Policies for Administrative Professional Staff Employees
Chapter 3 Employment Rights and Responsibilities
3.1 Acceptance of Gifts or Gratuities by Employees
Approved March 23, 1999
Approved and Revised May 12, 2011
The University prohibits employees from accepting gifts or gratuities from individuals and companies with whom the University contracts under the guidelines of the State of Illinois Ethics Act. For additional information please visit the ethics website at SIU System Ethics.
3.2 Assistance to Employees Affected by Layoff or Reduction in Force
Approved March 23, 199
Approved and Revised May 12, 2011
Employees affected by layoff or reduction in workforce shall contact the Office of Human Resources immediately to coordinate benefits and explore other employment options within the University relative to the qualifications of said employees. Appointments to other University positions are subject to the approval of the appropriate administrative officers. The establishment and re-establishment of positions and allocation of University resources shall be determined by the University subject to institutional and operational needs.
3.3 Attendance
Approved May 12, 2011
Approved and Revised December 14, 2016
Attendance at work is an essential function of all positions at the University. Employees are expected to be at their respective assigned workstations and ready to work each day from the appointed starting time until the appointed ending time. Employees are expected to maintain a consistent and regular attendance record by adhering to the following:
- If absent from work, the employee must make a reasonable effort to immediately notify the supervisor of the reason for such absence prior to the beginning of the workday.
- If the absence is to continue beyond the first day, the employee must notify the supervisor on a daily basis unless other arrangements have been made.
- Any employee who is absent three or more consecutive workdays without notifying the supervisor will be considered to have abandoned his or her job.
- Absence for more than three consecutive workdays because of an illness may require a "return to work" slip from the attending physician with an explanation relating to the illness/absence. The "return to work" slip must be submitted directly to the Office of Human Resources. The Office of Human Resources will contact the employee's department indicating that the employee is able to return to work.
- An employee with a pattern of sick leave use abuse may be required to provide a "return to work" slip from the attending physician after a one day absence. Possible sick leave abuse patterns are: sick leave used the day before and/or after pay day; sick leave taken in conjunction with weekends/holidays; and excessive use of sick leave in general.
- Disciplinary action may be taken in regard to attendance issues.
If an employee will be late for work, the employee must contact the respective supervisor or designated contact prior to the start of the work shift, or as specified in collective bargaining agreement or work rules, and provide the anticipated time of arrival. Disciplinary action may be taken if an employee fails to adhere to the University's attendance requirements.
3.4 Cell Phone Use
Approved May 12, 2011
Employees may use personal cell phones for the purpose of receiving emergency calls or for an urgent family matter. Calls should be kept brief and shall not interfere with work performance. Employee's use of personal cell phones during working hours for purposes other than those described herein may lead to disciplinary action.
3.5 Children in the Workplace
Approved May 12, 2011
The University understands that parents/guardians may occasionally encounter difficulties in arranging care for their children and desires to support parents/guardians in their efforts to balance work responsibilities with family obligations. With prior approval by the supervisor, employees may bring their children to their workplace, subject to the following requirements:
- Children must be accompanied by their parent/guardian(s) at all times when present in the workplace. Children are the sole responsibility of the parent or guardian and should never be left under the supervision of a co-worker or a student.
- A child in the workplace must not be allowed to disrupt the work or learning environment nor negatively affect the productivity of co-workers.
- The employee's supervisor may direct the employee to remove the child from the workplace at the supervisor's discretion.
- Children are not permitted in the workplace on a regular basis which includes their school holiday breaks or after school.
- The child does not have a contagious illness.
3.6 Conflict of Interest & Conflict of Commitment
Approved November 12, 2014
The University recognizes that University employees have professional contributions to make beyond their primary employment. Many outside activities in which an employee may wish to engage, such as certain outside employment, private activities, involvement in public organizations, public service and political involvement, present no conflicts of interest and can enhance the reputation of the University. When engaging in an otherwise permissible activity or endeavor, the employee must make clear when he/she is acting as a private individual rather than as a representative of the University.
An employee's performance of assigned duties, activities and other related responsibilities for the University must be given priority over any concurrent employment outside the University.
Employees should not engage in business, accept employment outside the University or otherwise engage in any non-University activity when such business, employment or activity creates a conflict of interest or a conflict of commitment.
A conflict, as prohibited by this policy may occur as a result of either a conflict of interest or a conflict of commitment. A “conflict of interest” generally encompasses any situation wherein an individual employee influences University business, teaching, research or other decisions in ways that leads or could lead to any form of personal financial gain for their individual or his/her family or that gives or appears to give improper advantage to others to the detriment of the University. A “conflict of commitment” encompasses any situation wherein non-University activities undertaken by individual employees are sufficiently demanding of the individual’s time and attention as to interfere with assigned duties or with his/her responsibilities to students or to the University. It is the responsibility of employees to manage external activities so that they do not interfere with University obligations.
All University employees must follow the disclosure requirements and rules for externally sponsored projects. Additional information and guidance on conflict of interest can be found in the Conflicts of Interest Commitment (1Q9) Policy.
University employees are permitted to accept employment outside the University provided that such employment does not interfere with an employee's assigned duties. Before engaging in any activity that may reasonably appear to directly affect the employee’s University responsibilities, Administrative staff are required to complete and submit Disclosure Report of Proposed Non-University Activities and Financial Interests seeking approval for such activity from their respective dean or director. The dean or director is encouraged to seek guidance and information from the SIU Ethics Officer or Director, Office of Human Resources, regarding a potential conflict of interest or conflict of commitment and should approve or disapprove outside employment within fourteen calendar days of the request.
