RECORD OF CHANGES AND CORRECTIONS
TO THE MARSHALL UNIVERSITY CLASSIFIED STAFF HANDBOOK

Deleted effective 06/01/07:

NEPOTISM

The university is not opposed to the employment of family members except under circumstances where an employee would supervise a family member. University policy prohibits relatives from being responsible for each other's supervision, salary, promotion or demotion. Such activity is considered to be nepotism.

Family member is defined by one of the following:
Relationships by blood
Relationships by marriage.

These guidelines are established to ensure fair and equal treatment of employees and applicants while eliminating situations which create potential for favoritism or unnecessary hardship.

No employee or prospective employee shall be discriminated against because a family member is employed by the University. Any individual affected by an alleged nepotic situation may pursue the matter by presenting his/her circumstances to the Director of Human Resources for informal negotiation. Specific questions and concerns should be directed to the Department of Human Resources.

Changed effective 06/01/05:

In the Employment Chapter, Section on the Annual Experience Increment (AEI):

Existing Paragraph:
ANNUAL EXPERIENCE INCREMENT
Commencing with the fiscal year beginning on the first day of July, each classified employee with three or more years of full-time state experience shall receive an annual salary increase equal to $50.00 times the employee's years of experience. This annual salary increase shall not exceed the amount granted for the maximum of twenty years of experience and does not include any other salary increases which may be granted.  The annual experience increment will be paid to the employee in a lump sum.

Proposed Paragraph:
ANNUAL EXPERIENCE INCREMENT
Commencing with the fiscal year beginning on the first day of July, each classified employee with three or more years of full-time state experience shall receive an annual salary increase equal to $50.00 times the employee's years of experience. This annual salary increase does not include any other salary increases which may be granted.  The annual experience increment will be paid to the employee in a lump sum.

Changed effective 02/01/05:

In the Policies chapter, Inclement Weather section:

Old Language:
INCLEMENT WEATHER
The University will be completely closed only rarely and in extreme situations since it is essential that public safety be maintained, that buildings and equipment be protected and that services be provided for those students housed in campus facilities. Therefore, although classes may be canceled, all University staff and administrative employees will be expected to report to work, unless notified otherwise.
In the event of critical need, certain employees may be required to report to work or temporarily reside on campus to ensure human safety and preservation of University property and/or facilities.
In instances when it is necessary to alter the schedule in response to weather conditions, one of the following will be in effect:

University Closed - University closed days will not be considered as a University holiday and should be identified as "University closed" on the time card. Employees who are required to work on a day when the University is closed should indicate the actual hours worked on their time card. Compensatory time for the hours worked will be credited to the employee to be used according to University policy.

Classes Canceled - University offices will observe normal working hours. Employees who are unable to report to work should notify their supervisor prior to their normal reporting time and request emergency annual leave according to University policy.

Delay - University offices will observe normal working hours; however, if employees are unable to safely report to work, the delay will provide a grace period for any hardship encountered in transportation. Employees should indicate the actual hours worked on their time card. No compensatory time will be awarded for early arrivals.

The Department of Human Resources will assist managers in interpreting and implementing this policy.
It is the responsibility of each employee to report to work at the appropriate time. Employees should use one or more of the following to determine whether the University schedule has been changed:

-------------------------  

New Language:
INCLEMENT WEATHER
Generally it is Marshall University’s policy to maintain its normal schedule, even when conditions are inclement. However, that is not always possible.  In those instances when it is necessary to alter the schedule in response to weather conditions, the University will announce one of several types of closing, cancellation or delay:

     UNIVERSITY CLOSED: All classes suspended and offices closed.

     CLASSES CANCELLED: All classes suspended; offices open.

     DELAY CODE A Means a delay in the opening of classes BUT no delay in the opening of offices.  Delays will usually be in the range of one to two hours.  Employees are expected to report to work at their normal starting times unless they feel that travel is unsafe.  If an employee feels that he/she cannot travel safely to work, they may charge accrued annual leave for the portion of the workday from 8:00 a.m. (or their normal start time) until their arrival at work. 

     DELAY CODE B Means a delay in the opening of classes AND a delay in the opening of offices.  Delays will usually be in the range of one to two hours.  Employees do not have to report to their offices until the stated delay time.  If they believe they cannot travel to work safely by the stated delay time, they may charge accrued annual leave for the work hours from the stated delay time until they can next report to work.

Sources of information: The University will attempt to publish information about the status of the institution through the following means: (1) notification to television and radio stations in Huntington and Charleston (and notification to Huntington and Charleston newspapers if publication deadlines permit); and (2) posting messages to the Huntington AUDIX system (696-6245) and to the University response number (696-3170).  Television and radio stations may not publish the University’s announcement correctly.  Therefore, the authoritatively correct statement of the University’s situation is stipulated to be the message on the AUDIX system or the University response number.

