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Reconsideration from Managers, Supervisors, and Other Qualified Employees Not Represented by an Exclusive Representative

Recommended By: Administration and Finance
Approved:
Ruben Armiñana, President
Date of Issue: April 4, 2002
Effective Date: April 4, 2002
Contact Office: Human Services

Policy #2002-2

  1. Authority
    This policy constitutes campus implementation of California State University (CSU) Executive Order 446 and 5 California Code of Regulations, §42728.
  2. Covered Actions and Eligible Employees
    The following procedure shall be utilized by an employee of Sonoma State University who is: (1) a member of the Public Employees’ Retirement System (PERS) or the State Teachers’ Retirement System (STRS) and; (2) who is not represented by an exclusive representative under the Higher Education Employer-Employee Relations Act (HEERA) and; (3) who requests reconsideration of personnel actions concerning promotion, retention, evaluation, assignment, reassignment and/or hours of work. The Request for Reconsideration must be filed within 30 days of the personnel action.
  3. Number of Levels of Review
    This procedure provides for two stages of review, except for individuals reporting directly to the President. Those reporting to the President are limited to a Stage II review.
  4. Procedures
    1. Stage I
      All meetings and responses shall be scheduled in a timely fashion. The first stage of review must be initiated within 30 calendar days of the decision giving rise to the written request for an appointment to reconsider the decision. The employee shall submit the written request for reconsideration to the immediate supervisor. A copy of the request shall on the same day be provided to Human Services. The request should include the reasons for the request.
      The employee and supervisor (who is the Stage I Reviewing Officer) shall meet and review the matters presented in the employee’s request for reconsideration within 14 calendar days of the Stage I Reviewing Officer’s receipt of the request. (The meeting may include the administrative head when the decision that led to the consideration request was made at that level.) The Stage I Reviewing Officer is limited to actions within his or her authority. The Stage I Reviewing Officer shall respond to the employee in writing, with a copy to Human Services, within 21 calendar days of the meeting.
    2. Stage II
      Should the matter remain unresolved or unanswered, the employee may, within 15 calendar days after receipt of the Stage I written response or, if the Stage I response is not timely completed, within 15 days of the date when the Stage I written response was due, request reconsideration at a second stage of review by the President or the President’s designee (Stage II Reviewing Officer). Such a request shall be made in writing and delivered to the President’s Office. The request must describe the nature of the reconsideration request and the results, if any, of the first-stage meeting. Within 14 calendar days of the receipt of the request, the Stage II Reviewing Officer and the employee shall meet to discuss the request. The Stage II Reviewing Officer shall provide a written decision to the employee, with copies to the supervisor and to Human Services, within 21 calendar days of the meeting. The decision of the Stage II Reviewing Officer shall be final and binding.
  5. Representation
    1. Non-Attorney Representative
      The employee involved in this procedure is entitled to bring a representative to all meetings. If the employee intends to be accompanied by a non-attorney, the employee must give a minimum of three working days notice to the Reviewing Officer (supervisor at Stage I; the President or President’s designee at Stage II) in order for arrangements to be made to have a representative or campus legal counsel present.
    2. Representation by Attorney
      If the employee intends to be represented by an attorney, the employee must provide notice of the name and telephone number of the attorney at the time the employee presents the initial request for reconsideration and also when the employee presents the appeal of the Stage I response. Where an attorney is involved, the meeting time will be arranged by University’s counsel, who may extend the time of the meeting based on the counsel’s scheduling requirements and needed preparation for the meeting.
  6. Time Extensions
    After the Stage II request for reconsideration is filed, the standard time limits set forth in these procedures may be extended by the Stage II Reviewing Officer, by the University’s counsel or by other notice to the employee from the campus articulating the reason for delay and a reasonable extension to a specified date. If the supervisor/administrative head is off-campus during this period, the deadlines may be extended.
  7. Ethical Principles For The Use Of Human Subjects In Research
    In the event the request for reconsideration involves the interpretation of systemwide policy or involves matters of systemwide concern, the reviewing officers may seek advice and consult with appropriate Chancellor’s Office staff.

Updated April 9, 2002 by SSU.policies@sonoma.edu