Employees may accept outside employment pending approval or appeal of a denial as long as the employee acknowledges that he/she will immediately cease the outside employment if disapproved or if the appeal process is exhausted.
Dean or director disapproval of any proposed non-University activity may be appealed in writing by the employee to the respective vice chancellor. The appeal must contain the employee’s detailed rationale for seeking approval. Disapproval of the proposed non-University activity by the respective vice chancellor may be appealed by the employee, in writing, the Chancellor who will be responsible for the final institutional decision.
Conflict of Interest
The following are examples of conflicts of interest requiring disclosure. These examples are illustrations only and are not meant to be exhaustive:
- A member of the employee’s family has a financial interest or management position known to the employee in an outside entity and the employee negotiates or authorizes on behalf of the University a contract or other business transaction for services, goods or product.
- An employee serves in an executive or managerial capacity or holds significant financial interests in an entity doing business with the University.
- An employee conducts consulting or other non-University income producing activities involving University students or other University staff.
- An employee uses the University’s classrooms, research laboratories and/or other academic and general administrative facilities for personal and private financial gain.
- An employee hires or directly supervises a student in outside business activities while simultaneously serving as the student’s instructor, advisor, and supervisor or as a member of the student’s thesis or dissertation committee without the prior written approval of the chair of the student’s academic unit.
- An employee participates in activities for a for-profit or not-for-profit business or entity engaged in commercial, educational or research activities similar to those of the University.
- An employee or an employee’s family member has or may have a financial or other interest which impairs the employee’s independent and unbiased judgment in the execution of his/her responsibilities to the University.
- An employee’s outside activities, associations or appointments may give the appearance that University resources (including any time of University personnel, funds, facilities, the University’s reputation or other assets) are diverted from their intended purpose.
The following are examples of activities that are not normally considered conflicts of interest. They are exempt from disclosure, unless they are so extensive in time and effort that they constitute a potential conflict of commitment. Though these activities do not require disclosure under this Policy, the State Officials and Employees Ethics Act restricts the acceptance of honoraria from prohibited sources:
- An employee prepares, publishes, or presents scholarly or creative works, including books, articles, and software, even if honoraria, stipends, or royalties may be provided.
- An employee participates in professional conferences for the purpose of making scholarly presentations or conducting seminars or workshops, even if paid an honorarium.
- An employee serves as a special reviewer or on a review panel for academic or governmental organizations, even if paid an honorarium.
- An employee serves as a reviewer or editor for a scholarly journal, even if financial consideration is provided.
Conflict of Commitment
The following are examples of conflict of commitment requiring disclosure. These examples are illustrations only and are not meant to be exhaustive:
- An employee engages in non-University activities that will or can reasonably can be expected to significantly interfere with the employee’s ability to fully or effectively perform obligations to University.
- An employee works or volunteers in a non-University capacity during times that overlap his/her normal SIUE working hours.
- An employee works or volunteers in a non-University capacity for so many hours that his/her effectiveness at his/her SIUE job could be impaired.
Employees assigned to units reporting directly to the Chancellor must obtain the approval of the Chancellor.
In addition, employees are not permitted to use University facilities, personnel, resources, funds, or equipment not available to the general public in furtherance of their outside employment unless authorized by the appropriate Vice Chancellor and provided that such use is permitted by the State Officials and Employees Ethics Act.
Acknowledgements:
The following resources and agencies were utilized in the development of this policy: Eastern Illinois University, Internal Audit Policies and Procedures #22, Supplementary Personal Services; Southern Illinois University Carbondale policy, Conflict of Interest: Non-University Activities and Financial Interests; University of Illinois, Policy 16.01, Conflict of Interest; University of Illinois Policy on Conflicts of Commitment and Interest; Indiana University Conflicts of Interests Policy; University of Vermont, Policy V.1.2.1, Conflict of Interest and Conflict of Commitment; Seton Hall University, Conflict of Interest and Commitment Policy
3.7 Conflict of Interest in Government Research at SIUE
The Government and institutions of higher education, as the contracting parties, have an obligation to see that adequate standards and procedures are developed and applied to inform one another of their respective requirements, and to assure that participating individuals are informed of and apply said standards and procedures.For additional information regarding government research, please visit the Policy and Procedures for Responding to Allegations of Research and Academic Misconduct (1Q5).
3.8 Dress and Personal Appearance
Approved May 12, 2011 All University employees are expected to portray a professional image to students, parents, and the community at large. An employee's dress and appearance shall be neat and clean. At a minimum, the standard office dress code shall be defined as business casual. Individual departments may establish dress code policies for their respective areas. Apparel needs to be free of slogans or advertisements. In addition, apparel shall not be of an indecent, suggestive, provocative, obscene, or defamatory nature. Employees may wear their SIUE logo shirts. The University may direct an employee to leave work and/or change clothes if he/she is found in violation of this provision.3.9 Drug and Alcohol Policy
Approved June 30, 2004
Approved and Revised November 10, 2010
Approved and Revised May 2, 2012
The University is committed to maintaining a drug free workplace in compliance with applicable state and federal laws. The unlawful possession, use, distribution, dispensation, sale or manufacture of controlled substances is prohibited on University property.
For additional information regarding SIUE's Drug and Alcohol policy, please visit the following pages:
Work Place Drug Testing
Regulations Governing Alcoholic Beverages at Southern Illinois University Edwardsville (6C1)
Employees may obtain information and referral services regarding drug and alcohol abuse from the Employee Assistance Program.
