Council of Academic Professionals Optional Assistance

The Council of Academic Professionals (CAP) is an elected assembly serving the interests of full-time and part-time academic professionals at Illinois. An employee may consult with CAP for informal support and guidance at any stage of the grievance process. A CAP representative can serve in the capacity of resource personnel, as defined in the process below if requested by the employee.

Consultations with CAP are voluntary and are not a required step for the grievant. Timelines in these procedures shall not specifically be extended for CAP consultations. Contact information for the CAP grievance officers and other relevant information can be found on the CAP website.

Step 1 - Complaint Step

Employees and supervisors are expected and encouraged to make every effort to resolve problems as they arise through informal discussion. If informal discussions do not resolve the issues, the employee may initiate a complaint as the first step in the grievance process.

Initiating the Complaint Step

The employee has a complaint when some situation or event related to employment is viewed as unsatisfactory by the employee. The employee must bring the complaint to the designated supervisor’s attention within twenty-one (21) calendar days of an incident or knowledge of the occurrence giving rise to the complaint and must inform the supervisor that the complaint step of the grievance process is being initiated. While not required, it is recommended that employee inform the supervisor using a verifiable method, e.g., via email. An employee may initiate a complaint personally or with the assistance of a representative of the employee’s choice who may, but need not, be another employee of the university.

Complaints and Grievances Alleging Discrimination, Discriminatory Harassment or Sexual Harassment

Complaints and grievances alleging discrimination, discriminatory harassment, or sexual harassment in violation of university policy do not follow the grievance procedures outlined in this policy. University procedures for complaints and grievances alleging discrimination or harassment are the exclusive procedures for handling such grievances. These procedures can be obtained from the University’s Office for Access & Equity.

If an employee is disciplined for a violation of university nondiscrimination or sexual harassment policy, the procedures outlined in this policy may be followed to grieve such discipline.

If a grievance contains an allegation of discrimination, discriminatory harassment, or sexual harassment in addition to another violation of policy, the grievance shall be filed both through the procedures for discrimination and through the grievance procedures contained in this policy. The university procedures for discrimination allegations shall be completed before the grievance procedures contained in this policy proceed. Timelines for the grievance process are paused pending completion of the OAE process.

Discussion of Complaint

The employee and supervisor (and/or other appropriate official) will meet to discuss the complaint in an effort to resolve it. The employee’s designated supervisor is responsible for identifying other unit officials who should be included in discussions with the employee to resolve the complaint. If the issues are not clear, the supervisor may require additional discussion or information; however, the complaint step shall be completed within fourteen (14) calendar days from the time the complaint is made. This time limit may be extended if the employee and the supervisor mutually agree in writing to an extension.

Additional Assistance

If the designated supervisor and/or the employee, after full discussion, feel the need for assistance in arriving at a resolution, they may, by agreement, invite such other additional university or employee representatives as may be necessary and available to participate in further discussions within the time limits described above. Such additional participants shall act as resource personnel but shall not relieve the designated supervisor and the employee from the responsibility for resolving the complaint.

Recourse if Complaint not Resolved

The above procedure, if followed in good faith by both parties, should lead to a fair and prompt resolution of most problems between a unit official and the employee. If, at the end of the fourteen (14) calendar day complaint period, issues remain that can be considered grounds for a written grievance (defined as an alleged violation of a specific university policy or procedure), the employee may submit a written grievance to the unit head. If a written grievance is filed, the supervisor shall prepare a written summary of the issues discussed during the complaint step and provide it to the unit head and the employee.

Time Requirements for Filing a Written* Grievance

If within the fourteen (14) calendar day complaint period the supervisor and employee determine that the complaint will not be resolved, any written grievance must be filed within seven (7) calendar days from the date of that determination. If the complaint period expires and the supervisor and employee have not resolved the complaint, any written grievance must be filed within seven (7) calendar days from the end of the fourteen (14) calendar day complaint period.

A grievance may be filed under the steps indicated below by an employee or a group of employees. A representative of the employee(s) may assist with the preparation of the grievance. The time limit for filing the initial grievance may be extended in writing for good cause by the Chancellor or a designee named by the Chancellor.

*All grievances referenced in Steps 2 - 3 below must be in written form.

Omission of Complaint Step Following Disciplinary Action

An employee initiating the grievance process regarding disciplinary action may file a written grievance without initiating the complaint step. The grievance must be filed within twenty-one (21) calendar days from the date the employee receives written notice of the discipline imposed. In case of disciplinary suspension, the written grievance must be filed within twenty-one (21) calendar days from the date the employee receives a Notice of Disciplinary Suspension, or within seven (7) calendar days following the scheduled date of return from a disciplinary suspension, whichever provides the longer filing period.

Step 2 - Grievance Procedure/Unit Head Step

A written grievance (defined as an alleged violation of a specific university policy or procedure) must be signed by the employee(s) and filed with the head of the employee’s unit within the time requirement stated in this policy. If the grievant’s designated supervisor is also the unit head, the grievance shall be filed with the individual to whom the unit head reports. The grievance need not follow any particular format but shall include a statement of the issues, the specific policy or procedure violated, sufficient information to clarify the issue(s) of the grievance, and the resolution sought by the employee(s). The grievance also should include information about discussions with the supervisor and the unresolved issues. No issue may be raised in the written grievance that has not been discussed in the complaint step of the process, except as identified in this policy when the grievance is filed following disciplinary action, and the complaint step is omitted.

