Skip to Search Skip to Global Navigation Skip to Local Navigation Skip to Content
Handbook of Operating Procedures
  • Policy Process

    • Handbook of Operating Procedures
    Chapter 3 - Staff
    Previous Publication Date: August 17, 2016
    Publication Date: January 11, 2024
    Policy Reviewed Date: January 11, 2024
    Policy Owner: VP for Business Affairs


    3.04 Grievances of Non-Faculty Employees

    I. POLICY STATEMENT

    It is the policy of The University of Texas at San Antonio (UTSA) to create a workplace that cultivates a healthy and welcoming environment where talented employees are valued and respected. To that end, a policy that encourages fair, efficient and equitable solutions for problems that arise out of the employment relationship is vital to this workplace.

    Consistent with our core values, and state and federal law, no employee will be penalized or disciplined for pursuing a grievance or for aiding another employee in the presentation of a grievance, provided such action is taken in good faith.  

    II. RATIONALE

    A healthy and welcoming workplace requires a system to fairly, efficiently, and equitably address concerns arising out of the employment relationship. This policy establishes such procedures for all non-faculty employees, seeking to address complaints that arise out of this relationship.

    III. SCOPE

    This grievance procedure is available to all non-faculty employees, including probationary, temporary, hourly and per diem employees. This grievance procedure does not apply to employees subject to a separate grievance policy.

    This policy is applicable to complaints concerning wages, hours of work, working conditions, performance evaluations, merit raises, job assignments, reprimands, or interpretation of a rule, regulation, or policy that affects the workplace and directly impacts the employee presenting the grievance.

    This policy does not apply to actions or decisions that are reviewable and/or addressed pursuant to other policies and procedures provided by the University or that are addressed in other provisions of the UTSA Handbook of Operating Procedures or the Regents' Rules and Regulations.

    IV. WEBSITE ADDRESS FOR THIS POLICY

    http://www.utsa.edu/hop/chapter3/3.04.html

    V. RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS

    1. UTSA or UT System or the Board of Regents’ Rules and Regulations
      1. Board of Regents’ Rules & Regulations Rule 30602: Employee Grievance
    2. State Statutes
      1. Texas Government Code Section 554.002
      2. Texas Education Code Section 51.960
    3. UTSA HOP Policies
      1. UTSA HOP 9.01 Nondiscrimination

    VI. CONTACTS

    If you have any questions about HOP 3.04, Grievances of Non-Faculty Employees, contact the following office(s):

    1. People Excellence
      210-458-4250
      hr@utsa.edu

    VII. DEFINITIONS

    1. Grievance: A complaint arising from the employment relationship, together with the remedy sought that is identified as a grievance.
    2. Non-Faculty Employee includes:
      1. Administrative and Professional (A&P);
      2. Classified;
      3. Probationary: a classified employee who is within the initial six (6) months of employment at UTSA;
      4. Temporary: an employee whose appointment is for a specific period of time;
      5. Hourly: an employee appointed and paid on an hourly basis;
      6. Per Diem: an employee who works on an "as needed" basis.

    VIII. RESPONSIBILITIES

    1. Employee:
      1. Presents grievance in accordance with this policy and its procedures.
      2. Should clearly identify their complaint as a grievance, provide a concise statement that explains the specific complaint and include the remedy the employee is requesting.
    2. Supervisor, department head, dean/director/equivalent, appropriate vice provost or vice president (or the administrative equivalent for these administrators):
      1. Responds to employee grievances in accordance with this policy and its procedures.

    IX. PROCEDURES

    1. Informal Grievance Resolution
      1. The employee shall first informally present the grievance and the remedy requested to the supervisor for discussion, consideration, and resolution within five (5) workdays from the date of the action that is the subject of the grievance. If the supervisor is the subject of the grievance, the employee may informally present the grievance to the appropriate department head or administrative equivalent for discussion, consideration, and resolution. People Excellence representatives are available for consultation with any involved parties, upon their request.
    2. Formal Grievance Resolution
      1. If the informal grievance is not satisfactorily resolved within five (5) workdays of the date the supervisor, or appropriate department head or administrative equivalent was put on notice of the grievance, the employee may formally present the grievance in writing to the next appropriate higher supervisory level (up to the vice president) for consideration and action. The formal grievance must be filed within five (5) workdays after the informal grievance resolution period ends. The employee shall also provide a copy of the grievance to the supervisor and to the appropriate HR Business Partner (email to hrbp@utsa.edu)
        1. The written submission should be clearly identified as a grievance, contain a concise statement that explains the specific complaint, and contain the employee’s recommendation for attaining a sufficient remedy of the complaint.
        2. A written decision by the supervisor that received the formal grievance will be provided to the employee, the direct supervisor, and the appropriate HR Business Partner within five (5) workdays of receipt of the formal grievance.
      2. If the employee is not satisfied with the decision, the employee may file a written appeal to the next higher supervisory level (up to the vice president) within five (5) workdays of the date of the decision. The written appeal must provide a statement why the employee disagrees with the decision. The employee shall copy the supervisor and appropriate HR Business Partner (email to hrbp@utsa.edu) on the written appeal.
        1. A written decision shall be provided to the employee and the appropriate HR Business Partner within ten (10) workdays of the date the appeal was received.
      3. Grievances not satisfactorily resolved may be appealed in writing to the appropriate vice president or administrative equivalent for the employee’s department within five (5) working days of the date of the appealed decision. The employee shall copy the appropriate HR Business Partner on the written appeal.
        1. The appeal shall state why the decision is not satisfactory.
        2. Within a reasonable time, not to exceed ten (10) workdays following receipt of the appeal, a written decision shall be provided to the employee and the appropriate HR Business Partner.
      4. Decisions made by the vice president are final. The formal grievance process ends once the matter has been reviewed, and a decision issued, by a vice president.
        1. If the organizational structure does not allow for a review by the vice president over the employee’s department, an appropriate administrator outside of the employee’s division, as determined in consultation with People Excellence, will review and issue a decision.
      5. The written grievance and all related decisions or responses shall be part of the employee’s file.

    X. SPECIAL INSTRUCTIONS FOR INITIAL IMPLEMENTATION

    None

    XI. FORMS AND TOOLS/ONLINE PROCESSES

    None

    XII. APPENDIX

    None

    XIII. Dates Approved/Amended

    01-11-2024
    08-17-2016