DISPUTE RESOLUTION POLICIES
The following links offer a quick summary of formal University processes for different types of positions. This information does not supersede or substitute for University policy. Please refer to the appropriate policy manual for more detailed information.
Classified Staff
These options are available to Regular Classified Staff, scheduled to work at least .5 FTE for 6 months or more. Refer to applicable policies for additional information on eligibility, time lines, and procedures.
Personnel Policies
Classified Staff may appeal these personnel matters:
- performance appraisals
- application of layoff policy
- reassignments
- disciplinary action
- transfers
Job classifications, verbal warnings, HR or ABOR policy violations, raises, and discrimination are excluded from the dispute resolution procedure.
| Appeal Process | Applicable Policy |
|---|---|
|
Appeals move through the process at successively more senior levels of organizational leadership:
Initial deadline: 30 calendar days from the time employee knows, or should know, of action/issue in dispute |
Classified Staff Policy 406.0 |
Discharge from Employment
Does not apply to layoffs.
| Appeal Process | Applicable Policy |
|---|---|
|
A written appeal must be filed with the Vice President for Human Resources. Deadline: 10 working days from the employee's receipt of written notification of discharge. Vice President for Human Resources will determine whether correct procedural steps were followed. A hearing is held before a 3-member panel from the Staff Dispute Resolution Committee. |
Classified Staff Policy 406.0 |
Discrimination or Sexual Harassment
The University of Arizona Nondiscrimination and Anti-harassment policy prohibits discrimination on the basis of race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, gender identity, or genetic information.
| Appeal Process | Applicable Policy |
|---|---|
|
Complaints are investigated by the Office of Institutional Equity (OIE). Deadline: 180 days from the most recent alleged act of discrimination OIE’s finding of fact is not subject to appeal. However, the employee may appeal any disciplinary action imposed by following the normal appeals process listed above |
Nondiscrimination and Anti-harassment Policy |
Process for Distributing Merit Increases
| Appeal Process | Applicable Policy |
|---|---|
|
Written appeal must be filed with the unit dean/vice president. The dean/vice president’s decision is final. |
Classified Staff Policy 308.0 |
Whistleblower Complaint
The Arizona Board of Regents “Protection of Employees from Reprisal for Whistleblowing” designates an appeal process when an employee believes an adverse personnel action was taken against him or her in retaliation for the employee making a good faith disclosure of alleged wrongful behavior.
| Appeal Process | Applicable Policy |
|---|---|
|
Appeal is submitted to and investigated by a university officer such as president, provost, vice-provost, vice-president, dean, or non-academic department director. University officer issues decision within 45 days which is then implemented by the immediate supervisor within 10 days. Deadline: Employee may request a hearing within 15 days of receipt of University officer’s decision. |
Arizona Board of Regents Policy 6-914 |
Appointed Professionals
Refer to applicable policies for additional information on eligibility, time lines, and procedures.
Annual Performance Review
| Appeal Process | Applicable Policy |
|---|---|
|
Appeals of performance reviews are made in writing to the administrative head of the next level; i.e., the person to whom your supervisor reports. The same process is used for appealing a review related to a non-faculty appointment. Deadline: 30 days after receipt of written performance review |
Continuing Status Professionals: Academic Professionals: University Handbook for Appointed Personnel 4B.2.03 Service Professionals: University Handbook for Appointed Personnel 4C.2.03 |
Contract Nonrenewal: All Professionals
For all types of professionals, a nonrenewal decision is final, and the employee is not entitled to a statement of reasons for that action.