3.10 Electronic Communication (E-Mail) and Internet Use
For additional information regarding Information Technology Policies, please visit ITS.3.11 Employee Conduct
Approved February 1982
Approved and Revised May 12, 2011
Employees shall perform their work efficiently and effectively acting with prudence and integrity at all times. They shall abide by all policies of the University and of the Board of Trustees. Employees shall not engage in outside activities which conflict with required working hours, job performance or University obligations and responsibilities. Employees shall treat fellow employees, students and the general public with courtesy and respect for human dignity.
3.12 Ethics
As a condition of employment, all employees are required to comply with the State Ethics Act as amended. The State Ethics Act covers but is not limited to:Restrictions on accepting gifts or Gift Ban Political activities during work Lobbyist activity and service on boards and commissions Employment by outside vendors of ex-State employees who were formally involved in procurement decisions Protection for "whistle blowers" Communication on procurement activities
The law requires that each employee complete, at least annually, ethics training conducted by the University.
For a description of the Act's requirements or for additional information, please visit /human-resources/ethics.shtml. Employees seeking further information may contact the SIUE Ethics Officer at (618) 650-2190.
3.13 Fitness for Duty
Approved March 23, 1999
Approved and Revised May 12, 2011
The University reserves the right to refer an employee for a medical evaluation or examination by a physician of the University's choice for the purpose of determining that person's physical or mental fitness to carry out his or her duties. The Director of Human Resources will approve a referral for a Fitness For Duty examination after consultation with Legal Counsel and the Office of Equal Opportunity, Access & Title IX Coordination. The University will assume the costs of the examination and will advise the physician that the employee has no responsibility for the costs of the examination. Employees will not suffer a loss in their regular compensation due to absence for such examinations during their regularly scheduled work hours. If the employee disagrees with the results of the examination, the employee shall have the right to seek additional medical opinions at his/her expense.
3.14 Grievance Process (Non Represented Employees)
Approved February 1982 Approved and Revised March 23, 1999 Approved and Revised May 12, 2011 It is the University's view that most problems can and should be resolved through informal discussions between the employee and supervisor. However, in some instances this may not be possible and it is appropriate to turn to the formal grievance resolution process contained in this policy. Good faith participation is necessary for this Grievance procedure - to serve its important purpose. Therefore, any retaliatory action taken against a participant to a grievance proceeding is prohibited and should be reported immediately to the Director, Office of Human Resources.The following process will be followed:
- Step 1 is sent to the immediate supervisor.
- Step 2 is sent to the dean or director of the unit.
- Step 3 is sent to the Office of Human Resources.
- Step 4 is sent to the Administrative Professional Staff Grievance Panel.
Employees shall not be discriminated or retaliated against for exercising their rights under this grievance/problem resolution policy.
Any situation, question, rule, point, issue, or matter not directly provided for in this grievance procedure but which arises under this procedure will be resolved by the Hearing Panel in consultation with the Director, Office of Human Resources. The Director, Office of Human Resources may consult with the University's Office of the General Counsel and/or the respective Vice Chancellor. The Office of Human Resources shall supply all necessary and reasonable support for a grievance proceeding exclusive of attorney's fees and expenses of the grievant. Definitions are at the end of this process.- Eligibility This grievance procedure applies to full-time, non-represented administrative professional staff employees who have completed their probationary period and are not covered by a collective bargaining agreement/union. Newly appointed employees serving a probationary period do not have access to the grievance procedure for issues concerning discipline, layoff, or termination. They may grieve, through Step 3, other issues that are eligible for the grievance procedure. Promoted/appointed unrepresented administrative professional staff employees who are still serving a probationary period are eligible to appeal grievances to Step 4 if the issue(s) are subject to Step 4. The subject matter of complaints from former administrative professional staff employees shall be limited to matters pertaining to their separation from employment. This procedure supersedes any departmental grievance policy and is the only grievance procedure policy applicable to grievances for Administrative Professional staff employees members, hereafter referred to as employees.
- Grievable Issues Discipline imposed on an employee pursuant to the University progressive disciplinary process may be grieved. An employee may file a grievance alleging that he or she has been or is being adversely affected by an improper application or interpretation of an employment related rule, regulation, policy or procedure. Complaints that attempt to change the language of a policy or procedure or complaints that are subject to other University procedures, such as equal opportunity and affirmative action policies, sexual harassment complaints, emergency management and safety concerns, parking violations, intellectual property determinations, or workers compensation claims/decisions are not grievable. Grievances that may be appealed to Step 4 are limited to complaints alleging a violation of an employment related rule, regulation, policy, or a grievance regarding an employee's termination pursuant to the University's progressive disciplinary process. A party's dissatisfaction with the outcome of a prior grievance shall not be a grievable matter. Complaints against the Chancellor shall not be grievable under this staff grievance policy and must be directed to the Southern Illinois University Office of the President for resolution. Grievances falling within the subject matter of this staff grievance policy shall not be suspended if a complaint concerning the grievance is filed external to the University.
- Complaints Involving Affirmative Action Policies Complaints alleging a violation of the University's affirmative action policies such as the Americans with Disabilities Act, Equal Opportunity/Affirmative Action, Sexual Harassment Awareness Policy, and Work Place Violence Policy must be reported to the Office of Equal Opportunity, Access & Title IX Coordination during any stage of the incident. For additional information regarding SIUE's affirmative action policies, please visit EOA.
- In the event an employee initiates a complaint of alleged violation of these policies within his or her department, or with the Office of Human Resources, the complaint will be referred to the Office of Equal Opportunity, Access & Title IX Coordination for action.
- An employee complaint alleging violation of both human resources and affirmative action policies must be filed with the Office of Human Resources and Office of Equal Opportunity, Access & Title IX Coordination. It will be the responsibility of both offices to coordinate their efforts to address and attempt to resolve the issue(s) and to prohibit retaliation against the person who filed the complaint.
