University of New Mexico Health Sciences Center
The purpose of this procedure is to secure, at the lowest possible level,
equitable solutions to individual grievances that might arise regarding terms
and conditions of fellowship training.
a. A grievance shall
mean a complaint by a Postdoctoral Fellow that action or inaction by the
University has, in a substantial way, adversely affected his or her progress in
the educational program threatening his/her intended career development, has
wrongfully deprived him/her of the payments to be made by the University under
this Agreement, is work environment related, or related to the training program
or a faculty member at UNM.
b. A complaint of sexual
harassment, gender bias or other civil rights violation is a matter for the
Office of Equal Opportunity (OEO) and is not covered in the “grievance
The term “grievance” shall not be construed so as to apply in the following
Question about whether or not a University policy or practice is good,
bad, wise, unwise, etc.
Concerns about such matters must be pursued by other means.
Matters beyond the authority or control of the University, or beyond the
University’s ability to provide a remedy.
iii.Termination or suspension necessitated by exhaustion of funds.
iv. Issues related to scientific misconduct. The
If there is a question about whether the matter falls under this procedure, the
Associate Dean for Research will determine whether the matter falls under this
No matter shall be submitted for the grievance procedure unless it has
first been discussed personally by the Postdoctoral Fellow and his/her program
Mentor/Advisor. If the
Mentor/Advisor is personally involved in the matter, then the Associate Dean for
Research (from the relevant college or school in which the postdoctoral fellow
is hired) or his/her authorized representative, shall be substituted for the
Mentor/Advisor. Parties to the
grievance shall make a good faith effort to resolve the grievance in an informal
manner including dispute resolution if appropriate.
If the grievance is not resolved, the Postdoctoral Fellow may proceed to
Step 1 of the grievance procedure. To assure that this preliminary procedure has
been followed by the affected parties, a signed Memorandum of Understanding
(MOU) should be submitted attesting to the fact that they have met and made a
good faith effort to address their differences. A
copy of the above mentioned MOU should be attached to the Post Doctoral Fellow’s
petition to have their grievance addressed as described in this policy.
The grievance shall be submitted within ten (10) calendar days following the
closure of preliminary procedures if this process is not successful.
The grievance shall be in writing and must contain a statement of the grievance,
the facts upon which it is based and the remedy sought.
The grievance shall be filed with the Associate Dean for Research (from the
relevant college or school in which the postdoctoral fellow is hired) with a
copy to the Fellow’s Department Chair.
The grievance shall be heard by a committee consisting of (1) an uninvolved Postdoctoral Fellow appointed by the Postdoctoral Organization, (2) the grievant’s
Mentor/Advisor, or, if the Mentor/Advisor is personally involved in the subject
of the grievance, he/she shall appoint an alternate to serve in his/her place,
and (3) a person appointed by the Associate Dean for Research who is mutually
acceptable to the other members of the committee, but such person must be
experienced in Postdoctoral training having mentored a postdoctoral fellow or
fellows in the past. The Research
Associate Dean shall attend to the administrative matters and may participate in
the deliberations, but shall not have a vote.
If the committee has not been formed within ten (10) days of the filing
of the grievance, the Dean of the
The committee shall hear the case as promptly as is practicable with due notice
to all parties. The parties agree to
exert their best efforts to commence the hearing within thirty (30) calendar
days after the grievance is filed.
Evidence and argument may be submitted in writing or personally, or both.
The Fellow shall stand for questioning and may choose to make a
statement. The Fellow may also bring
an advisor (who may be a lawyer).
However, only the Fellow may present evidence or ask questions of witnesses. The
committee has the right to call additional witnesses and ask for further
documentation. The committee shall
keep a record of the case and may tape record any oral presentation.
The committee is authorized to decide the grievance and to provide for a remedy
to carry out its decision.
The grievance shall be decided by a majority vote of the voting members of the
committee. The decision shall be in
writing and shall be delivered immediately to the Postdoctoral Fellow
personally, or if he or she is not immediately available, a copy of the decision
shall be placed in the Postdoctoral Fellow’s mail box in their department and
another copy shall be sent by Certified Mail to the Postdoctoral Fellow’s
address of record kept in their department.
If the Postdoctoral Fellow, the respondent or respondents (the individual’s
referred to in the grievance) or the Associate Dean for Research is dissatisfied
with the decision of the committee in Step 1, they can appeal the case to the
Dean of the relevant college.
The notice of appeal to the Dean shall be submitted in writing within ten (10)
calendar days following the decision in Step 1.
The Dean shall review the record of the case as presented to the committee in
Step 1. He may call for further
evidence or argument in his discretion.
The dean may affirm, reverse or modify the decision.
If the Postdoctoral Fellow, respondent(s) or the Associate Dean for Research is
dissatisfied with the decision of the relevant Dean in Step 2, they can appeal
the case to the Vice President of the
The notice of appeal to the Vice President shall be submitted in writing within
ten (10) calendar days following the decision in Step 2.
The Vice President shall review the record of the case as presented to the
committee in Step 1 and any additional information added during the relevant
Dean’s review. He may call for
further evidence or argument in his discretion.
The Vice President may affirm, reverse or modify the decision.
The decision of the Vice President is final.