-
Continuing Status/Continuing Eligible Professionals: The president makes decisions on nonrenewal, which are final. University Handbook for Appointed Personnel 4A.4.03
-
Service Professionals: The employee’s immediate administrative head makes nonrenewal decisions, which are final. University Handbook for Appointed Personnel 4C.3.04
-
Academic Professionals: The employee’s dean or division head makes nonrenewal decisions, which are final. University Handbook for Appointed Personnel 4B4.04
Denial of Promotion
Continuing Status/Continuing Eligible Professional
-
Denial of Promotion or Continuing Status: Decisions on promotion and continuing status are made by the provost and are final. The employee may request a statement of reasons for the action, but does not have appeal rights: University Handbook for Appointed Personnel 4A.4.05
Academic Professional
| Appeal Process | Applicable Policy |
|---|---|
|
Dean or division administrator makes promotion decisions. Denial of promotion may be appealed to the Provost. Deadline: Within 30 days of decision by dean or division administrator |
University Handbook for Appointed Personnel 4B.3 |
Dismissal or Suspension: All Professionals
| Appeal Process | Applicable Policy |
|---|---|
|
Written request is filed with Committee on Conciliation for review and investigation. Committee submits findings and recommendations to the president for approval. If the professional is willing to accept precedents determined, then the case is closed. OR If the employee does not accept the determination, then the case goes to the Committee on Academic Freedom and Tenure (CAFT) for a formal hearing. |
Arizona Board of Regents Policy 6-302(I) Continuing Status Professionals: University Handbook for Appointed Personnel 4A.4.02 Academic Professionals: University Handbook for Appointed Personnel 4B.4.02 Service Professionals: University Handbook for Appointed Personnel 4C.3.02 |
Grievances and Complaints by or against Appointed Personnel
This procedure applies to complaints that are not provided for in chapters 3, 4, and 5 of the University Handbook for Appointed Personnel. Those chapters cover appeals for such issues as performance evaluation, appointment, nonrenewal, promotion, continuing status, and tenure.
| Appeal Process | Applicable Policy |
|---|---|
|
Grievance or complaint is filed with the immediate administrative head of the individual about whom the grievance or complaint is made. Deadline
The immediate administrator's decision may be appealed to the next administrative level. Deadline: 10 days from receipt of immediate administrator’s decision. Appointed personnel who are not members of the General Faculty may file a petition with the Committee on Conciliation and, if conciliation is not possible, then subsequently with the Committee on Academic Freedom and Tenure (CAFT) for a formal hearing. |
University Handbook for Appointed Personnel Chapter 6 |
Discrimination or Sexual Harassment
The University of Arizona Nondiscrimination and Anti-harassment Policy prohibits discrimination on the basis of race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, gender identity, or genetic information.
| Appeal Process | Applicable Policy |
|---|---|
|
Complaints are investigated by the Office of Institutional Equity. Deadline: 180 days from most recent allegedly discriminatory act OIE’s finding of fact is not subject to appeal. However, the employee may appeal any disciplinary action imposed by following the relevant the appeals process. |
Whistleblower Complaint
The Arizona Board of Regents “Protection of Employees from Reprisal for Whistleblowing” designates an appeal process when an employee believes an adverse personnel action was taken against him or her in retaliation for the employee making a good faith disclosure of alleged wrongful behavior.
| Appeal Process | Applicable Policy |
|---|---|
|
Appeal is submitted to and investigated by a university officer such as the president, provost, vice-provost, vice-president, dean, or non-academic department director. University officer issues decision within 45 days, which is then implemented by the immediate supervisor within 10 days. Deadline: Employee may request a hearing within 15 days of receipt of University officer’s decision. |
Arizona Board of Regents Policy 6-914 |
Faculty
Refer to applicable policies for additional information on eligibility, time lines, and procedures.
Annual Performance Review
This section applies to annual performance reviews of all faculty members, except those faculty members who are appointed with an "Adjunct" or "Visiting" title on their Notices of Appointment or Reappointment and/or those faculty members who are not tenure eligible and whose Notices of Appointment or Reappointment provide a short-term appointment period of 6 months or less.