- Filing a Grievance Before a formal grievance may be filed, potential grievance issues must first be discussed by the parties directly involved. If the grievant is not satisfied with the resolution, the grievant may, within five days, begin the grievance process by providing the respondent/immediate supervisor with a written formal grievance and submitting a completed Grievance Form and all relevant documentation.
- A grievance naming the Director, Office of Human Resources or the Director's staff as a respondent shall forward to the Vice Chancellor for Administration all grievance responsibilities associated with the Director, Office of Human Resources.
- A grievance naming a Vice Chancellor or a member of the Vice Chancellor's Office as a respondent shall return to the Chancellor all grievance responsibilities associated with the Vice Chancellor
- Determination of Appropriate Steps for Filing a Grievance As previously mentioned, it is the intent of this policy that all issues/grievances be resolved at the earliest step of the grievance procedure as possible. Grievances are to be filed at Step 1 except when the problem involves a termination of employment and the notice of termination is regarded as a final decision of Step 1. If the employee initiates a grievance, he or she must do so within ten (10) working days of receipt of the notice of termination. The grievance goes directly to Step 2. The Office of Human Resources may elevate the initial filing of any grievance to Step 2 or Step 3 if it deems it appropriate to do so.
- Time Limits Regardless of the Step at which the grievance is initiated, an employee must file a grievance no later than ten (10) working days of when the employee knew or should have known about the incident or problem. If an employee fails to observe the time limits established for any Step, the grievance will be considered resolved. If the University fails to observe the time limits established for any Step, the employee may submit the grievance to the next Step within the designated time limits for appeal. The time limits identified in the four Steps may be extended if the employee, the department, and Office of Human Resources mutually agree to do so. In addition, the Office of Human Resources has the authority to extend the time limits on a case by case basis, at its discretion, due to extenuating circumstances and will inform the parties involved of the decision.
- Procedures for Filing and Processing Formal Grievances
- Step 1
- Employees are to submit the grievance in writing to their immediate supervisor with a copy sent to the Office of Human Resources. Failure to send the copy could cause a delay in processing the grievance. The form used for filing a grievance and any Step is included in this policy.
- The supervisor will send an email to employeerelationshr@siue.edu acknowledging the receipt of the grievance.
- The Office of Human Resources representative, after consultation with the chair of the Administrative Professional Staff Grievance Panel, will notify both the employee and the supervisor as to whether the issue is subject to the grievance procedure.
- The supervisor shall not issue a response to the grievance until he or she has received the determination from the Office of Human Resources representative that the issue is subject to the grievance procedure. To ensure proper guidance is received, the supervisor is encouraged to consult with the Office of Human Resources prior to issuing his or her response.
- The supervisor has five (5) working days from receipt of the eligibility determination from the Office of Human Resources to reply in writing to the employee. During this period, the supervisor and the employee shall meet and attempt to resolve the issue.
- The supervisor must forward a copy of his or her written Step 1 response to the Office of Human Resources at the time it is given to the employee.
- Step 2
- If the employee feels the outcome of Step 1 is unsatisfactory, or if the supervisor fails to respond within five (5) working days of the eligibility determination from the Office of Human Resources, the employee is entitled to appeal to Step 2.
- The dean or director or designee has five (5) working days from receipt of the Step 2 grievance to respond in writing and, during this period, will meet with the grievant to discuss and attempt to resolve the issue.
- The dean or director or designee is encouraged to consult with the Office of Human Resources prior to issuing the Step 2 response. A copy of the written Step 2 response must be forwarded to the Office of Human Resources at the time that it is given to the employee.
- Step 3
- If the employee feels the outcome of Step 2 is unsatisfactory, or the dean or director fails to respond within five (5) working days, the employee is entitled to appeal to Step 3.
- The employee must appeal in writing within five (5) working days of receipt of the Step 2 response/due date, to the Office of Human Resources.
- The Office of Human Resources has ten (10) working days from receipt of the Step 3 grievance to provide the University's response in writing and during this period will meet with the grievant to discuss and attempt to resolve the grievance.
- Step 4
- If the employee feels the outcome of Step 3 is unsatisfactory, or the Office of Human Resources fails to respond within ten (10) working days, the employee is entitled to appeal to Step 4.
- The employee must appeal in writing to the respective Vice Chancellor (or designee) within ten (10) days of receipt of the Step 3 response due date. A copy of this letter will also be sent to the chair of the Administrative Professional Staff Grievance Panel, hereafter referred to as The Grievance Panel.
- The Grievance Panel chair shall contact the Grievance Panel within five working days of notification by the employee. The Grievance Panel chair shall advise the elected persons from the Grievance Panel of the rules for potential conflicts of interest and disqualify those persons, if any, with such conflicts.
- Administrative professional staff employed in the same unit as a party to a grievance shall be deemed to have a potential conflict of interest in that particular grievance and shall not serve on a Grievance Panel for that grievance.
- If recusement occurs, the alternative individual from the respective Vice Chancellor's area or Chancellor's area will serve on the Grievance Panel.
- Administrative professional staff participants in a prior grievance in any capacity (grievant, respondent, advocate, witness, etc.) involving a party to a current grievance shall be deemed to have a potential conflict of interest and shall not serve on a Grievance Panel for the current grievance.
- If recusement occurs, the alternative individual from the respective Vice Chancellor's area or Chancellor's area will serve on the Grievance Panel.
- Administrative professional staff with a professional or personal relationship with a party to a grievance that creates an appearance of a conflict of interest shall not serve on a Grievance Panel for that grievance. It shall be the obligation of the administrative professional staff member to immediately disclose such a potential conflict of interest.