Class operation under delays: Under both categories of delay, students should go to the class that would begin at the stated delay time or the class that would have convened within 30 minutes of the stated delay time.  A two-hour delay means that classes that begin at 10:00 a.m. begin on time.  Classes that begin at 9:30 a.m. meet at 10:00 a.m. and continue for the remaining period of that class. 

Exceptions with regard to certain employees: Certain critical and emergency employees may be required to report to work on time or earlier than normally scheduled (or remain on campus) despite the particular delay code published.

Safety: Individual employees may, in their best judgment, determine the risk of travel to be too great and elect to remain home. Those who do should contact their respective supervisors and indicate they are (1) taking annual leave that day, or (2) taking compensatory time, in the event compensatory time is owed to them.

Area interruptions: In the event a building, or section of a building is closed (because of heat loss, power outage, etc.), employees working in that affected area will be permitted to take their work to another area or building on campus. Or, in consultation with the supervisor, the employee may elect to take annual leave that day, or take compensatory time off.

Policy basis and decision-making: The basis for the University’s inclement weather policy is Executive Policy Bulletin 7, Policy Regarding Weather-Related and/or Emergency Closings and Delays.  Decisions about closing, cancellation and/or delay are made by the Senior Vice President for Academic Affairs and/or the Senior Vice President for Finance and Administration.  Human Resource Services assists employees as required with questions related to this policy.

NOTE: Marshall Community and Technical College participates in the procedure set forth above.  However, the above information applies only to the Huntington campus area.  The Marshall University Graduate College in South Charleston and the associated education centers have different policy and definitions as set forth below:

Marshall University Graduate College (South Charleston campus) and Other Education Centers: The Marshall University Graduate College (South Charleston campus) and the associated education centers outside Huntington follow a different inclement weather policy as set forth below.  Decisions about closings, delays, or cancellations are made for MUGC and the education center by the Vice President for Regional Operations and/or education center directors.

     Marshall University Graduate College – South Charleston Campus: Since MUGC classes do not generally meet until late afternoon, an effort will be made to decide about classes by noon.  Notification of delays or cancellations at the South Charleston Campus will be announced by (a) local media, (b) MUGC telephone system, and (c) University web site.  Any delay will be placed on the MUGC automated switchboard. Students may check the status of their classes by calling the MUGC telephone system (746-2500) or checking the Graduate College web site.

     Point Pleasant, Beckley, Teays Valley and Other Educational Centers: Procedures for delayed openings and class cancellations are similar to those for the MUGC.  At Point Pleasant, Beckley, and Teays Valley local media will provide information regarding cancellations.  In addition, each site has a weather hot line: (a) Point Pleasant, 674-7239; (b) Beckley, 252-0719; (c) Teays Valley, 757-7223.

     Remote Locations and Other Education Centers: Because the Marshall University Graduate College may have several classes meeting on an irregular schedule in a geographically dispersed area throughout the semester, decisions about whether to meet during inclement weather will be made by the instructor.  Those decisions will be transmitted to students by e-mail or other methods as agreed by students and the instructor.

Definitions for MUGC (South Charleston):

     MUGC Closed: All classes cancelled and offices closed.

     MUGC Classes Cancelled: All classes cancelled. Details provided by site.

     MUGC Delay: A delay in the beginning of non-class activities, e.g. a two-hour delay would mean the normal work day would begin at 10:00 a.m. rather than 8:00 a.m.

Changed effective January 1, 2005

In the General Information chapter, subsection on Employee of the Month and Year Programs

Old Language:
The Employee of the Month and Year Programs are supported by President Dan Angel to recognize outstanding performance by classified and non-classified staff at Marshall University.

New Language:
The Employee of the Month and Year Programs are supported by the President's Office to recognize outstanding performance by classified and non-classified staff at Marshall University.

Changed effective April 1, 2004

If these conditions are met, the employee may take up to five hours per week release time to attend the class.

Changed effective December 17, 2003

Changed effective November 24, 2003

In the Employment Section, subsection on Exempt Positions

Old Language
EXEMPT POSITIONS

• All qualified internal promotion and transfer candidates will be guaranteed an interview subject to the approval of Director of Equity Programs.
   

New Language
EXEMPT POSITIONS

• All qualified internal promotion and transfer candidates will be guaranteed an interview for Classified exempt positions subject to the approval of Director of Equity Programs.
   

