Chapter 6: Appendix
APPENDIX W. Student Employment
Grievance Procedure
PART I. Rights and Responsibilities
Miami University offers a variety of employment opportunities to students, and
recognizes that student employment is both a valuable form of financial assistance
and a practical learning experience. The duties and responsibilities of students
employed in such positions vary greatly, and various criteria are of importance
in each case. It is recognized that various pressures on student employees and
employers can occasionally produce employment-related conflicts. Associated with
this procedure for handling student employment grievances are rights and responsibilities
of both the employee and the employer (where appropriate, the word employer refers
to a department or job supervisor); those include but are not specifically limited
to the following.
SECTION 06W.101 Rights of Student Employees
06W.101.A. Each student employee shall be guaranteed rights as afforded
by the Constitution (such as freedom of speech, voting on campus issues, elections,
in committees, etc.) and without retaliation by the employer.
06W.101.B. Each student employee shall have the right to use channels
provided for the settlement of employment grievances.
06W.101.C. Student employees shall have privacy of records in information
about their employment to the extent guaranteed by the Family Educational Rights
Privacy Act, Affirmative Action guidelines, etc.
SECTION 06W.102 Responsibilities
of Student Employees
06W.102.A. To work and meet the requirements of the job, to complete
necessary application forms, to be interviewed by prospective employers, and to
compete for employment opportunities.
06W.102.B. To fulfill all duties and responsibilities of their position
and, in so doing, to seek guidance and help as needed from the employer.
06W.102.C. To work the hours and time assigned to them (including weekend
work, which is a requirement of many jobs), to be consistently dependable, and
to be prompt and reliable in attendance.
06W.102.D. To meet the requirements of their employer relative to those
occasions when they must be absent from work (such as notifying the supervisor,
finding acceptable substitutes, etc.).
06W.102.E. To fulfill any work agreements into which they enter with
employers relative to length of employment. When students must terminate their
job prior to fulfillment of their work agreements, they must give their employer
at least two weeks advance written notice. Shorter notice is acceptable if mutually
agreed upon by both the student and employer, or for such things as reasonable
emergency and/or medical reasons.
06W.102.F. To treat their employers with respect, courtesy, and civility.
06W.102.G. To pursue the channels established and provided by Miami University
for resolving student employment grievances before seeking redress outside of
Miami University.
SECTION 06W.103 Rights of Employers
of Students
06W.103.A. Employers shall be entitled to expect compliance by student
employees with any procedures developed for student employment grievances.
06W.103.B. Employers have the right to enter into employment agreements
with students and to expect fulfillment of such agreements by the student employees.
SECTION 06W.104 Responsibilities
of Employers of Students
06W.104.A. To inform all student employees of employer policies, practices,
expectations, procedures (including employment/evaluation procedures), length
of employment, etc., related to their job.
06W.104.B. To inform the student employees of the specific duties and
responsibilities of their job to be performed, and to provide training as appropriate
for such performance.
06W.104.C. To inform hourly-wage student employees of the specific dates
and times they will be expected to work during the course of any employment agreement,
and to be as specific as possible about work dates, times, etc. for salaried student
employees.
06W.104.D. To determine the wage rate applicable to each job, from the
rates approved by the Miami University Board of Trustees, and to promulgate the
basis for such determination.
06W.104.E. To follow fair, consistent, and duly promulgated steps or
procedures for the actual hiring of students. Employers may also desire to keep
records of dates that students have applied for work, when appropriate applications
were filed by student job applicants, the basis for decisions to hire or not to
hire any particular applicant, and any other things about which potential grievances
may be filed.
06W.104.F. To evaluate the work of student employees on whatever basis
the employer feels is necessary, and to share any such evaluation with the student
employee in an individual, private, and confidential manner. Employers may find
it useful to keep written records of the evaluations, discussions about performance,
corrective/remedial action (including probation) taken, and other items pertinent
to the student's employment and about which potential grievance action may occur.
06W.104.G. To treat their student employees with respect, courtesy, and
civility.
06W.104.H. To keep the stated qualifications required for filling a position
commensurate with the requirements of the job itself.
06W.104.I. To know and follow all University policies regarding conflict
of interest as outlined on the Department of Human Resources website and any employment
handbooks.
SECTION 06W.105 Definitions
06W.105.A. Student
For purposes of this procedure, a student is defined as an individual who is
enrolled and/or who has been accepted for admission and intends to enroll at Miami
University in the next available academic year term (at the latest) or any high
school student hired by Miami University to fill employer needs only for those
times when qualified Miami University students cannot be found.
