1. Fast and Impartial Resolution (FAIR) Complaint and Grievance Process
1.1 Overview: The Fast and Impartial Resolution (FAIR) procedures represent two distinct but related processes established for the purpose of resolving work-related problems and/or misunderstandings. A complaint is an expression of dissatisfaction or concern related to a workplace situation whereas a grievance is a written statement alleging a violation of University, University System or Board of Trustees policy. The first step of the complaint and grievance procedure provides for similar resolution options. The FAIR grievance procedure also includes a second step and the option to petition the Chancellor. The FAIR Complaint and Grievance policy is intended to assist with the prompt consideration and resolution of issues brought forth under this policy.
1.2 Common Attributes of FAIR
1.2.1 Eligibility: A complaint or grievance may be filed by any status faculty or staff member who is not part of a bargaining unit or a Principal Administrator.
1.2.2 Definition: A complaint is an expression of dissatisfaction or concern related to a workplace situation. It does not encompass appeals to administrative processes such as classification, salary increases, issues of merit, nor does it apply to discrimination, harassment or termination of employment, as other processes are available for such issues. A grievance is a written statement alleging a violation of University, University System or Board of Trustees policy. The grievance procedure shall not be used to review the substantive merits of an administrative judgment, evaluation, or other discretionary act of decision, except as may be necessary when a violation of a nondiscrimination policy is alleged.
1.2.3 Time Requirements: Employees shall complete a FAIR Notice Form and file it with Personnel Services by 4:30 p.m. of the 10th calendar day from the day on which the employee became aware of the action which caused the complaint or the alleged policy violation and within one year of its occurrence.
1.2.4 Employee Rights: The filing of a complaint or grievance shall not affect the employee's rights to seek any remedy which may be available in an external forum and does not postpone any deadlines for pursuing such remedies.
1.2.5 Third Party: The employee may be assisted by a third party that is a status employee of the University and not an attorney.
1.2.6 Witnesses: The employee may invite participation of witnesses who have direct knowledge or have participated in the issue. Participation of character witnesses is usually not appropriate in this process.
1.2.7 Coordination: Personnel Services will coordinate the FAIR process and act as a resource to all parties involved.
1.2.8 Records: The documentation resulting from the formal process, including each step of the grievance process, shall be kept in confidential Personnel Services files, separate from the employee's personnel file. Such files will be kept for at least three years after the termination or retirement of the employee.
1.2.9 Remedies: Any complaint remedy, which conforms to the intent of the policy and has been reviewed by Personnel Services, is possible. Grievance remedies are limited to those necessary to bring the grieved action into compliance with the violated policy.
1.3 Step I FAIR Process
1.3.1 Employees should first meet with their supervisor or the individual with whom they have a complaint or grievance and try to resolve the issue informally. If the issue remains unresolved, or if the employee believes it is inappropriate to address the complaint informally, he/she should contact Personnel Services.
1.3.2 Personnel Services will consider the nature of the issue and provide information and guidance on FAIR options. The University encourages the use of the facilitation option to resolve issues. The facilitation meeting brings together the people involved in the complaint in a neutral environment and seeks a mutually agreed upon resolution. Other options include, but are not limited to, discussion with supervisor, investigation of the facts and mediation.
1.3.3 Personnel Services will seek to implement the option selected by the employee within five calendar days of receiving the completed FAIR Notice Form within the established time frame stated in UNH V.D.1.2.3. Completion of the FAIR Notice Form helps to define the issue or issues of concern to the employee and facilitates communication between those involved with the complaint or grievance.
1.3.4 Personnel Services will act as a resource to all parties involved. This assistance may include providing conflict resolution services, information gathering, document collection, copying, release time for witnesses, or other assistance deemed appropriate.
1.3.5 All meetings, as part of this procedure, shall be non-adversarial, and all parties will extend serious consideration to the views of all involved in an attempt to reach a mutually acceptable resolution. Resolution will be in written form, non-precedent setting and as confidential as appropriate to the circumstances as determined by the University.
1.3.6 If the issue remains unresolved at the end of Step I, it may proceed to Step II if Personnel Services determines that the issue is grievable and the employee decides to continue the process. Personnel Services will notify the employee of the option to proceed to Step II and the time requirements to do so.
1.4 Step II FAIR Process
1.4.1 The Step II process is available to employees who are grieving termination, continuing their grievance from Step I, or grieving through the harassment policy. The employee may continue the grievance with written notification to Personnel Services which must be received by 4:30 p.m. of the fifth calendar day after the end of Step I. Time requirements for termination related grievances are as stated in UNH V.D.1.2.3.