Changed effective December 5, 2002

In the Training and Development Section

Old Language
PARTICIPATION

• 4.   Marriott Corporation

• 9.   West Virginia Graduate College

New Language
PARTICIPATION

• 4.  Sodexho, Inc. and Affiliates

• 9.  MU Graduate College
  

Old Language
WORKSHOP CATALOG

• At the beginning of the fall semester each year, a catalog is distributed to all MU employees which describes the upcoming training workshops.  

New Language
WORKSHOP CATALOG

• Each month a schedule of T & D workshops can be accessed at the HRS web site.  A paper copy is distributed each mailbox in the University Mail Room.

Old Language
REGISTRATION

• The workshop Catalog contains a registration form, which lists the titles of the upcoming programs offered in the booklet.  Employees are encouraged to register early.  (Additional registration forms are available in the department of Human Resources.)
  

• If the number of participants is limited and the program is filled when the registration is received by the Department of Human Resources, the employee's name will be placed a waiting list.  The employee will be notified if a vacancy should occur.
  

New Language
REGISTRATION

• On-line registration is available at www.marshall.edu/human-resources/td/hrtrainingregistration.asp and each paper copy has a registration form for completion and submission to HRS.

Old Language
CANCELLATION

1. An employee is responsible for notifying the Department of Human Resources at least 48 hours prior to the workshop if there is a need to cancel.  This will provide an opportunity for employees on the waiting list to attend the session.

New Language
CANCELLATION

1. It is requested that you notify HRS @ 696-2593 if you are unable to attend a session for which you are registered.  This will enable someone else to fill the space, especially important when registration is limited.
   

Old Language
TRAINING MATERIAL

Training material is available to any faculty or staff members wishing to pursue additional professional or personal development on his/her own time.  The training materials include videotapes, audio tapes, and publications covering a variety of topics.  These resources are not only for self-development but may also benefit an entire department by enhancing the skills of its staff.

Materials may be checked out from the Department of Human Resources for a period of seven days.  (Employees are responsible for the care of the items and are liable for the safe return of the training aids in a timely manner).

New Language

(Paragraph Removed)

Old Language
PERFORMANCE ASSESSMENTS

In the Policy Section

• NEW employees ... on the anniversary date.
  

• TRANSFERRED or PROMOTED ... on the anniversary of their initial date of hire, transfer, or promotion.
  

• REGULAR FULL-TIME AND PART-TIME ... of theri initial date of hire, transfer, or promotion.

New Language
PERFORMANCE ASSESSMENTS

In the Policy Section

• NEW employees ... on the anniversary date of their original hire date.
  

• TRANSFERRED or PROMOTED ... on the anniversary of their original hire date.
  

• REGULAR FULL-TIME AND PART-TIME ... of their original hire date.

Changed effective August 8, 2002

In the Benefits Section on Sick Leave

Old Language
USAGE

• Sick leave must be reported in half-hour increments.

New Language
USAGE

• Sick leave must be replaced in quarter-hour increments.

Changed effective June 27, 2002

In the General Information chapter

OLD LANGUAGE:
CREDIT UNION

All employees of Marshall University and their immediate family members are eligible for membership in the City of Huntington Federal Credit Union. The Credit Union main office is located at 215 18th Street. A branch office of the credit union is located next to the bookstore in the student center. A full range of services are provided to Marshall University employees. Direct deposit is available. Arrangements for this service must be made directly with the Credit Union.

NEW LANGUAGE:
CREDIT UNION

All employees of Marshall University and their immediate family members are eligible for membership in the City of Huntington Federal Credit Union. The Credit Union main office is located at 215 18th Street.  A full range of services are provided to Marshall University employees. Direct deposit is available. Arrangements for this service must be made directly with the Credit Union.

In the Employment Chapter:

OLD LANGUAGE:
ANNUAL EXPERIENCE INCREMENT

Commencing with the fiscal year beginning on the first day of July, each classified employee with three or more years of full-time state experience shall receive an annual salary increase equal to $36.00 times the employee's years of experience. This annual salary increase shall not exceed the amount granted for the maximum of twenty years of experience and does not include any other salary increases which may be granted.

The annual experience increment will be paid to the employee in a lump sum.

NEW LANGUAGE:
ANNUAL EXPERIENCE INCREMENT

Commencing with the fiscal year beginning on the first day of July, each classified employee with three or more years of full-time state experience shall receive an annual salary increase equal to $50.00 times the employee's years of experience. This annual salary increase shall not exceed the amount granted for the maximum of twenty years of experience and does not include any other salary increases which may be granted.

The annual experience increment will be paid to the employee in a lump sum.

In the Classification chapter:

OLD LANGUAGE:
Classification is concerned with the relative value of jobs within an organization. The concern is with the not the individual occupying the position. The strengths or weaknesses of the incumbent are not considered.

NEW LANGUAGE:
Classification is concerned with the relative value of jobs within an organization. The concern is with the job, not the individual occupying the position. The strengths or weaknesses of the incumbent are not considered.