06W.105.B. Grievance
105.B.1. A grievance is a circumstance or condition leading to a perceived injury,
injustice, or wrong which gives grounds for complaint. An individual who feels
an employment grievance exists is responsible for stating the grounds upon which
the allegation is based, and the burden of proof rests upon the person registering
the grievance. This student employment grievance procedure shall not be used by
any student whose grievance concerns a matter to which any other more appropriate
and pertinent administrative appeal procedure of Miami University is applicable.
105.B.2. Also, in conjunction with this student employment grievance procedure,
a student may contact the Office of Equity and Equal Opportunity if he or she
believes the complaint is based on his or her race, color, religion, sex, national
origin, age, handicap, sexual orientation, or gender identity.
PART II. Steps in Grievance Procedure
The steps for handling student employment grievances shall be as follows.
SECTION 06W.201 Step 1
06W.201.A. The student shall first present the matter to the immediate
supervisor, within five class days of the perceived grievance. This may initially
be done orally or in writing. If done orally, the immediate supervisor must provide
a private setting for such discussion; if, however, the grievance is not resolved
orally, the student can then present it in writing to the immediate supervisor
within four class days of that preceding discussion.
06W.201.B. The immediate supervisor must acknowledge any grievance submitted
in written form, and that acknowledgment must be made in writing to the student
within four class days of receiving the student's written grievance.
06W.201.C. If a student is dismissed from a position, and if the employer
feels it necessary to fill that position immediately, that position may be filled
on a temporary basis. ":Temporary" will be defined as ten class days
or the period of time required to resolve any grievance procedure action initiated
by the dismissed student (either orally or in writing), whichever is longer. At
the end of that time, the position may be filled on a permanent/regular basis.
06W.201.D. It is hoped that all grievances will be resolved through the
coordinated effort of student employees and their immediate supervisor in making
an earnest and mutual attempt for cooperation and understanding.
SECTION 06W.202 Step 2
06W.202.A. If not satisfactorily resolved, the written grievance and
the immediate supervisor's response from Step 1 may be forwarded by the grievant
to the department or administrative office head of the employment area involved;
this shall be done within five class days after receipt of the supervisor's written
response in Step 1.
06W.202.B. That department or administrative office head shall select,
from within his or her own office staff, someone to review the grievance and information
passed on from Step 1. The person selected must rank higher than the immediate
supervisor, but must be lower in rank or actually be the department or administrative
office head.
06W.202.C. The administrative office or department head shall then make
written notification of the selection to both the student and student's immediate
supervisor (from Step 1) within five class days of receiving the grievance following
Step 1.
06W.202.D. Both the student employee and the immediate supervisor shall
be given the opportunity to discuss the grievance with the person selected, in
an individual and private setting.
06W.202.E. That person selected shall review and consider the submitted
materials, discussions, etc. and render a written decision, within six class days
of such selection, to the student, the student's immediate supervisor, and the
administrative office or department head.
SECTION 06W.203 Step 3
06W.203.A. If the grievance still exists the grievant shall submit it
to the vice president of the division involved within five class days of the result
rendered in Step 2.
06W.203.B. That vice president shall then appoint a hearing committee
consisting of three faculty/staff and three student members to review the grievance
and shall make every effort to insure that all the members selected will be impartial
and fair.
06W.203.C. The student members of the committee shall be selected from
a list of candidates to be requested by the appropriate vice president from the
Student Body President holding office at the time in which this step of the grievance
procedure is undertaken.
06W.203.D. The committee will select a chair from among its members.
A quorum shall consist of all six members, each having one vote.
06W.203.E. The hearing committee shall then review the previous materials
from Steps 1 and 2 and discuss the matter with the student and the student's immediate
supervisor, each of whom shall be given the opportunity to present a maximum of
five witnesses on their behalf. The hearing committee shall make a recommendation
or offer possible alternatives to the vice president for resolving the grievance.
06W.203.F. The vice president will then confer with the President and
render a final written decision.
06W.203.G. The time allowed for carrying out the process in Step 3
will be 20 class days following receipt of the grievance after Step 2 processes
are concluded.
SECTION 06W.204 Important Points
06W.204.A. All steps of this grievance procedure shall be handled without
the intervention of legal counsel or any other representative for either party
to the grievance. In keeping with other University grievance procedures, the student
and the person to whom the complaint is addressed shall have the right to counsel
of his or her choice from the University faculty or staff.
06W.204.B. All records pertaining to any grievance will be maintained
at the appropriate levels in Steps 1 and 2. The hearing committee records shall
be maintained as prescribed by applicable University policy, with access to those
records being through the appropriate vice president.
Back
to Top |