- If recusement occurs, the alternative individual from the respective Vice Chancellor's area or Chancellor's area will serve on the Grievance Panel.
- Administrative professional staff elected to the Grievance Panel must serve unless they can show good cause as to why they should be excused from such service. Administrative professional staff must petition the Grievance Panel chair in writing within three days of notification of selection to be excused for good cause from participation in a particular grievance. The Grievance Panel chair shall issue a final decision to such petition within five days.
- Administrative professional staff employed in the same unit as a party to a grievance shall be deemed to have a potential conflict of interest in that particular grievance and shall not serve on a Grievance Panel for that grievance.
- The Grievance Panel chair will provide each member of the Grievance Panel with a copy of the statement of grievance and the formal reply by the respondent to the statement of grievance and will concurrently, notify the grievant and the respondent of the composition of the Grievance Panel.
- The chair of the Grievance Panel shall be responsible for conducting the Grievance Hearing in conformance with this Staff Grievance Procedure. The chair shall have the authority to allocate hearing responsibilities to the members of the Grievance Panel, decide questions of relevance of evidence, and seek counsel from the Office of General Counsel, Director, Office of Human Resources and the respective Vice Chancellor, on any matter pertaining to the grievance. The Grievance Panel shall also schedule the date of the Grievance Hearing.
- The Grievance Hearing must be held within ten to fifteen working days following notification of a grievable matter.
- It is the responsibility of the grievant and respondent to cooperate with the Grievance Panel to schedule and attend the hearing.
- At the discretion of the Grievance Panel, and based on the circumstances of a particular grievance, a pre-hearing meeting of the Grievance Hearing may be held with the parties, including advocates, to discuss scheduling, proposed time allotments for the hearing, procedural matters, evidentiary matters, issues, confidentiality or any other topics relevant to the hearing.
- The parties shall deliver to the Grievance Panel chair a complete witness list and all exhibits pertaining to the case no less than five working days prior to the scheduled grievance hearing.
- Exhibits not received and witnesses not identified five working days prior to the Grievance Hearing may not be allowed at the Grievance Hearing, as determined at the sole discretion of the Grievance Panel.
- The Grievance Panel chair shall convene and preside over the Grievance Hearing. The chair shall preliminarily explain the proceedings to the parties and resolve procedural issues, if any.
- The parties shall be advised of their responsibilities regarding attendance, testimony, honesty, rights, confidentiality, and the maintenance of order and decorum.
- The grievant and the respondent(s) must be invited to all testimonial hearings.
- If a party is absent or refuses to participate or cooperate, the hearing shall proceed regardless of whether a party is absent or refuses to participate or cooperate.
- The Grievance Hearing procedural rules to be observed are as follows:
- The Grievance Hearing shall be closed except for the parties, advocates, legal counsel, witnesses (while giving testimony), and the Grievance Panel.
- Everyone in attendance shall exhibit civil and professional behavior throughout the Hearing. It is the duty of the Grievance Panel to ensure that each party receives the same opportunity to be heard in a civil environment. Therefore, the Grievance Panel's chair may use any means necessary (including security personnel) to remove from the Grievance Hearing any individual who is disruptive. The Chair furthermore may also report any disruptive behaviors to the appropriate campus administrative personnel for follow up.
- All witnesses, including the parties, shall be under oath when testifying.
- The burden of proof remains on the grievant at all times.
- The Chair of the Grievance Panel shall be responsible for audio recording the entire hearing.
- Strict or formal rules of evidence need not be followed. Evidence deemed by the Grievance Panel to be irrelevant or immaterial may be disallowed.
- The Grievance Process should be completed as rapidly as possible while ensuring a fair and equitable hearing of the evidence.
- A party may challenge the admission of evidence if the party believes there is a good reason the evidence should not be admitted.
- The Grievance Panel should generally defer to the parties in allowing reasonable testimony and evidence to be presented at the hearing.
- The Grievance Panel shall make the final decision in all cases regarding the relevance and admissibility of evidence.
- The burden shall be on the grievant and respondent to inform the Grievance Panel as to the existence and probable location of information bearing upon the grievance.
- A party's refusal to cooperate to provide evidence, or unduly delaying providing evidence which the Grievance Panel, grievant or the respondent requests, may be grounds for finding against the uncooperative or dilatory party.
- Documentary evidence to be used by a party must have been in existence at the time of the events in dispute.
- Exhibits created specifically for the hearing shall not be admissible and shall not be considered as evidence.
- Each party shall be solely responsible for locating, assembling, photocopying, and delivering all documents and exhibits to support its case to the Grievance Panel Chair as detailed above.
- Either party shall have the right of access to all evidence presented.
- The Grievance Panel shall make its findings of facts and conclusions based solely on the evidence presented and shall determine recommendations supported by a preponderance of the evidence.
- The grievant and respondent may be accompanied to the Grievance Hearing by either an advocate (non-attorney) or an attorney for the purpose of receiving advice or assistance.
- The Grievance Panel must receive notice that an advocate or attorney will be attending the Hearing at least five (5) working days in advance of the hearing.
- Advocates or attorneys shall not participate directly in the Grievance Hearing, except when participation is required by operative law or regulations in a specific instance.
- Consultation with advocates or attorneys during the Grievance Hearing will be at the consent of the decision maker.
- Ex parte communications (See Definitions, 13.k) by the grievant and respondent with members of the Grievance Panel shall be strictly prohibited. Requests by the grievant or respondent to communicate with members of the Grievance Panel outside the formal Grievance Hearing shall be directed through the chair of the Grievance Panel.