Changed effective July 1, 2002

CLASSIFICATION AND POLICY SECTION

All references to Series 62 is has been changed to Series 8.

POLICIES AND PROCEDURES SECTION

POLICY 3.160

OLD LANGUAGE
Human Resources Services is responsible for the conduct of classification reviews of Classified Staff positions at Marshall University as provided in Board of Trustees Policy 62.

NEW LANGUAGE
Human Resources Services is responsible for the conduct of classification reviews of Classified Staff positions at Marshall University as provided in West Virginia Higher Education Policy Commission Series 8.

POLICY 3.250

OLD LANGUAGE
Human Resources Services is responsible for the conduct of classification reviews for Classified Staff positions under the the job classification system governed by Board of Trustees Policy 62.

NEW LANGUAGE
Human Resources Services is responsible for the conduct of classification reviews for Classified Staff positions under the the job classification system governed by West Virginia Higher Education Policy Commission Series 8.

Changed effective March 1, 2002

GENERAL INFORMATION, EMPLOYEE OF THE MONTH AND YEAR PROGRAMS

OLD LANGUAGE:
...have been established by President J. Wade Gilley...

NEW LANGUAGE:
...are supported by President Dan Angel....

Changed effective January 20, 1998.

EMPLOYEE RELATIONS SECTION, Offenses Requiring Immediate Suspension or Dismissal

OLD LANGUAGE:
13. Immoral or indecent conduct on University property; and
14. Sexual harassment, assault or rape.

NEW LANGUAGE:
13. Immoral or indecent conduct on University premises;
14. Sexual harassment, assault or rape; and/or
15. Fighting or threatening to fight on University premises or on University time.

All changes down to next horizontal line effective October 23, 2001.
Please note that the change of statute to WVSC 29-6A was effective July 1, 2001.

OLD LANGUAGE:

GRIEVANCES

PURPOSE
The legislative purpose and intent of the WV CODE 18-29-1 grievance process is to provide a procedure for employees of higher education to reach solutions to problems which arise within the scope of employment relationships so that good morale may be maintained and effective job performance may be enhanced.

EEO
Discrimination Grievances on the basis of race, creed, color, national origin, sexual orientation, sex, handicap, or age may also be directed to the Department of Equity Programs.

DEFINITION
WV Code 18-29-1 defines a grievance as a claim alleging 1. A violation, a misapplication, or a misinterpretation of the statutes, policies, rules, regulations, or written agreements under which such employees work; 2. An infraction, misapplication, or misinterpretation regarding compensation, hours, terms and conditions of employment, employment status or discrimination; 3. A discriminatory or otherwise aggrieved application of unwritten policies or practices of the board; 4. Any specifically identified incident(s) of harassment or favoritism; 5. Any action, policy, or practice constituting a substantial detriment to or interference with effective classroom instruction, job performance or the health and safety of students or employees.

INFORMAL RESOLUTION
The grievance procedure is intended to provide a simple, expeditious process for resolving problems at the lowest possible administrative level. Informal disposition of grievances by stipulation or settlement agreed in writing by the parties is encouraged. Filing of a grievance will not impact his/her standing as an employee. All complaints will be investigated. Time standards are established to encourage resolution on a timely basis.

GRIEVANCE FORMS
The WV Code 18-29-1 grievance form and procedure are available in the Department of Human Resources.

ELIGIBILITY
Any employee of the University is eligible to file a grievance. An "employee" is defined as an individual who is hired into a temporary, probationary, or regular position at the University, either full or part-time. A grievance may be filed by one or more employees on behalf of a class of similarly situated employees, provided that any similarly situated employee shall indicate in writing his or her intent to join the class of similarly situated employees. Only one employee filing a grievance on behalf of similarly situated employees shall be required to participate in the level one hearing.

STATEMENT OF GRIEVANCE
A formal grievance contains a brief but complete description of the issue involved; the relief sought; the date the incident or violation took place; and the specific University policy or procedure involved, if any. Once a statement of grievance is filed, its substance cannot be changed as it moves through the appeal process. Grievances processed on work time shall not result in any reduction in salary, wages, rate of pay or other benefits of the grievant and shall be counted as time worked.

REPRESENTATION IN A GRIEVANCE
A grievant may have the assistance of one or more fellow employees, an employee organization representative or representatives, legal counsel or any other person in the preparation and presentation of the grievance. At the request of the grievant, such person or persons may be present at any step of the procedure, as well as at any investigative meeting or other meeting which is held with the employee for the purpose of discussing the possibility of disciplinary action. When a fellow employee is assisting a grievant, the employee shall do so without loss of pay and shall have protection from reprisal.

