Contact

Human Resources Director

555 S. Howes Street, Suite 204
Fort Collins, CO 80523-6004

(970) 491-MyHR (6947)

HR Solutions

555 S. Howes Street, Suite 210
Fort Collins, CO 80523-6004

Grievance and Appeal Process

State Classified
Denied Grievance
Or Appeal
Representation Role of
HR Solutions
Grievances Grievance
Process
Appeals

 

The University encourages employees to act to resolve disagreements or misunderstandings which may arise in the course of employment. If it is not possible to resolve concerns through informal discussion among the individuals involved, the employee may pursue resolution through the appropriate grievance/appeal procedure.

Employees and applicants shall be informed of their rights to seek review through grievance, including the time limits in which such right or option must be exercised, and the official to whom correspondence should be directed. The agency official who gives notice of any corrective action shall be responsible for conveying such information together with the written action.

Denied Grievance or Appeal

Employees who are denied the opportunity to process a grievance or appeal in accordance with the procedure or who are threatened or subjected to duress as a result of processing a grievance should notify the Director of Human Resource Services in writing. The Director shall ensure that the appropriate steps are taken to address the employee's complaint.

Representation

Employees have the right to be represented by a person of their choosing at any step in the process.  That person may participate and speak for the employee. The employee is expected to participate in the discussion during the grievance process.

Role of HR Solutions

The HR Solutions Partner shall:

  • Serve as facilitator in these procedures and ensure that all appropriate procedural rights are protected
  • Advise both parties on matters relating to the interpretation of applicable rules or policies
  • Attend each scheduled conference as a resource person and/or facilitator if so requested by either party
  • Mediate disagreements concerning time limits, requests for time extensions, the determination of the effect of prearranged or emergency absences from campus on the specified time limits; or other procedural matters relating to the effective resolution of grievances.

Grievances

Annual Leave Discrimination,
Sexual Harassment
Overtime Designation
A nd Compensation
State Personnel
Board Rules
Discretionary
Hearings

 

Any employee who is aggrieved by any action may initiate a formal grievance, not otherwise appealable, that relates to his/her working conditions, relationships, or agency policies, rules, or regulations. Grievances include, but are not limited to such matters as:

  • Corrective actions
  • Employee/supervisor relationships
  • Duty assignments not affecting job classification
  • Shift and job location assignments
  • Hours worked
  • Working facilities and conditions
  • Policies for granting leave
  • Health and safety issues

If the grieving employee is no longer employed under the state personnel system, any grievance in process is considered concluded.

Annual Leave

A grievance cannot include any issue pertaining to the sharing of annual leave by state employees.

Discrimination, Sexual Harassment

Situations involving complaints of discrimination or sexual harassment should be brought to the attention of the Office of Equal Opportunity.

Overtime Designation and Compensation

The State Personnel Director reviews grievances regarding overtime compensation and the overtime exempt or nonexempt designation of positions.

State Personnel Board Rules

If an opinion provided by the HR Solutions Partner concerns matters related to the administration of the State Personnel Board Rules, the employee is entitled to have the opinion reviewed by the Executive Director of the State Department of Personnel or the State Personnel Board under one of the appeal options identified in this section.

Discretionary Hearings

The State Personnel Board has the discretion to grant hearings in areas not listed here. These include petitions for consideration of a grievance decision that has been processed through all four steps within the University. All appeals have filing requirements. In most cases, appellants have 10 calendar days from the date written notice of the action appealed is received to file a formal appeal or petition for hearing with the State Personnel Director or Board.

Grievance Process

Time Limits Informal
Discussion
File a Grievance Request a
Step 3 Review
Request a
Step 4 Review

 

An employee filing a grievance must provide a copy of the original complaint and all subsequent materials filed throughout the grievance process to the Director of Human Resources. The employee's department must also submit all responses at each step of the grievance to the Director of Human Resources.

Time Limits

Failure by the employee to proceed to the higher step within the proscribed time limit shall constitute termination of the grievance. Failure on the part of the designated University official to provide a decision within the proscribed time limit shall be considered denial of the requested remedy, and the employee may proceed to the next higher step. Proscribed time limits may be extended by mutual consent of the parties at any step in the process.

1. Informal Discussion

The first step in the formal grievance procedure is an informal discussion (initiated by the employee within 10 calendar days of the incident or knowledge of the incident by the employee) between the employee and the person involved in the incident that gave rise to the dispute.

If the grievance includes a charge of discrimination, it must be filed in writing with both the supervisor and the Personnel Board. The employee shall be informed in writing of the decision within 7 days after the discussion. If a timely decision is not issued, the employee may proceed to Step 2.

2. File a Grievance

If the informal discussion fails to resolve the employee's concerns, the employee has 5 working days after receipt of the informal decision to file a Grievance Form with the superior of the person with whom the employee had the discussion at step one.

The written grievance should state the complaint, the actions already taken by the employee to resolve the complaint, and the relief requested. Only the issues set forth in the written grievance shall be considered thereafter. A copy of the statement of grievance and supporting documentation also should be provided to the Director of the University's Human Resource Services Department. The Step 2 official shall schedule a conference with the parties within 3 working days after receiving the written grievance. A written decision shall be provided within 3 working days of the conclusion of the conference(s). The written decision at this level shall be binding unless the employee requests that the matter be reviewed at Step 3.

3. Request a Step 3 Review

Requests for a STEP 3 review shall be made in writing within 3 working days of the receipt of the decision at Step 2 and shall be filed with the appropriate Dean (for employees in Academic Colleges and the Graduate School) or the appropriate Vice President for employees in other units. The appropriate Dean or Vice President shall, within 3 working days of receipt of the grievance, select a person or committee to review the grievance. The person or committee selected shall, within 3 working days of receipt of the grievance from the Dean or Vice President, schedule a conference(s) with the parties. A written decision shall be rendered within 5 working days after the conclusion of the conference(s). The written decision at this level shall be binding unless the employee elects to request that the matter be reviewed at Step 4.

4. Request a Step 4 Review

A written request for a Step 4 review should be filed with the appropriate Dean or Vice President within 3 working days after receipt of the Step 3 decision. The Dean or Vice President shall schedule a conference(s) with the parties within 5 working days of receipt of the Step 4 request. A written decision shall be provided to the employee within 7 working days of the conclusion of the conference(s). The Step 4 decision shall be the final decision of the University.

An employee may petition the State Personnel Board to hear an appeal of the University's decision within 10 days of receipt of the Step 4 decision. Copies of the request should be provided to the Dean or Vice President who rendered the Step 4 decision and to the Director of the University’s Human Resource Services Department. Appeals of this type are covered in Discretionary Hearing Procedures. Grievances that involve a Dean as the party in Step 1 should be filed with the Academic Vice President. Those that involve a Vice President should be filed with the President.

Appeals Procedures

The State Personnel Board hears and decides appeals of state employees. Appeals may involve disciplinary actions (such as terminations, suspensions, demotions, and pay reductions), non-disciplinary actions (such as layoffs and administrative discharges), discrimination charges, whistleblower claims, and other issues. The Board can only reverse or modify an agency decision if that decision was arbitrary, capricious, or contrary to rule or law.

Colorado law applies strict deadlines to the filing of appeals. All appeals must be filed within 10 days from the date of the action being appealed. The filing date of the appeal is the date it was postmarked, hand-delivered, or received by fax at the Board's office.