- The Grievance Panel shall retain its right to deliberate with neither party present.
- Members of the University community shall cooperate with the Grievance Panel, grievant, and respondent in making relevant information available.
- Members of the University community, other than the parties to the grievance, shall not be compelled to testify
- If a member of the University community fails to cooperate with the Grievance Panel, the Chair will work with the respective Vice Chancellor to resolve issues and concerns.
- Failure to cooperate with the Grievance Panel may lead to disciplinary action
- The Grievance Panel shall report all problems obstructive to the fair and expeditious review of the grievance to the respective Vice Chancellor, with a request for such intervention as may lie within the authority of the respective Vice Chancellor.
- The Grievance Hearing shall be conducted as follows:
- An opening statement of a general overview of the case by the grievant followed by an opening statement by the respondent. Opening statements shall be limited to fifteen minutes for each party.
- The grievant presents his/her case to the Grievance Panel by calling and soliciting testimony from his/her witnesses and presenting the documentary evidence submitted earlier.
- The respondent may cross-examine the grievant's witnesses.
- The Grievance Panel may question the grievant's witnesses at any time during the proceedings.
- The respondent presents his/her case to the Grievance Panel by calling and soliciting testimony from his/her witnesses.
- The grievant may cross-examine the respondent's witnesses.
- The Hearing Panel may question the respondent's witnesses at any time during the proceeding.
- After the grievant and respondent have presented their witnesses and evidence, the Grievance Panel Chair shall ask all parties to present any further information pertaining to the case, if any.
- The evidentiary phase of the Grievance Hearing shall be deemed complete by the Grievance Panel Chair.
- A closing statement may be made by the grievant summarizing the evidence, followed by a closing statement by the respondent.
- Closing statements shall be limited to fifteen minutes for each party.
- Grievance Panel shall deem the hearing complete and shall retire to deliberate and prepare a Grievance Panel Report for submission to the respective Vice Chancellor.
- The Grievance Panel Report, all exhibits presented at the Grievance Hearing, and the audio recording of the Grievance Hearing shall be submitted by the Grievance Panel to respective Vice Chancellor within ten working days after completion of the hearing.
- Copies of the Grievance Panel Report, without exhibits and audio recordings, shall simultaneously be sent by the Grievance Panel to the grievant, respondent(s) and Director, Office of Human Resources.
- The Grievance Panel may extend the time for making its Report for good cause after consultation with the Director, Office of Human Resources.
- A final decision on the extension of time shall rest with the Director, Office of Human Resources.
- The Hearing Panel Report shall include the following:
- A summary of the charges and evidence.
- A clear statement of the finding of the facts.
- The conclusions and recommendations of the Hearing Panel.
- The rationale for such recommendations.
- Other pertinent comments.
- Within fifteen working days after receipt of the Grievance Panel report, all exhibits, and the audio recording of the Grievance Hearing, the respective Vice Chancellor shall, after consultation with the Director, Office of Human Resources, inform the, members of the Grievance Panel, Director, Office of Human Resources, grievant, and respondent(s) in writing as to the respective Vice Chancellor's decision in the case.
- The respective Vice Chancellor can extend the fifteen working day period for a reasonable period of time, but such extension shall not exceed an additional thirty calendar days.
- The respective Vice Chancellor, in consultation with the Chancellor, has the authority to accept or reject the Hearing Grievance Panel report.
- If the respective Vice Chancellor rejects a Grievance Panel's report, including its recommendations, the respective Vice Chancellor shall provide, in writing, a detailed rationale to grievant, respondent, and members of the Grievance Panel. A copy of the written rejection will also be sent to the Director, Office of Human Resources.
- The respective Vice Chancellor's decision on the Grievance Panel Report and the grievance shall constitute the final institutional decision. In accordance with Bylaw VI. (2) of the Board of Trustees of Southern Illinois University, the grievant may appeal the institutional decision to the Board of Trustees. For additional information, please visit the Board of Trustees grievance appeal process.
- Step 1
- Once a written recommendation is submitted by the Grievance Panel, the Office of Human Resources shall be responsible for the custody, security, and confidentiality of all records, including the audio recording of the hearing, pertaining to grievances under this policy.
- The grievant and respondent(s) may have access to hearing records in the presence of a representative of the Office of Human Resources. Access to the record of the case must be approved by and arranged through the Director, Office of Human Resources.
- Within thirty calendar days of the close of the University's fiscal year, the chair of the Grievance Panel shall prepare a report for the Staff Senate Professional Staff Panel outlining all outstanding grievances with the date the grievance was filed and the current status, but omitting the names of the grievant and respondent for the purpose of confidentiality.
- With respect to grievances concluded during the past fiscal year, the Grievance Panel chair shall prepare a report to the Staff Senate Professional Staff Panel outlining the date the grievance was filed, the date the hearing was held, the Grievance Panel Report and the decision of the respective Vice Chancellor or Chancellor, but omitting the names of the grievant and respondent for the purpose of confidentiality.
- Confidentiality of all matters pertaining to a grievance under this Administrative Professional Staff Grievance Procedure is imperative in order to preserve and protect the privacy interests of the parties.
- Except as authorized by law or by operation of this Policy, or as granted by the consent of both parties to a grievance, disclosure to third parties of the content or subject matter of a grievance proceeding is prohibited.
- This restriction applies to the grievant, respondent, advocates, legal counsel for the parties, Grievance Panel, Administrative Staff and Office of Human Resources.
- A breach of confidentiality of a grievance proceeding by a party to a grievance may result in a finding against the breaching party, as determined solely by the Grievance Panel.