INTERVENTION
Upon a timely request, any employee shall be allowed to intervene and become a party to a grievance at any level.

PRIVACY OF GRIEVANCE HEARINGS
All conferences and hearings shall be conducted in private except that upon the grievant's request, conferences and hearings at levels two and three shall be public.

DETERMINING DEADLINES
When calculating the number of days to determine deadlines, Saturdays, Sundays, and official holidays are not counted. Also, the day a grievance or appeal is filed, or the day a hearing ends or a decision is rendered, is not counted as a "day" for computing the days left until the next action must take place.

DEFAULT
Failure to comply with the specified time limits at each level of the grievance process may mean that a grievance is dismissed or a default judgment is rendered against the University. Supervisors and employees will be required to meet all specified time limits unless a waiver is obtained.

WAIVERS
If a hearing/decision cannot be rendered on time, a waiver for the time frame must be obtained in writing and agreed upon by all parties.

CONSOLIDATION OF GRIEVANCES
Grievances may be consolidated at any level by agreement of all parties.

WITHDRAWAL OF GRIEVANCE
An employee may withdraw a grievance at any time by agreement of all parties.

REPRISALS
A reprisal is the retaliation of the supervisor toward the grievant or any other participant in the grievance procedure. Any person held to be responsible for reprisal shall be subject to disciplinary action for insubordination.

REMOVAL OF GRIEVANCE RECORD
After one year following resolution of a grievance, a grievant may request in writing to have record of the grievance removed from the personnel file.

PROCEDURE
A grievance must be filed within the times specified below:

LEVEL ONE
Before a formal grievance is filed, the grievant shall request a CONFERENCE with the supervisor within 15 days of the grievable act occurring OR the date when he/she became aware of the grievable act.  The conference between the immediate supervisor and the grievant must take place within 10 days of the request for the conference.  The immediate supervisor must provide a written decision within 10 days of the grievance being filed.

LEVEL TWO
The grievant may appeal the supervisor's Level I response to Level II. An appeal of the Level I decision by the grievant must be made in writing to the president within 5 days of the grievant receiving the immediate supervisor's decision.  A Level II hearing must be held within 5 days of the president receiving the appeal.  A Campus Evaluator (an employee of the University who is trained to hear the grievance) will hear the grievance and submit his/her recommendation to the president.  A Level II decision by the president is issued in writing within 5 days of the end of the Level II hearing.

LEVEL THREE
The grievant may appeal the president's Level II decision to Level III or directly to Level IV.  An appeal of the Level II decision by the grievant, to Level III or IV, must be made in writing within 5 days of the grievant receiving the Level II decision. An appeal to Level III MUST be made in writing directly to: The Chancellor University System of WV Board of Trustees Suite 700 1018 Kanawha Boulevard, East Charleston, WV 25301.  A Level III hearing must be held, or notice of waiver by the governing board must happen, within 5 days of receipt of appeal. * If a Level III hearing is held, a decision by the governing board must be rendered in writing within 5 days of end of the hearing.

LEVEL FOUR
The grievant may appeal the governing board's Level III decision to Level IV.  An appeal to Level IV must be made in writing within 5 days of the Level II or Level III decision. The appeal to Level IV MUST be sent directly to: Education & State Employees Grievance Board 808 Greenbrier Street Charleston, WV 25311.  A hearing must be held within 10 days following the request. The hearing may be held within 30 days following the request or within such time as is mutually agreed upon by the parties if the hearing examiner gives reasonable cause, in writing, as to the necessity for such delay.  Within 30 days following the hearing, the hearing examiner shall render a decision in writing to all parties setting forth the findings and conclusions on the issues submitted. All the testimony and evidence at any hearing shall be recorded by mechanical means. The University is responsible for recording and transcribing all recorded testimony and evidence at such hearing.

NEW LANGUAGE:

GRIEVANCES
Grievances at Marshall University are governed by West Virginia State Code 29-6a. A complete copy of this portion of the State Code may be viewed on the Human Resource Services web site at http://www.marshall.edu/human-resources/poly/. A paper copy of the grievance statute may be obtained from Human Resource Services, 207 Old Main, Huntington campus. The material that follows is not policy itself but reflects policy as set forth in the West Virginia State Code. While every effort has been made to characterize the State Code accurately, persons contemplating or filing grievances are encouraged to view and read West Virginia State Code section 29-6a on the web or obtain a paper copy from Human Resource Services.

PURPOSE
The purpose of the statute is to provide a procedure for the equitable and consistent resolution of employment grievances raised by employees. A complaint alleging discrimination on the basis of race, creed, color, national origin, sexual orientation, sex, handicap, or age may optionally be directed to the Director of Equity Programs.

