Purpose

The purpose of this policy and procedure statement is to:

  • Facilitate the orderly resolution of complaints regarding specified terms and conditions of employment.
  • Set forth the appropriate forum for the resolution of such complaints.

Applicability

This procedure applies to all project employees of the Research Foundation of The City University of New York. Neither students on stipends nor foreign nationals employed outside the U.S. by the Research Foundation are eligible to utilize this procedure. Where sponsoring agencies require different procedures for the processing of employee complaints, such procedures shall supersede those contained herein.

Policy

The Research Foundation firmly supports the right of an employee to present a complaint when he/she believes that there has been unreasonable discipline, discharge, discrimination, harassment or unfair treatment in the course of his/her employment.

Definition

A complaint is: (1) a claimed violation or misapplication of the rules, regulations or written policies of the Research Foundation related to specified terms and conditions of employment, including but not limited to, a claim related to salary, leave or fringe benefits; or (2) a claim of unfair or improper treatment including, but not limited to, discharge or discipline relating to misconduct or neglect of duty, job-related discrimination or harassment based on race, color, religion, gender, sexual orientation, national origin, age disability, marital status, amnesty, or status as a Vietnam-era or special disabled veteran.

Procedure

  • Prior to filing a formal complaint, a project employee and the project director should meet to discuss the problem and attempt to effect an acceptable solution. A representative of the college designated by the President may be in attendance at the meeting. A representative of the Research Foundation designated by the Foundation's President may be in attendance at the meeting.
  • If the problem cannot be resolved informally, the employee must present a complaint in writing in brief narrative form to his/her project director within 20 working days of the action upon which the complaint is based. The employee shall send a copy of the complaint to the Research Foundation's Director of Human Resources.
  • Once the Director of Human Resources is made aware of a complaint, the Research Foundation is committed to commence immediately a thorough investigation of the allegations of the complaint.1 The complaint will be kept confidential to the maximum extent possible. Upon completion of the investigation, the Director of Human Resources shall issue a written decision regarding the complaint and investigation. If the Research Foundation determines that an employee is guilty of discrimination or harassing behavior, appropriate disciplinary action will be taken against the offending employee. Copies of the decision shall be forwarded to the project director, the project employee, and the Chief Operating Officer of the Research Foundation.
  • Within 10 working days of the receipt of the decision, either the employee or the project director may request review of the decision by the Foundation's Chief Operating Officer. The request for the review must be in writing.
  • The Chief Operating Officer shall determine whether there is a basis for review and shall also determine the necessity of meeting with all concerned parties either jointly or separately to resolve the issue or issues. Thereafter, after consultation with the President of the College, when applicable, or his/her designee, the Chief Operating Officer shall issue a decision to the employee, with copies to the project director and the Director of Human Resources.

Retaliation

The Research Foundation prohibits any form of retaliation against any employee for filing a bona fide complaint under this policy or for assisting in the complaint investigation.

Implementation

These procedures are effective immediately.

1 In the event the complaint also involves an employee of the City University of New York, the Foundation's Director of Human Resources shall forward a copy of the complaint to the designated representative of the University and an investigation will be jointly conducted.