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Student Employee Grievance Procedure

From the Student Employment Website (http://stuemp.unm.edu/):

While the University endeavors to maintain pleasant working conditions which lead to cooperative, effective working relationships with all employees, the University also recognizes that misunderstandings and disagreements may arise regarding terms and conditions of employment. Normally, such disagreements are resolved through informal discussions between the student-employee and the immediate supervisor. However, for questions and complaints not resolved to the student-employee’s satisfaction through informal discussions with successive levels of supervision, the following formal termination grievance procedure is available upon request of the student. The Student Employment Office will provide the mechanics of the termination grievance procedure. A grievance results from a violation of University policy which adversely affects a student-employee (termination without correct termination procedure, etc.).

This policy applies to all students employed through the Student Employment Office under College Work Study or the Student Employment Program who have successfully completed their probationary period. Students employed as graduate, teaching, research, special and project assistants are subject to the employment policies procedures contained in the Faculty Handbook. Students whose employment is associated with an academic program must follow the student grievance procedure through the EVP of Academic Affairs.

Student employees may utilize the termination grievance procedure only to dispute an involuntary dismissal. It may not be used if a student employee resigns (as set forth under Voluntary Termination) nor does it apply to any other work dispute or grievance.

1. Step One
The employee shall submit written notice initiating the termination grievance procedure within ten working days of the termination. The notice should be directed to the concerned department chairperson or director with a copy submitted to the Student Employment Office.
2. Step Two
The concerned department chairperson or director shall hold an informal meeting with the employee and render a written decision. Step two shall occur within ten working days following the filing in writing of such a complaint with the department chairperson.
3. Step Three
The employee may file an appeal to a termination grievance board within ten working days of notification of the decision reached in step two. The termination grievance board shall hold a formal hearing as soon as practical after the filing of the appeal.

The Termination Grievance Board shall be composed of:
1. The president of ASUNM or his or her designee shall serve in the case of an appeal by an undergraduate student.
OR
The president of GPSA or his or her designee shall serve in the case of an appeal by a graduate student.
2. The Dean of Students or his or her designee.
3. The two appointed members will select the third member from the Division of Enrollment Management.

Procedures for the termination grievance hearing are as follows:
1. The hearing shall be private.
2. The student appealing his or her termination is responsible for presenting his or her case; advisors (including attorney advisors) are therefore not permitted to present arguments or evidence or otherwise participate directly in the hearing. The department may appoint a representative to present the department's case. The representative may have an advisor but, like the student, the advisor cannot participate directly in the hearing.
3. The Grievance Board members may question both parties in the hearing.
4. Both the student appealing his/her termination and the department representative have the right, within reasonable limits set by the presiding official, to question all witnesses who testify.
5. Both the student appealing his/her termination and the department representative have the right to submit any evidence they want the grievance board to consider at least five (5) business days before the hearing. Both parties also have the right to identify witnesses for the grievance board to invite. The grievance board may, at its discretion, request those or other witnesses to attend the hearing and provide testimony. The grievance board does not have the power to subpoena witnesses. Any evidence provided to the grievance board by either party will be made available for review by the other party at least three (3) business days before the hearing.
6. The Grievance Board may proceed independently to secure evidence for the hearing. The party charged shall have an opportunity to review any such evidence at least three (3) business days before the hearing.
7. The hearing will be tape-recorded and the Grievance Board will keep the tape(s). The tape is the property of the University. No typed record will be made.
8. The hearing proceeding is not subject to judicial rules of evidence.

The decision of the termination grievance board is final except that the President and the Board of Regents have the discretionary authority to review the decision. The President and the Board of Regents normally review such decisions only in extraordinary cases, such as where proper procedures have apparently not been followed, where the decision appears to be unsupported by the facts, or where the decision appears to violate University policy.