§ 49-9-114 — Support staff - Grievance procedure

(a) (1) The board of regents, each state university board, and the University of Tennessee shall establish a grievance procedure for all support staff employees. (2) "Support staff" means employees who are neither faculty nor executive, administrative, or professional staff of any institution or board subject to this chapter and the University of Tennessee. (3) Support staff shall be given every opportunity to resolve bona fide grievances through the grievance procedure. Every reasonable effort shall be made to resolve grievances at the lowest possible step in the procedure. (4) Employees using or involved in the grievance procedure shall be entitled to pursue their grievances without fear, restraint, interference, discrimination or reprisal. (b) (1) A grievance must be filed at the appropriate step in the grievance procedure within fifteen (15) working days after the employee receives notice or becomes aware of the action that is the basis for the grievance. (2) "Grievance" means a complaint about one (1) or more of the following matters: (A) Demotion, suspension without pay or termination for cause; or (B) Work assignments or conditions of work that violate statute or policy. (3) Any complaint about demotion, suspension without pay or termination for cause shall receive a hearing covered under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. In issues involving unlawful discrimination and harassment, the employee may choose a hearing under that act or the panel hearing. (4) Standard grievance forms shall be developed and made available to support staff at each worksite. No grievance may be denied because a standard form has not been used. (5) The grievance procedure shall include no more than four (4) steps to finality. (6) The grievance procedure shall include the opportunity for a face-to-face meeting within fifteen (15) days after the grievance is filed, and within fifteen (15) days after each subsequent step in the procedure is initiated. (7) The grievant shall receive a written decision with specific reasons stated for the decision within fifteen (15) working days after a face-to-face meeting occurs. (8) The grievant and any material witnesses shall be allowed to testify fully at every step in the grievance procedure. (9) The grievance procedure shall include an unbiased commission or panel as the final step for processing grievances regarding work assignments or conditions of work not otherwise covered in subdivision (b)(3). The decision of the panel is subject to review by the president. (10) At every step in the grievance procedure other than a Uniform Administrative Procedures Act hearing, the grievant shall be entitled to be accompanied and represented by an employee representative from the institution. Other employee representatives may be allowed at the panel hearing at the discretion of the panel chair. (c) The board of regents, each state university board, and the board of trustees of the University of Tennessee shall provide an annual report to the education committee of the senate and the education administration committee of the house of representatives summarizing grievance activities of the previous year. (d) Each institution shall include information regarding the grievance procedure in employee orientations. (e) Each institution governed by the board of regents, a state university board, or the board of trustees for the University of Tennessee shall make the grievance procedure for the institution's support staff employees available on its website.

Legislative History

Amended by 2022 Tenn. Acts, ch. 891, s 2, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 64, s 109, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 123, eff. 5/10/2019. Amended by 2016 Tenn. Acts, ch. 869, s 16, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 869, s 15, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 182, s 76, eff. 4/17/2015. Acts 1993, ch. 301, § 1; 2011 , ch. 410, § 4 (ff).