1.4.2 The Step II grievance will be heard by a Peer Review Panel unless the employee requests the President or President's designee to hear the grievance. If the President agrees to the request, he/she will notify the employee.
1.4.3 Hearing: The Step II hearing will be scheduled within 10 calendar days from receipt of notice of intent to continue the grievance unless there are unavoidable delays approved by Personnel Services or agreed to by mutual consent of the grievant and the University.
1.4.4 President/Designee: The employee will present the grievance directly to the President or designee who will in turn determine the hearing procedures, time limits and overall format.
1.4.5 Peer Review Panel: The Peer Review Panel consists of three status University employees, one of whom may be the same occupational type as the grievant, and one may be the same occupational type as the respondent. Each party to the grievance may waive the occupational type option for him/herself. If the respondent is a Principal Administrator or Academic Administrator, the panel member need only have a supervisory responsibility.
1.4.5.1 The Peer Review Panel will be chosen from a list of employees appointed by the President and administered by Personnel Services. The panel determines the hearing procedures including, but not limited to, method of hearing witnesses, time limits and overall format.
1.4.5.2 The Peer Review Panel will determine whether or not a policy violation occurred.
1.4.5.3 Within five calendar days of hearing the grievance, the panel will make a recommendation to the President. The decision will be by majority vote.
1.5 Decision of the President. When the President has not personally heard the grievance, the President shall receive the recommendation of the Peer Review Panel or designee and make a decision on the employee grievance. The President may accept or reject the recommendation in whole or in part or request additional information. Normally within five calendar days of the President receiving the recommendation or hearing the grievance, the President will make a decision and notify the grievant and other parties involved of the decision.
1.6 Chancellor's Petition. After the employee has been notified of the President's decision, an employee who remains aggrieved shall be entitled to petition the Chancellor for further review of the grievance. The written petition must be received by the Chancellor's Office no later than 10 calendar days after the President issues the Step II decision. The employee's petition shall state clearly the grounds on which the Chancellor's review is sought. The Chancellor or his/her designee shall review the petition and determine whether further review is warranted. If the Chancellor or his/her designee determines further review is not warranted, the employee shall be so notified, and the President's decision shall be final. Otherwise, the Chancellor or his/her designee shall review the record of the grievance and make further inquiry as may be deemed necessary or appropriate. The Chancellor or his/her designee shall then decide the grievance and notify the employee and the President. Such a decision shall be final.
1.7 An employee who is grieving a termination may be placed on leave of absence without pay during the time involved in processing the grievance if necessary time exceeds notice period. Under such circumstances, USNH shall continue its benefits contributions for up to ninety (90) days for a member of the Operating Staff and for up to one hundred and twenty (120) days for a member of the PAT, Extension Educator or Academic Administrator unless otherwise stated by collective bargaining contract or Faculty Handbook. If the ninety (90) days or one hundred and twenty (120) days expire while a Chancellor level review is still under way, the USNH Benefit contributions for the grievant shall continue until the Chancellor's decision is made. This policy shall also apply to Faculty. Normal notice periods shall apply in cases of termination. See USY V.C.9.9.5.
3. Safety
3.5 Excessive heat guidelines. When it has been determined by the UNH Department of Environmental Health and Safety that the Wet Bulb Globe Temperature has exceeded the Permissible Heat Exposure Threshold Limit Value (TLV), the Director of EHS will inform the President or his/her designee, and the following guidelines will be in effect. All faculty, staff, students and guests attending University of New Hampshire sponsored camps and/or other outdoor activities as well as those sponsoring such programs are advised to use caution.
3.5.1 Outdoor activities. Activity should be modified to either be inside or in a shaded area, and schedules may also be modified. If this is not possible, staff and others should be required to take frequent breaks and remain well hydrated. The American Conference of Governmental Industrial Hygienists has made the following recommendations: For activity requiring heavy or moderate exertion individuals should be on a 25% work/75% rest regimen each hour and for work requiring light exertion individuals should be on a 50% work/50% rest regimen each hour.
3.5.2 Indoor activities. For staff and others active in areas without air conditioning, the temperature and humidity in individual offices will vary as will individual tolerances for heat. Supervisors may consider relocation to an air conditioned area if available such as Dimond Library; staff may work from home if practical or may be released for the remainder of the day.
3.5.3 General information. In both of the above instances supervisors are free and encouraged to send staff home with pay if their work environment has reached intolerable and unhealthy levels due to excessive heat. Staff will not be required to use leave time/earned time in this instance.
3.5.3.1 If excessive heat is declared, it will be communicated through e-mail and the phone tree which is used for winter weather emergencies.
