State Universities - Carry Forward Policies

7.17 General Harassment for AFSCME - Council 6 Employees

[Note: The former AFSCME Council 6 is now known as AFSCME Council 5.]

Subdivision 1. Policy:
Intentional behavior(s) whether physical or verbal by one employee toward an AFSCME-Council 6 bargaining unit member which has the purpose of interfering with the bargaining unit member's work performance or creates an intimidating, hostile, or offensive environment constitutes a violation of state university policy. Complaints of behavior(s) covered by non-discrimination policies must be filed with the Affirmative Action Office pursuant to FSSP - 1.

Subdivision 2. Procedure for Resolving Complaints of General Harassment:
A. Complaints shall be filed according to the chain of supervisory/administrative responsibility at the first appropriate level except in cases where the supervisor/administrator is the alleged harasser. Unit supervisors, division supervisors, and deans will attempt to resolve allegations of general harassment within ten working days and take appropriate action. AFSCME-Council 6 bargaining unit members may have bargaining unit representation at his/her request. Supervisors, deans, vice presidents, and presidents may contact the University Personnel Office as a resource.

B. Should an employee be dissatisfied with the resolution or decision of the unit supervisor, division supervisor, or dean, he/she may appeal that determination within five working days to the unit/department vice president for a final determination. The responsible unit/department vice president is the unit/department vice president where the complaining party is employed. The vice president shall have ten working days in which to review the complaint, meet with parties as he/she deems appropriate, and issue a final decision.

(i) The division vice president shall resolve allegations of general harassment made by unit or division supervisors who are AFSCME-Council 6 bargaining unit members against other employees in the division.

(ii) The university president shall resolve allegations of general harassment made by AFSCME-Council 6 bargaining unit members against deans or university vice presidents.

(iii) Allegations of general harassment against a University President shall be filed with the Chancellor's Office. The Chancellor shall appoint a representative to investigate the complaint who will prepare a report of his/her investigation for consideration by the Chancellor and a decision on the merits. The Chancellor's Office shall have thirty(30) days from the date of filing in order to reach a decision.

(iv) AFSCME - Council 6 bargaining unit members in the Chancellor's Office shall follow the same complaint process except that the unit/division manager is a Vice Chancellor. Complaints against the Chancellor shall be filed with the President of the State University Board.

Subdivision 3. Timelines:
Timelines for resolving and/or reaching a decision may be extended by the investigating supervisor/administrator for reasonable periods of time to allow for the presence of parties on campus or as otherwise deemed appropriate. The complaint file should contain the specific reasons for delays in investigating or processing the complaint.

Subdivision 4. Final Decisions:
Decisions by the Vice President and/or President are to be deemed the final determination of the university. Complaints of general harassment are not subject to investigation and review under FSSP-1.

Subdivision 5. Sanctions:
Employees found in violation of system policy in Subdivision 1 will be subject to disciplinary sanctions, including separation from the System or University when appropriate.