Grievance Procedure

It is both the right and the responsibility of individuals involved in a conflict situation to attempt to resolve conflict on an informal basis. Whenever possible employees are encouraged to seek resolution within their department.

Informal conflict resolution is a commitment to attempt to settle the differences of employees by:

• Seeking to understand others’ needs and point of view
• focusing on problem solving
• developing mutually satisfactory options
• acknowledging the respective rights and responsibilities of those involved

Informal conflict resolution includes open discussion of disputes without retaliation. It should be done at an early stage, as close as possible to the source of the conflict and in a fair and expeditious manner.

When assistance may be necessary to resolve a conflict employees may seek assistance from Human Resources,Ombuds, Coaching, or other resources for informal conflict resolution support.

It is the intent of the University to encourage and facilitate informal resolution of employee complaints. However, when differences in views cannot be informally resolved, the University provides for a formal review procedure as part of the resolution process.

This process allows individuals to seek resolution through the appropriate University grievance policy and procedure. If other attempts have failed, it is the right of any employee to seek formal resolution. No employee shall be subject to reprisal for using or participating in the grievance and administrative review processes.

The formal process involves filing a written grievance for administrative review. While a complaint is in the formal process stages, it remains an option to request that informal conflict resolution take place. Informal resolution of a grievance may be agreed to by the employee and other involved parties at any stage of the grievance process. Both the formal and informal procedures are considered as alternative dispute resolution processes.

The Staff Grievance Procedure is available to any classified employee working at least .5 FTE (full-time equivalency) who has completed the provisional employment period. The Staff Grievance Procedure is not available to temporary employees, faculty, students or non-University employees (consultants, contractors, etc.).

The Staff Grievance Procedure may be used by an eligible employee to bring a grievance about:

• Employee suspension
• Employee dismissal/termination (unless during the 6-month provisional period)
• Employee demotion or salary reduction

The Staff Grievance Procedure may not be used to bring a grievance about:

• Promotional decisions
• Normal supervisory counseling
• Performance evaluations
• Hiring decisions
• Compensation appeals
• Challenges to pay grade or salary decisions
• Challenges to transfers or reassignments
• Termination or layoff due to reduction in force or lack of work
• Investigations or decisions reached under KSU’s Sexual Misconduct Policy and Non-Discrimination Policy
• Teleworking or Alternative Work Schedule
• Organization of a department or allocation of its resources
• Termination of grant funding

Grievances like concerns or complaints regarding allegations of harassment or discrimination on the basis of race, color, sex (including sexual harassment and pregnancy), sexual orientation, gender identity, gender expression, ethnicity or national origin, religion, age, genetic information, disability, or veteran status should be referred directly to the Kennesaw State University Office of Institutional Equity.

If an employee wishes to file a grievance, they must do so in writing within 10 business days. Human Resources or the Office of Institutional Equity staff will assist staff in the filing of a grievance and will provide the specific policy, process, time requirements, and related information.

The grievance is not resolved through administrative channels, the aggrieved employee may submit a written request to the President for an impartial Board of Review to be appointed to hear the appeal. The aggrieved employee must submit the written request to the President within fifteen (15) business days from the date of notice that the administrative review process is complete.

The President shall, within 10 business days after receiving a written request, appoint, or have appointed in accordance with the approved and written grievance procedures, a three member impartial Board of Review to hear appeals from employees.

The recommendation of the Board of Review shall be forwarded to the President for final decision. The President's decision will be final at the institutional level.

If the matter is not resolved to the satisfaction of the employee, he or she may file an application for review, in writing, to the Board of Regents within twenty (20) calendar days following the written decision of the President. The Board of Regents reserves discretionary authority to review all decisions made by the member institutions. The Board of Regents normally will only review extraordinary cases, such as those where proper procedures may have been violated, where the decision is unsupported by the facts, or where the decision violates University or Board of Regents policy. 

The purpose of the University Faculty Conflict Resolution Procedures is to assure that there are venues where complaints may be heard and resolved at the lowest level possible. The procedures allow for an immediate attempt to resolve all types of conflicts informally at the level where they occur. In addition, these policies also provide for an administrative review at the department, division, college, and University level when requested.

All faculty members are strongly encouraged to work through conflicts informally beginning with the person with whom they have differences. If a faculty member is not able to resolve an issue, he or she is strongly encouraged to meet with the Ombuds as soon as possible for assistance in seeking an informal resolution.

All faculty are required to utilize the Ombuds in an attempt to resolve any complaint or complaints with the respondent before initiating a formal complaint.

The University System Consortium on Negotiation and Conflict Resolution (CNCR) is also available for use in this process. If informal resolution has not resolved the complaint, faculty may avail themselves of the formal faculty grievance procedure. Grievance policy specifics may be found in the KSU Faculty Handbook.