| Appeal Process | Applicable Policy |
|---|---|
|
Appeal is made in writing to the head of the next administrative level, normally the dean. Appeal must state:
Deadline: 30 days from receipt of performance review Post-tenure faculty who receive an Unsatisfactory rating are required to enter a Faculty Development Plan or Performance Improvement Plan, depending on the extent of deficiency. If there is a finding of unsatisfactory improvement following the Faculty Development Plan, the finding may be appealed to the next administrative level. |
University Handbook for Appointed Personnel 3.2.03 |
Denial of Promotion or Tenure (Tenured or Tenure-Eligible Faculty)
| Appeal Process | Applicable Policy |
|---|---|
|
Provost’s decision may be appealed in writing to the president. Deadline: 30 days after notice President’s decision is final. |
University Handbook for Appointed Personnel 3.3 |
Contract Nonrenewal
Tenure-Eligible Faculty
| Appeal Process | Applicable Policy |
|---|---|
|
Provost’s decision not to renew a contract may be appealed in writing to the president Deadline: 30 days after notice President’s decision is final. |
University Handbook for Appointed Personnel 3.4 |
Career-Track Faculty
| Appeal Process | Applicable Policy |
|---|---|
|
Department head's decision may be appealed in writing to the dean of the college or, in single-department colleges, to the provost. Deadline: 15 days from receiving the decision The decision of the dean or provost is final. |
University Handbook for Appointed Personnel 3.4 |
Dismissal or Suspension
Applies to tenured and career-track faculty
| Appeal Process | Applicable Policy |
|---|---|
|
Recommendation for suspension or dismissal is sent to the president: Faculty may appeal the recommendation to the president. Deadlines
Notice of suspension or dismissal: Faculty may file an appeal with president and with chair of the Committee on Academic Freedom and Tenure (CAFT) with detailed statement of position and copy of notice of dismissal or suspension. Deadline: 10 days after receipt of notice |
Arizona Board of Regents Policy Manual 6.201, sections (J)(1), (J)(2), and (L)(3) |
Grievances and Complaints by or against Faculty Members
This procedure applies to complaints that are not provided for in chapter 3 of the University Handbook for Appointed Personnel. That chapter covers appeals for such issues as performance evaluation, appointment, nonrenewal, promotion, continuing status, and tenure.
| Appeal Process | Applicable Policy |
|---|---|
|
Grievance or complaint is filed with the immediate administrative head of the individual about whom the grievance or complaint is made. Deadline:
The immediate administrator's decision may be appealed to the next administrative level. Deadline: 10 days from receipt of immediate administrator’s decision. Decision at next administrative level is not subject to further administrative review. If a grievance or complaint is not resolved through administrative review, members of the General Faculty may utilize the grievance policies and procedures in Article VII of the Bylaws of the General Faculty of the University of Arizona. Faculty who are not members of the General Faculty may file a petition with the Committee on Conciliation and, if conciliation is not possible, then subsequently with the Committee on Academic Freedom and Tenure (CAFT). |
Discrimination or Sexual Harassment
The University of Arizona Nondiscrimination and Anti-harassment policy prohibits discrimination on the basis of race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, gender identity, or genetic information.
| Appeal Process | Applicable Policy |
|---|---|
|
Complaints are investigated by the Office of Institutional Equity Deadline: 180 days from the most recent allegedly discriminatory act OIE’s finding of fact is not subject to appeal. However, the employee may appeal any disciplinary action imposed by following the relevant appeals process. |
Whistleblower Complaint
The Arizona Board of Regents “Protection of Employees from Reprisal for Whistleblowing” designates an appeal process when an employee believes an adverse personnel action was taken against him or her in retaliation for the employee making a good faith disclosure of alleged wrongful behavior.
| Appeal Process | Applicable Policy |
|---|---|
|
Appeal is submitted to and investigated by a University officer such as president, provost, vice-provost, vice-president, dean, or non-academic department director. University officer issues decision within 45 days which is then implemented by the immediate supervisor within 10 days. Deadline: Employee may request a hearing within 15 days of receipt of University officer’s decision. |
Administrators
A member of the faculty who is terminated or released from an administrative position is not entitled to a hearing before the Committee on Academic Freedom and Tenure or any other faculty committee. (University Handbook for Appointed Personnel 3.11.07)
Refer to applicable policies for additional information on eligibility, time lines, and procedures.
Annual Performance Review
| Appeal Process | Applicable Policy |
|---|---|
|
Requests for review of performance as an administrator are made in writing to the administrative head of the next level; i.e., the person to whom your supervisor reports. The same process is used for appealing a performance review related to any secondary non-faculty appointment. Deadline: 30 days after receipt of written performance review. If an administrator holds a faculty appointment of more than 25% and disagrees with the review of his/her performance as a faculty member, then the procedures for faculty appeal in UHAP 3.2.03 are followed, specifically: Appeal is made in writing to the head of the next administrative level, normally the dean. Appeal must state:
Deadline: 30 days from receipt of performance review. Post-tenure faculty who receive an Unsatisfactory rating are required to enter a Faculty Development Plan or Performance Improvement Plan, depending on the extent of deficiency. If there is a finding of unsatisfactory improvement following the Faculty Development Plan, the finding may be appealed to the next administrative level. |
Removal, Dismissal, or Suspension
| Appeal Process | Applicable Policy |
|---|---|
|
The president's decision to dismiss an administrator may be appealed in writing to the Arizona Board of Regents (ABOR). Deadline: 15 days ABOR's determination is final. |
University Handbook for Appointed Personnel 5.4.02 |
Grievances and Complaints by or against Appointed Personnel
This procedure applies to complaints that are not provided for in chapters 3, 4, and 5 of the University Handbook for Appointed Personnel. Those chapters cover appeals for such issues as performance evaluation, appointment, nonrenewal, promotion, continuing status, and tenure.