- A breach of confidentiality of a grievance proceeding by a member of a Grievance Panel may be grounds for removal from the Grievance Panel, or other consequences, as determined by the membership.
- The Office of Human Resources shall be responsible for implementing, monitoring, and for maintaining custody, security, and confidentiality of all records pertaining to grievances under this policy.
- Definitions
- Administrative Professional Staff Grievance Panel hereafter referred to as the Grievance Panel: The panel selected to hear testimony and to make findings of fact, conclusions and recommendations. The Grievance Panel shall receive training and advice from the Office of General Counsel.
- Grievance Panel will consist of five administrative professional staff and one alternate.
- Grievance Panel members shall be selected using the listing of eligible employees provided by the Office of Human Resources. Eligible employees in the Grievant's and Respondent's functional work area(s) will be excluded from consideration.
- The Administrative Staff Panel Chair will randomly draw the names of 16 eligible employees.
- The Grievant and Respondent will each be provided the opportunity to strike up to 5 names from the list of 16.
- From the names remaining after the Grievant and Respondent have struck names from the list, the chair of the Administrative Staff Panel will then randomly draw five names to be seated as the Grievance Panel and one name to be the alternate.
- The alternate shall attend all panel proceedings and will vote only should any of the five seated members be unable to fulfill the duties of a Grievance Panel member.
- One member of the selected Grievance Panel shall be selected to chair the Grievance Panel by the seated Grievance Panel.
- Administrative Staff Panel established by the Staff Senate. The chair of this panel will conduct the selection process.
- Administrator: An SIUE administrative professional employee, including a Vice Chancellor, Associate Vice Chancellor, Assistant Vice Chancellor, director, dean, chair or equivalent, who manages or oversees SIUE policies, procedures and/or personnel.
- Advocate: A member of the University administrative professional staff who has agreed to advise and/or represent the Grievant or Respondent during the course of the grievance. The identity of the advocate must be made known to the other party and Hearing Panel in writing prior to the hearing. The Hearing Panel may allow a party to name a different advocate during the course of a grievance upon a showing of good cause.
- Burden of Proof: The grievant shall have the burden of proving their case by a preponderance of evidence.
- Decision: The final decision by the respective Vice Chancellor made in response to the Grievance Panel Report.
- Evidence: Any manner of proof presented at a hearing of a grievance by the parties through testimony, records, documents, exhibits and/or objects for the purpose of showing the truth or falsity of the issues in dispute between the parties to the grievance.
- Ex Parte Communication: A communication between a party to a grievance and any member of the Grievance Panel or the respective Vice Chancellor prior to issuance of the final report of the Grievance Panel that pertains to the subject matter of a grievance and is conducted in the absence of the opposing party. Ex parte communications are prohibited unless written consent is given by the absent party.
- Grievance Panel Report: The written report of the findings, conclusions and recommendations reached by the Grievance Panel, based upon facts presented in a hearing.
- Grievance Hearing: The proceedings in which the Grievance Panel is presented with testimony and other evidence and develops the written record upon which it must base its findings of fact, conclusions and recommendation.
- Grievant(s): The person(s) bringing the grievance.
- Legal Counsel: A licensed attorney at law representing the legal interest of a party to a grievance.
- Notice: Written communication to the parties, respective Vice Chancellor, Director, Office of Human Resources, Grievance Panel Chairperson or other administrators.
- Party to a grievance: Grievant(s) and Respondent(s)
- Record: The written statements, documentary evidence and the audio tape of the Grievance Hearing. Personal notes taken by the parties involved and by members of the Grievance Panel during the Grievance Hearing and related deliberations shall not be considered part of the Grievance Record.
- Relevancy: That quality of evidence which renders its use appropriate in determining the truth and/or falsity of the issues in dispute between the parties to the grievance.
- Respondent(s): The person(s) against whom the complaint is brought.
- Return Receipt: A receipt including the signature of the individual receiving materials via postal delivery and the date received.
- Statement of Grievance: The written document filed with the respective Vice Chancellor. This document shall identify the following:
- Respondent(s),
- The policy allegedly violated by respondent(s),
- The date of the alleged violation,
- A brief, clear statement of the reason(s) for the filing and the specific act(s) upon which the grievance is based.
- A statement of the relief sought by the grievant.
- Testimony: Oral evidence heard by the Hearing Panel and written statements or documents read to the Hearing Panel by any party.
- Witness: A person providing evidence for any party in the grievance.
- Working Day: Any weekday (Monday through Friday) when the University is officially open and conducting business. All reference to "day" as a time to perform under this Staff Grievance Policy shall be considered a "working day", as defined herein, unless otherwise specifically noted to the contrary.
3.15 Inclement Weather and Other Special Conditions
Approved February 1982
Approved and Revised November 14, 2008
Approved and Revised October 20, 2010
The general policy of the University is to remain open for programs and operations as scheduled. In the event of emergency closure, due to weather or other special conditions, arrangements for pay or time off will be determined in accordance with respective employment contracts and University policies including the University's Inclement Weather and Other Special Conditions Policy.
Since safe transportation to and from the campus depends on many factors, such as distance, specific road conditions in home areas, etc., individuals are urged to exercise discretion and sound judgment with regard to travel.
When extreme conditions are judged to exist, all or parts of the campuses of the University may be closed for a specified period of time. Announcements regarding the closure or delayed opening of all or parts of the University will be made on local radio and television stations. Employees may also receive text messages, or may check the SIUE website or work voice mail for information relevant to a University closure. Every attempt will be made to make a decision by 5:00 a.m. regarding closure.
For the complete Inclement Weather Policy and Other Special Conditions, please visit Inclement Weather Services and Policy 2C1.