DEFINITION
A grievance is defined as any claim by one or more affected employees alleging a violation, a misapplication or a misinterpretation of the statutes, policies, rules, regulations or written agreements under which such employees work, including any violation, misapplication or misinterpretation regarding compensation, hours, terms and conditions of employment, employment status or discrimination; any discriminatory or otherwise aggrieved application of unwritten policies or practices of their employer; any specifically identified incident of harassment or favoritism; or any action, policy or practice constituting a substantial detriment to or interference with effective job performance or the health and safety of the employees. Excepted from the grievance process are issues related to pension matters, public employees insurance, retirement, or any other matter in which authority to act is not vested with the employer.

INFORMAL RESOLUTION
A grievance may be resolved by any informal means accepted in writing by all parties. Alternative Dispute Resolution (ADR) services are offered by Human Resource Services for grievances being appealed to Level Three (as set forth below). ADR is optional. If the parties agree to participate in ADR, they are asked to sign a waiver of the timeline for a mutually-agreed upon length of time not less than 30 working days. Information on ADR can be obtained from Human Resource Services or may be viewed over the web at http://www.marshall.edu/human-resources/poly/p2100.htm. The notes of the facilitator in the ADR process are confidential. Such facilitator may not testify in hearings at Level Three or Level Four about information specifically part of the ADR process, although individuals serving as ADR facilitators are not prevented from providing other testimony in subsequent hearings.

GRIEVANCE FORMS
A copy of the standard form for filing a statutory grievance, a copy of West Virginia State Code section 29-6a, and a chart showing the timelines for each step of the grievance process are available on request from Human Resource Services, 207 Old Main, 304.696.6455, human-resources@marshall.edu.

ELIGIBILITY
A statutory grievance may be filed by any employee on either full-time or part-time regular-status appointment. Grievances may be filed by individual employees or by groups of employees similarly situated.

STATEMENT OF GRIEVANCE
The standard grievance form should contain a brief but complete description of the issue involved, the date the alleged incident or violation occurred, references to specific policies alleged to have been misapplied, and the specific relief sought in the grievance. Once a written grievance is filed, its substance cannot be changed as it moves through the appeals process.

GRIEVANCE PREPARATION TIME
The grievant or an employee acting as representative, or both, shall be granted necessary time off during working hours for the grievance procedure without loss of pay and without charge to annual leave or compensatory time accruals. In addition to actual time spent in grievance conferences and hearings, the grievant or the employee representative, or both, shall be granted time off during working hours, not to exceed four hours per grievance, for the preparation of the grievance without loss of pay and without charge to annual leave or compensatory time accruals. However, the first responsibility of any state employee is the work assigned by the appointing authority to the employee. An employee may not allow grievance preparation and representation activities to seriously affect the overall productivity of the employee.

REPRESENTATION IN A GRIEVANCE
A grievant may have the assistance of a fellow employee, employee organization, legal counselor, or other person or persons designated as the grievant's representative. At the request of the grievant, that person or persons may be present at any step of the procedure, provided, however, that at Level One a grievant may have only one representative.

PRIVACY OF GRIEVANCE CONFERENCES AND HEARINGS
All conferences and hearings shall be conducted in private except that upon the grievant's request, conferences and hearings at levels two and three shall be open to employees of the grievant's immediate office or work area or, at the request of the grievant shall be public. Within the discretion of the hearing examiner, conferences and hearings may be public at Level Four.

DETERMINING DEADLINES
When calculating the number of days to determine deadlines, Saturdays, Sundays, and University holidays are not counted. Also, the day a grievance or appeal is filed, or the day a hearing ends or a decision is rendered, is not counted as a "day" for computing the days left until the next action must take place.

DEFAULT
The grievant prevails by default if a grievance evaluator required to respond to a grievance at any level fails to make a required response in the time limits required in the statute, unless prevented from doing so directly as a result of sickness, injury, excusable neglect, unavoidable cause, or fraud. Any assertion by the employer that the filing of a grievance at Level One was untimely must be asserted by the employer on behalf of the employer at or before the Level Two conference. All grievance participants are encouraged to act within the specified time limits.

WAIVERS
The statue provides specific circumstances in which the deadline for conference or hearing can be waived. The deadline for conference at Level One or Level Two or hearing at Level Three, however, may be waived by mutual consent of the parties in writing. Any such waivers must be specifically approved in writing by the grievant or his/her representative, the respondent, and Human Resource Services, and must contain a specific date to which the particular conference or hearing is waived. Such dates shall be considered to be the dates on or before which the next required conference or hearing must be provided.

CONSOLIDATION OF GRIEVANCES
Grievances may be consolidated at any level by agreement of all the parties.