| Appeal Process | Applicable Policy |
|---|---|
|
Grievance or complaint is filed with the immediate administrative head of the individual about whom the grievance or complaint is made. Deadline:
The immediate administrator's decision may be appealed to the next administrative level. Deadline: 10 days from receipt of immediate administrator’s decision. If a grievance or complaint is not resolved through administrative review, members of the General Faculty may utilize the grievance policies and procedures in Article VII of the Bylaws of the General Faculty of the University of Arizona. Appointed personnel who are not members of the General Faculty may file a petition with the Committee on Conciliation and, if conciliation is not possible, then subsequently with the Committee on Academic Freedom and Tenure (CAFT). |
Discrimination or Sexual Harassment
The University of Arizona Nondiscrimination and Anti-harassment policy prohibits discrimination on the basis of race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, gender identity, or genetic information.
| Appeal Process | Applicable Policy |
|---|---|
|
Complaints are investigated by the Office of Institutional Equity Deadline: 180 days from the most recent allegedly discriminatory act OIE’s finding of fact is not subject to appeal. However the employee may appeal any disciplinary action imposed by following the relevant appeals process. |
Whistleblower Complaint
The Arizona Board of Regents “Protection of Employees from Reprisal for Whistleblowing” designates an appeal process when an employee believes an adverse personnel action was taken against him or her in retaliation for the employee making a good faith disclosure of alleged wrongful behavior.
| Appeal Process | Applicable Policy |
|---|---|
|
Appeal is submitted to and investigated by a university officer such as the president, provost, vice-provost, vice-president, dean, or non-academic department director. University officer issues decision within 45 days, which is then implemented by the immediate supervisor within 10 days. Employee may request a hearing within 15 days of receipt of University officer’s decision. |
Arizona Board of Regents Policy 6-914 |
Guidelines for University Employees Called to Testify in a Staff Dispute
The University of Arizona provides a process for classified staff employees to appeal or dispute many employment-related actions. This process, called the Staff Dispute Resolution Procedure, involves a series of steps that allow employee disputes to be reviewed at various departmental/college levels. At the fourth and final step, the employee and the department representative present their cases either to a neutral third-party review officer or to a panel of employees from the Staff Dispute Resolution Committee. During these proceedings, the parties may decide to call University employees to testify regarding issues related to the dispute. The University of Arizona expects all employees called to testify to appear and provide truthful testimony in these proceedings. In fact, this is a condition of employment, as stated in the Staff Dispute Resolution Procedure, Classified Staff Policy 406:
As a condition of employment, all University employees must appear and offer testimony at any University administrative hearing to which they are called as a witness by either party to the dispute or by the University, unless the Hearing Officer determines that the witness's testimony is not relevant to the issues to be addressed at the hearing or that it is unreasonably burdensome for the witness to appear at the date and time specified.
As such, employees are expected to
- Be available on the date(s) of the proceedings
- When called, appear promptly
- Provide truthful testimony
- Notify their supervisor in advance, whenever possible, that they may be called to testify
The policy also prohibits employees from being harassed, intimidated, or threatened with any adverse action for doing their duty to appear at dispute proceedings when requested:
No person shall use or threaten to use their official authority to influence in any manner or to discourage the use of this procedure, nor shall any reprisal or retaliation result from an employee's use of the Staff Dispute Resolution Procedure.
University employees named as witnesses in a staff dispute can expect
- to be contacted in advance by the party requesting their appearance, if possible.
- to be asked to provide a telephone number where they may be reached at any time during the scheduled date(s) of the proceedings.
- to be notified, generally by telephone, when they are called to provide testimony.
- to be released from work, with pay, to attend the proceedings.