievance procedure.

FORMAL PROCEDURES

DEFINITIONS

1. Working Day: Monday through Friday of each week and excludes holidays listed in the university bulletin or as designated by the president.

2. Complainant: Person filing the grievance.

3. Respondent:  Person against whom the grievance is filed.

Any regular employee, except new employees within the 90-Day Performance Review Period, student employees, and temporary employees, can pursue a grievance by following these procedures.

1. Filing the Complaint

The formal grievance process begins when a written, signed complaint is filed with the Director of Human Resources.  The complaint must be filed within 10 working days of the occurrence that gave rise to the grievance or when the basis for the grievance became known or reasonably should have been known to the employee.  The complaint must include the specific factual basis for the grievance.

2. Hearing

The purpose of the hearing is to afford the parties a meaningful opportunity to be heard before an impartial panel.

a. Composition of Hearing Panel

The grievance hearing panel shall be selected by the president from the pool of members appointed annually to the university’s Hearing Panel Pool.  Students are not eligible to serve on an employee grievance hearing panel.

1. Generally, there are three categories of employees at the University: faculty, staff supervisors and staff employees.

2. Two members of the panel should be of the same category as the complainant.

3. Two members of the panel should be of the same category as the respondent.

The panel chair is appointed by the President and should be from a category not yet represented.

4. No member of the hearing panel should be from the same division or department as the parties.

b. Advance Exchange of Evidence

At least one week before the hearing is scheduled, each party must furnish the chair of the hearing panel two copies of a list of witnesses who may testify at the hearing on his or her behalf and two copies of any documents that may be introduced in evidence.  If either party attempts to introduce evidence not properly disclosed in advance to the other party, the hearing panel may decide either to exclude the evidence or give the other party additional time in which to respond.

c. Advisors

Each party may have an advisor throughout this process.  At the hearing, however, the advisor's role will be limited to observing and providing counsel to the party being advised.  The advisor will not be permitted to participate in the hearing process.

d. Hearing Procedures

All hearings will be closed to the public.  Only those individuals directly involved in the case can be present.

The hearing begins with the chair’s summary of the grievance.  The chair then gives the parties an opportunity to make an opening statement.

After the opening statements, the hearing panel may question the complainant.  The respondent may then question the complainant or submit written questions to the hearing panel which he or she wishes to have presented.  The complainant may then call witnesses and present documentary evidence.  The hearing panel may limit the number of witnesses.  A witness may attend the hearing only while testifying.

After the complainant’s case has been presented, the respondent may present testimony, witnesses, and documentary evidence.  The complainant and hearing panel may then question the respondent.

After the presentation of all evidence on behalf of the complainant and respondent, each party has the opportunity to make a brief closing statement.  After the closing statements, the panel begins its deliberations in private.

e. Finding of the Hearing Panel

The hearing panel shall base its findings solely on evidence presented at the hearing.  After considering the evidence, the hearing panel decides whether a preponderance of the evidence supports the grievance.

The hearing panel prepares a written report of its findings of fact and its decision.

The hearing panel sends a copy of its report to the President, with a copy to each party.  The report must be accompanied by all documentary evidence presented at the hearing, and the recording of the hearing.

3. Decision of the President

Either party may respond to the report of the hearing panel by written letter to the President.  This letter, which is limited to three single spaced pages, should contain arguments as to why the decision of the hearing panel should be accepted or rejected by the President.  The President shall consider both the report of the hearing panel and the responses of the respective parties in making the final decision.  When that decision is made, the President shall inform the hearing panel, parties, and all appropriate administrative officers of the decision.
 
 AFFIRMATIVE RECRUITMENT AND HIRING
 
 

In the recruitment of non-academic staff the following outlined procedure is pursued:
 

1. Permission is sought through the appropriate member of the Executive Committee to the President to fill the vacancy.

2. Authority to fill the vacancy is forwarded to the Director of Human Resources.

3. Notice of the vacancy, to include the position title, occupational summary and minimum qualifications, is forwarded to all departments for posting and is posted on the Human Resources bulletin board and website.

4. The job is held open for seven working days from the date of posting to allow current employees to apply for the position.

5. The vacancy is then listed with the Mississippi Employment Security Commission or advertised in local newspapers and/or national publications.

6. Names of all applicants are recorded in terms of race and gender.

7. The recommended selection for hiring is made without regard to race, color, religion, gender, age, national origin, disability (when reasonable accommodations can be made), disabled veteran status or veterans of the Vietnam era status.