WITHDRAWAL OF GRIEVANCE
An employee may withdraw a grievance at any time by writing to the level where the grievance is then current. Assistance with identifying the correct addressee for any such communication may be obtained from Human Resource Services.

REPRISALS
Reprisal means the retaliation of the employer or agent toward a grievant, witness, representative or any other participant in the grievance procedure either for an alleged injury itself or any lawful attempt to redress it. No reprisals of any kind may be taken by any employer or agent of the employer against any interested party, or any other participant in the grievance procedure by reason of participation. A reprisal constitutes a grievance, and any person held responsible for reprisal action is subject to disciplinary action for insubordination.

REMOVAL OF GRIEVANCE RECORD
Human Resource Services is responsible for the creation, maintenance, and storage of a file for each statutory grievance filed. Such files are maintained physically separate from the personnel files of employees. Not less than one year following resolution of a grievance at any level, the grievant may be written request have removed any record of the grievant's identity from any file kept by the employer.

RESPONDENT
The respondent in a grievance is the employee or agent of the University from whom relief is sought. Typically it will be the supervisor of the employee filing a grievance, but it may be another individual in the University. References to "supervisor" in the procedural steps below are interpreted to mean the supervisor or other person from who relief is sought.

PROCEDURE
A grievance must be filed within the times specified below:

LEVEL ONE
Before a formal grievance is filed, the grievant shall request a CONFERENCE with the supervisor within 10 days of the grievable act occurring OR the date when he/she became aware of the grievable act. At the grievant's or supervisor's request an informal conference shall be held within 3 days of the filing of the written grievance. This does not extend the 6 day response time below. The conference is not a required step. The supervisor must provide a written decision within 6 days of receipt of the grievance. Supervisors providing written decisions at Level One that do not grant the relief sought by the grievant must identify the specific person to whom the grievant may appeal at Level Two and the deadline within which they must file such appeal.

LEVEL TWO
The grievant may appeal the supervisor's Level One response to Level Two. Level Two in the statute is defined as the "area administrator." At Marshall University, area administrator is interpreted to be the next level supervisor above the supervisor who renders the decision at Level One. The Level Two supervisor must be clearly identified in the written decision of the supervisor from Level One. An appeal of the Level One decision by the grievant must be made in writing to the designated area administrator within 5 days of the grievant receiving the supervisor's decision at Level One. A Level Two conference must be held between the grievant and the area administrator within 5 days of the area administrator receiving the appeal. This is an informal conference - not a hearing. The area administrator must issue a written decision to the grievant at Level Two within 5 days of the conference. (Decisions of area administrators at Level Two must state the grievant if not satisfied with the response at Level Two must file an appeal to Level Three by writing to the President within 5 days of receiving the decision at Level Two.)

LEVEL THREE
The grievant may appeal the decision from Level Two to Level Three by filing such appeal in writing to the President within 5 days of receiving the decision from Level Two. The President designates a hearing examiner to hear the appeal at Level Three and provide a written recommendation to the President in the matter. The hearing at Level Three must be provided within 7 days of the receipt of the appeal to Level Three. The decision of the President at Level Three must be issued within 5 days of the end of the hearing.

LEVEL FOUR
The grievant may appeal the decision at Level Three to Level Four. An appeal to Level Four must be made in writing within 5 days of receipt of the decision at Level Three. Such appeal must be in writing and must be sent directly by the grievant to: Education and State Employees Grievance Board 808 Greenbrier Street Charleston, WV 25311 The schedule for hearing the grievance at Level Four is communicated by the Education and State Employees Grievance Board.

RECORDINGS, TRANSCRIPTS, AND EXHIBITS
All testimony provided in the Level Three hearing is tape recorded. Tapes of Level Three hearings are provided to the hearing examiner immediately at the end of the hearing. The hearing examiner submits the tapes to the President's Office when the recommendation at Level Three is tendered to the President. The tapes are forwarded to Human Resource Services for safekeeping. The University is responsible for the production of transcripts of Level Three hearings when a Level Three decision is appealed to Level Four. Although Level One and Level Two are conferences and not hearings, parties may introduce documents pertinent to the grievance. The area administrator is responsible for sending to Human Resource Services any documents thus introduced. Exhibits may be submitted in the Level Three hearing including the introduction of documents submitted in earlier conferences. Such exhibits are held by the hearing examiner at Level Three and provided to the President's Office when the recommendation at Level Three is tendered. The President's Office forwards those to Human Resource Services for safekeeping. Copies of transcripts and exhibits are forwarded as directed by the Education and State Employees Grievance Board or by legal counsel.

All changes down to next horizontal line effective March 1, 2000.

BENEFITS SECTION

OLD LANGUAGE:
ENROLLMENT
Employees are eligible to enroll during the month of hire plus the following month. Coverage begins the first day of the month after enrollment. Employees pay a portion of the premium cost of dependants. 