Unit Head Responsibility

Upon receipt of a written grievance, the unit head or a designee shall investigate the grievance and its causes. A minimum requirement is that the unit head or designee must discuss the grievance with both the employee and supervisor. While these discussions may take place separately, a meeting may be held with both parties together when necessary to clarify the issue(s) when the unit head or designee determines that it would be beneficial to do so.

Time Limit for Response

The unit head or designee shall provide a written response within fourteen (14) calendar days following the date of the receipt of the grievance. This time limit may be extended if both the unit head or designee and the employee agree to an extension in writing.

Appeal of the Unit Head’s Decision to the Chancellor Level

If the unit head’s decision is unacceptable to the grievant, the grievant may appeal in writing within ten (10) calendar days from the date such decision is received. If the unit head or a designee fails to respond within the stipulated timeframe, the grievant may appeal within ten (10) calendar days from the date the decision is due. Appeals should be directed to the office designated by the Chancellor. If a timely appeal is not filed, the unit head’s decision shall be considered final.

Grievance Forms

The university human resources office will provide a grievance form to the employee upon request. An employee who prefers to write a letter or use some other format to file a grievance may do so.

Participation of Resource Personnel

A representative may accompany the grievant at any discussion regarding the grievance. The unit head or designee may invite a member of the human resources staff, or other representatives for the university, to participate as resource personnel to assist in resolving the grievance.

Step 3 - Grievance Procedure/Appeal to Chancellor Step

Upon receipt of an appeal, the Chancellor or a designee shall review the complete written record of the grievance, request additional information, or conduct further investigation if necessary, and offer a fair hearing to the grievant.

Chancellor’s Designee

The Chancellor’s designee shall not serve in a position to receive direct benefit from the decision or be prejudiced by previous involvement in the investigation of the grievance issues at either the complaint step or unit head level of the grievance procedure. Typically, the Chancellor’s designee will be the office of Labor and Employee Relations within Illinois Human Resources.

Time Limit for Response

Should the grievant accept the offer of a hearing, the Chancellor or the Chancellor's designee will schedule and conduct the hearing within twenty-one (21) calendar days from the date the office designated by the Chancellor receives the appeal. A written response shall be issued to the grievant within fourteen (14) calendar days after the hearing. If a hearing is not held, a written response shall be issued to the grievant within thirty (30) calendar days from the date the appeal is received. Time limits may be extended by written agreement between the Chancellor or a designee and the grievant.

Final and Binding Decision

The decision of the Chancellor or the Chancellor’s designee shall be final and binding upon the university and the employee.

Regulation

Conduct of the Hearing

Any hearing conducted by the Chancellor or a designee will follow informal procedures. Under informal procedures the parties involved are provided the opportunity to meet and respond to the grievance or to explain the grievance. Those present should include the grievant and the supervisor(s) or designated unit official(s) in the line of supervision over the grievant with the most thorough knowledge of the circumstances surrounding the grievance. The grievant may be accompanied by a representative.

Employee and Employee Representative Participation

An employee may initiate the complaint step or file a grievance personally or with the assistance of a representative of the employee’s choice who may, but need not, be another employee of the university.

Regulations

Participation in a Grievance During Scheduled Work Hours

Time off with pay shall be authorized for employees who participate in grievance meetings and hearings during scheduled work hours. In addition to the grievant, time off with pay shall normally be authorized for one grievant representative if employed by the university, and employees called to be witnesses at grievance meetings or hearings. In all cases, time off with pay must be approved in advance by the designated supervisor or other appropriate unit official, and shall normally be authorized. Employees called as witnesses must receive approval either from their supervisors, other unit officials, or the Senior Associate Chancellor for Human Resources.

Pay for Time Spent Investigating and Seeking Resolution to Grievances

Time spent preparing written grievances or preparing for grievance presentations shall ordinarily be outside the employees’ regular work hours. However, employees and their representatives who are employed by the university may be granted a reasonable amount of time off with pay during their regular work hours while directly involved in the investigation and/or resolution of a grievance. In all cases, employees and their representatives must receive permission from their immediate supervisors to leave assigned work areas to investigate or seek resolution to a grievance. When evaluating requests for approval, supervisors shall use discretion in determining what constitutes a reasonable amount of time for the employee to be absent from the work site and when the absence would be convenient.

Participation of Representatives who are Not University Employees

Certain privileges and limitations apply to individuals involved in a grievance who are not university employees.

Upon prior request and approval by an appropriate labor or employee relations staff member individuals not employed by the university who will represent an employee(s) in a grievance may be permitted access to premises to investigate and prepare the grievance. The time and length of such visits will be determined by the university subject to operational requirements. During such visits, the employee representatives may view the area(s) relevant to the grievance. A representative from the university may accompany the employee representatives.

Upon prior request and approval by an appropriate labor or employee relations staff member and provided prior permission is requested and obtained from the supervisor or authorized unit official, representatives who are not employed by the university may use university facilities during visits to interview employees, one at a time, about facts relevant to the grievance. The university will provide the place at which interviews are held and determine what constitutes a reasonable period of time for conducting such interviews. A representative from the university may accompany the employee representatives.

Special Procedures

Any time limit established in these rules may be extended by the Senior Associate Chancellor for Human Resources for good cause. The Senior Associate Chancellor for Human Resources is authorized to issue special procedures for situations originating outside the normal grievance appeal channels.

If an issue other than discrimination raised in a grievance proceeding is also raised in another judicial or administrative forum, the university may defer the grievance proceeding until a final decision has been awarded on the issue, or when an agency vested by law directs that the university continue the grievance procedure. The Senior Associate Chancellor for Human Resources is authorized to defer a grievance proceeding upon consultation with Legal Counsel.

January 1, 2025