Or. Admin. Code § 574-010-0070

Current through Register Vol. 63, No. 12, December 1, 2024

Section 574-010-0070 - Presentation of Grievance

(1) Grievance shall be presented within 30 days from the date of the act or omission or from such date the Grievant knew or reasonably should have known of such act or omission, except in those cases where the Grievant is out of the country or on an official leave of absence.

(2) Informal Presentation of a Grievance:

(a) The Grievant shall orally present a grievance to Grievant's Supervisor. At the time of this presentation, the Grievant shall state that a grievance is being presented;

(b) The Supervisor shall discuss the grievance with the Grievant and shall endeavor to obtain whatever additional information may be necessary to take action on the grievance;

(c) If the grievance involves a person other than the Grievant and the Supervisor, the Supervisor shall, if possible, arrange a meeting which includes the other person involved. If this meeting establishes a need for more information than has already been presented or secured, the Supervisor shall gather such information;

(d) At this stage the persons involved shall make sincere and significant efforts to settle the grievance;

(e) Within 10 days of the oral presentation of the grievance, the Supervisor shall orally notify the Grievant of the outcome and record the date of notification.

(f) No grievance file shall be generated during the informal process.

(3) Formal Written Presentation of a Grievance:

(a) Step 1: Review.

(A) If the Grievant is not satisfied with the informal decision of the Supervisor and desires to proceed further, the Grievant shall, within 10 days of being certified of the Supervisor's decision, present the grievance in writing to the Supervisor.

(B) Upon receipt, the Supervisor shall immediately create a grievance file into which all written materials concerning the grievance will be placed. The grievance file shall be available at any time to the Grievant;

(C) The Supervisor shall schedule a meeting with the Grievant to attempt to resolve the matter. This meeting shall occur within 10 days of the written presentation of the grievance. Either party may bring an observer to the meeting. The Supervisor may conduct further meetings and inquiries as deemed necessary and proper;

(D) The Supervisor shall conclude the review and notify in writing the Grievant of the decision on the grievance within 10 days of the meeting.

(b) Step 2: Vice President.

(A) If the Grievant is not satisfied with the Supervisor's decision and desires to proceed further the Grievant shall, within 10 days of receipt of the Supervisor's written decision, present the grievance in writing to the appropriate Vice President. Additionally, a request for a hearing by a committee of peers appointed by the Vice President from a list submitted by Administrative Support Council may be submitted;

(B) The Vice President and Hearing Committee shall obtain the grievance file from the Supervisor and provide opportunity for the Grievant and Supervisor to submit any additional written statements in connection with the grievance;

(C) Within 10 days of appointment of the Committee, the Hearing Committee shall meet and consider the grievance;

(D) The Hearing Committee shall present its report, including recommendations, to the Vice President within 10 days after the conclusion of the hearing;

(E) Procedure for the Conduct of Peer Hearings:

(i) Hearings shall be open unless closed by request of the Grievant or requirement of law;

(ii) During the hearing an opportunity shall be provided for the Grievant and the Supervisor to present brief opening and closing statements and for both parties to present evidence and testimony and to call and cross-examine witnesses. Each party may present evidence, argument and rebuttal;

(iii) The Grievant shall appear at the hearing and may be accompanied and assisted by other persons, including counsel;

(iv) The administrator or administrators most directly involved shall appear at the hearing and may be accompanied and assisted by other persons, including counsel. The administration shall be represented at the hearing by the Vice President who may be accompanied and assisted by other persons, including counsel;

(v) The chairperson of the Hearing Committee shall preside at such hearings and over the deliberations of the committee. The chairperson shall have authority to rule upon questions of admissibility of evidence and exclude evidence which is irrelevant, untrustworthy, and unduly repetitious;

(vi) If either party to the grievance alleges that evidence or testimony may not be given on account of prohibition of law or regulation, that party shall deliver to the committee a copy of the law or regulation. If the committee requests it, the party shall also provide any relevant Attorney General's opinion or legal decision;

(vii) Based only on the evidence presented at the hearing, the Hearing Committee shall describe the issues considered, make findings of fact and recommendations based on those findings in a written report to the Vice President;

(viii) Dissenting opinions, if any, by members of the Hearing Committee shall be submitted with the report if so desired by the dissenting members;

(ix) A recording and copies of all documents will be made accessible to all parties to the grievance.

(F) Vice President's Decision.

(i) After reviewing the grievance and/or the Hearing Committee's report and recommendations, the Vice President shall take action on the grievance;

(ii) The Vice President shall make his/her decisions solely on the basis of evidence presented and the report of the committee.

(iii) The Vice President shall provide written notice to all previous parties of the decision on the grievance within 10 days of receipt of the grievance, or if used, the report of the Hearing Committee.

(c) Step 3: Review by President.

(A) If the Grievant is not satisfied with the decision of the Vice President, the Grievant may, within 10 days of receipt of the Vice President's decision, petition the President to review;

(B) The President shall notify the Grievant in writing of the decision and of the reasons for the decision within 30 days of the presentation of the grievance for review. As part of the decision, the President may take such further action as deemed necessary and proper, including granting or denying relief, or remanding the grievance further proceedings.

(C) The President's decision is final.

Or. Admin. Code § 574-010-0070

OCE 1-1980, f. & ef. 4-15-80; WOSC 3-1988, f. & cert. ef. 12-15-88; WOU 2-1997, f. & cert. ef. 5-28-97; WOU 2-2004, f. & cert. ef. 8-4-04

Stat. Auth.: ORS 351

Stats. Implemented: ORS 351