4. Tobacco [Use of]
4.1 Preamble. The University of New Hampshire (UNH) joins with the American College Health Association (ACHA) in supporting the findings of the Surgeon General that tobacco use in any form, active and passive, is a significant health hazard. UNH further recognizes that environmental tobacco smoke has been classified as a Group A carcinogen by the United States Environmental Protection Agency. In light of these health risks, UNH hereby adopts a tobacco policy that addresses prevention, reduction and cessation actions as they pertain to tobacco/smoking issues.
UNH supports the health goals of the U.S. Public Health Service (USPHS) to reduce the proportion of adults who smoke to below 12% by the year 2010 and to positively influence our community by helping people to remain or become tobacco/smoke free. Efforts to promote a tobacco/smoke-free environment have led to substantial reductions in the number of people who smoke, the amount of tobacco products consumed, and the number of people exposed to environmental tobacco smoke. At the same time, the simple message of "smoke-free" can sometimes be misinterpreted to mean "smoker-free" or "anti-smoker." Our intent is to institute a policy that respects the rights of smokers and non-smokers. We acknowledge the Centers for Disease Control and Prevention (CDC) statistics that an estimated 32 million smokers (about 70% of all smokers) report that they want to quit smoking completely. We recognize that the implementation of a tobacco/smoking policy will have an immediate effect on our smokers and have included prevention, education and cessation initiatives to support the non-use of tobacco products.
4.2 Policy. In order to protect the health, safety and comfort of University students, faculty and other academic appointees, staff, and visitors, and consistent with state law (RSA 155:64-77), it is the policy of the University of New Hampshire to restrict smoking in facilities and on grounds owned and occupied or leased and occupied by the University. Where the needs of smokers and nonsmokers conflict, smoke-free air shall have priority. In addition, UNH supports education programs to provide smoking cessation and prevention initiatives to our students, faculty and other academic appointees and staff. This policy supercedes all other tobacco/smoking policies at UNH.
4.3 Procedures
4.3.1 Education
4.3.1.1 The UNH tobacco policy shall be included in the new employee and student orientation program, in the UNH "Student Rights, Rules, and Responsibilities" handbook, in admissions application materials and other campus documents where appropriate.
4.3.1.2 UNH encourages employees and students not to smoke by offering educational information and providing information about smoking cessation classes offered through university departments or offices, health care providers, nonprofit organizations or other groups.
4.3.1.3 UNH Health Services Office of Health Education & Promotion will provide prevention and cessation programs to students upon request and offer other prevention and education initiatives that support non-use and address the risks of tobacco smoke.
4.3.1.4 USNH Embrace Life Fully (ELF) and other UNH faculty/staff assistance programs will offer prevention and cessation programs to faculty and staff.
4.4 Nonsmoking areas
4.4.1 Inside all buildings owned and occupied or leased and occupied by UNH including Forest Park Apartments, the Kellogg Conference Center and public areas of the New England Center Hotel.
4.4.2 University vehicles
4.4.3 Outdoor Areas
4.4.3.1 Entrances and outside stairways to buildings and outdoor passageways to entrances and stairways. Smoking will not be allowed within twenty (20) feet of a building or an air intake unit.
4.4.3.2 Courtyards or other areas where air circulation may be impeded by architectural, landscaping or other barriers.
4.4.3.3 Outdoor entry or service lines, such as for ticket purchases, event admissions, bus stops, ATMs, etc.
4.4.3.4 Outdoor seating areas provided by food services.
4.4.3.5 Areas where there is fixed seating, such as Cowell Stadium.
4.4.3.6 Areas that are reserved for events that do not have fixed seating but for which the sponsor determines that the interests of nonsmokers need to be protected (e.g., outdoor concerts, university receptions and events, and groundbreaking ceremonies). Such areas are designated "no smoking" by posting signage at appropriate locations or providing proper advanced notification.
4.5 Sales and Marketing
4.5.1 Advertisement of all tobacco products or their use shall be prohibited in all University of New Hampshire publications and on all University owned, occupied or leased properties.
4.5.2 Any sale or free sampling of tobacco products on campus shall be prohibited.
4.6 Implementation
4.6.1 This policy relies on the consideration and cooperation of smokers and nonsmokers. All members of the UNH community, including visitors, are asked to observe this policy.
4.7 Responsibilities
4.7.1 The President, Vice Presidents, Deans, Directors and Department Heads shall:
4.7.1.1 Assure that this policy is communicated to everyone within their areas of responsibility.
4.7.1.2 Direct complaints and questions about the policy to the Environmental Health & Safety Office.
4.7.2 Any variation of this policy must be approved by the President upon the recommendation of the appropriate senior administrator reporting directly to the President.