3.16 Meals and Breaks
Approved March 23, 1999
Approved and Revised May 12, 2011
Lunch periods are 60 minutes in length with deviations made to accommodate University operations. Employees are entitled to two 15-minute breaks daily to be taken in accordance with the daily operational needs of each department. Lunch periods and breaks cannot be used to begin or end the work day.
3.17 Personnel Records
Approved September 27, 1988
Approved and Revised May 12, 2011
Official personnel files are maintained by the Office of Human Resources. The employee's supervisor may maintain a file containing materials related to the employee's work performance. Supervisors are encouraged to share materials related to work performance with employees.
An employee and/or the employee's designated union representative, if authorized in writing by the employee, shall have the right to inspect the employee's official personnel file. Reasonable requests for copying materials in the official personnel file will be honored. The University complies with the Personnel Record Review Act, as amended.
Download the Request for Disclosure of Public Records Form.
3.18 Progressive Discipline Process
Approved July 1, 2003
Approved and Revised May 12, 2011
Whenever appropriate, progressive discipline will be used to address and correct behavior, enforce policies and encourage employees to successfully fulfill job expectations. Discipline is to be administered fairly, consistently and equitably. A system of progressive discipline ranges from oral warnings to written warnings to suspension from the job to termination. The level of the discipline will be determined by the severity and frequency of the offense. For offenses deemed to be detrimental to the University and/or its community, progressive discipline may not be appropriate. The University's Progressive Discipline process is administered in conjunction with the Office of Human Resources and is generally applied as follows:
- First offense - Oral warning
- Second offense - Written warning
- Third offense - Discipline including but not limited to suspension
- Fourth offense - Discipline including termination
Employees who have received a written warning in the last 3 months are not eligible to be considered for a job change including a promotion. Employees who have been suspended in the last 12 months are not eligible to be considered for a job change or promotion without the approval of the Director of Human Resources.
Employees have the right to appeal discipline decisions. For information on the appeal process, employees should contact the Office of Human Resources.
3.19 Rules and Regulations
Approved March 23, 1999
Approved and Revised May 12, 2011
The Office of Human Resources will discuss revisions and recommendations regarding rules and regulations with the Human Resources Advisory Group which is composed of a representative of each Vice Chancellor's area. The Policy Review Panel of the University Staff Senate (USS), the Welfare Council of the Faculty Senate, appropriate Vice Chancellor or individual employees may consult with the Director, Office of Human Resources regarding rules and regulations for consideration. Final revisions and recommendations will be submitted to Chancellor's Council for review.
3.20 Sexual Harassment
The University is committed to creating and maintaining a community free of all forms of harassment, exploitation or intimidation. It is the policy of this University that sexual harassment in any form will not be tolerated. All employees are responsible for taking reasonable and necessary action to prevent sexual harassment. The University will take whatever action is needed to prevent, stop, correct, or discipline an employee for conduct that violates the Sexual Harassment Policy. All members of the University community are encouraged to promptly report any conduct that may violate this policy.For additional information concerning SIUE's sexual harassment policy, please visit EOA or contact the Office of Equal Opportunity, Access & Title IX Coordination, Rendleman Hall, Box 1025, Edwardsville, IL 62026-1025.
3.21 Smoking Policy
Approved May 12, 2011
Approved and Revised February 19, 2014
Approved and Revised June 15, 2015
For information on the University's Smoking Policy, please visit Policy 6A2.
3.22 Solicitation and Distribution
Approved February 1982
Approved and Revised May 12, 2011
Recognized University groups may solicit funds, membership or other activities. Recognized groups include all University departments and recognized student groups associated directly with the University and engaged in official University business with University participants. The solicitation, collections, distributions, benefit request, sales activities or other similar actions by any other group is not allowed in order to prevent interruption and interference in work activity for personal monetary gain. No person, group of persons, or organization will be permitted to solicit membership in any organization from University employees during work hours or in the workplace. No person, group of persons, or organization will be permitted to solicit funds, solicit membership or engage in union activities on University premises during the normal working hours of the particular work location, except in the settlement of grievances. No permission to solicit will be granted outside the terms of the official solicitation policy of the Board of Trustees.
For additional information regarding solicitation and distribution, please visit The Board of Trustees Policies.
3.23 Telephone Use
Approved September 4, 1998
Approved and Revised May 12, 2011
University phones are provided to employees for University-related business.
Personal calls shall be limited in time and number and shall not interfere with work. Personal calls whether on a University provided phone or personal cell phone (including incoming calls) should be limited to a few minutes in any one day. An Employee may be responsible for the costs of longer calls of a personal nature and all personal calls outside the local commuting area. Fiscal officers are responsible for reviewing monthly phone bills to enforce this policy. Employees using a University phone to place calls outside the University should be aware that all calls are tracked by the employee's access code. Employees are encouraged to safeguard their access codes to avoid misuse.
A network of emergency phones is in operation across campus. A campus map provides an illustration of the location of all exterior emergency phones.
For additional information regarding the use of University phone services please visit ITS.
3.24 Weapons Policy
Possession, use or distribution of any firearms, explosives, dangerous chemicals, or other weapons as defined by Illinois law on University premises or at a University function, except as permitted by University policy, shall result in termination of employment. Unauthorized possession or use of weapons or dangerous substances includes but is not limited to:- Firearms
- Explosives and/or explosive devices
- Weapons described under Illinois Compiled Statues Ch. 720, sections 5/24-1, 5/24-2, and 5/24-6
- Pellet guns and B-B guns
- Fireworks
- Dangerous chemicals or fuels
For additional information on the Weapons Policy, please visit the SIUE workplace violence policies and procedures.