NEW LANGUAGE:
ENROLLMENT                                                                                                                                 Employees pay a premium based upon salary and type of coverage.

OLD LANGUAGE:
LEAVE OF ABSENCE
Prior to starting a leave of absence, employees should consult with the Benefits Counselor to determine benefit continuation.

NEW LANGUAGE:
LEAVE OF ABSENCE
Prior to starting a leave of absence, employees must consult with the Benefits Counselor to arrange for benefit continuation.

OLD LANGUAGE:
AVAILABLE HEALTHCARE PLAN OPTIONS
Traditional Indemnity Plan
PEIA PPB PLAN
1. Fee-for-service plan covering 80% of the allowable charge; employee responsible for 20% of the allowable charges
2. Employees may choose their physicians.
3. Employees will be responsible for deductions

NEW LANGUAGE:
1. Preferred Provider Benefit
2. Employees may choose their physicians within participating network of physicians.
3. Employees will be responsible for deductibles and copayments.
4. Detailed description of PEIA PPB PLAN is outlined in the current PEIA summary plan description.

OLD LANGUAGE:
Managed Care Plan
Costs of providing health care services are managed by assigning a primary care physician who coordinates the members' care; controlling access to specialty physicians; monitoring and lowering administrative costs; and negotiating with providers to obtain the best cost of services while maintaining quality of care.

NEW LANGUAGE:
Managed Care Plan
Costs of providing health care services are managed by assigning a primary care physician who coordinates the members' care; controlling access to specialty physicians; monitoring and lowering administrative costs; and negotiating with providers to obtain the best cost of services while maintaining quality of care. Refer to current shopper's guidelines unique to each plan. Eligibility and enrollment guidelines are detailed in the current PEIA summary plan description.

OLD LANGUAGE:
MANAGED CARE DEFINITIONS
Closed Network - A plan in which enrollees who receive non-emergency care outside of the plan network of providers without approval must incur the entire cost.

NEW LANGUAGE:
(Paragraph Deleted)

OLD LANGUAGE:
Open Network -- A plan in which enrollees who are permitted to seek non-emergency care outside the POS (see below) plan's network of providers any time they so choose. Such out-of-network utilization is subject to higher enrollee cost-sharing than in-network utilization.

NEW LANGUAGE:
(Paragraph Deleted)

OLD LANGUAGE:
HMO - Health Maintenance Organization - a system with an array of participating providers serving a defined geographic area and delivering a broad scope of specified comprehensive health care services to its members for a fixed premium, 24 hours a day, 7 days a week. A managed care plan may offer either an open or closed network of providers.

NEW LANGUAGE:
(Paragraph Deleted)

OLD LANGUAGE:
POS - Point of Service- a plan in which enrollees are permitted to seek non-emergency care outside the plan's network any time they so choose (open network). Such out-of-network utilization is subject to higher enrollee cost-sharing than in-networking utilization.

NEW LANGUAGE:
(Paragraph Deleted)

OLD LANGUAGE:
Employee Cost-Sharing - Equivalent to a "co-payment," i.e., the amount of the allowed charge for which the employee is responsible.

NEW LANGUAGE:
(Paragraph Deleted)

OLD LANGUAGE:
Service Area - Each managed care plan will have a service area, e.g., a specific geographic area consisting of a list of valid policyholder/dependent zip-codes. A managed care plan may cover multiple service areas.

NEW LANGUAGE:
(Paragraph Deleted)

OLD LANGUAGE:
Capitation -- A method of organizing a health plan whereby services and procedures within the plan are delivered on a per person per month cost, rather than a charge for each service and procedure provided to individual members.

NEW LANGUAGE:
(Paragraph Deleted)

OLD LANGUAGE:
PCP - Primary Care Physician - a physician assigned to each member of the policy who is responsible for the primary care of and referrals for the member. 

NEW LANGUAGE:
(Paragraph Deleted)

OLD LANGUAGE:
PURPOSE
To make available dental, optical, disability, and flexible spending account plans.

NEW LANGUAGE:
PURPOSE
To make available dental, optical, disability, group legal plan, and flexible spending account plans. (Medical and dependent care.)

OLD LANGUAGE:
ENROLLMENT
Open enrollment for Mountaineer Flexible Benefits is held only during October and November of each year.

NEW LANGUAGE:
ENROLLMENT
Open enrollment for Mountaineer Flexible Benefits is held only during April of each year, with changes becoming effective July 1.
Cancellation for plan participation can only occur during April (with changes becoming effective July 1) each year, unless a qualifying event occurs at another time of the year.

OLD LANGUAGE:
OPTIONAL COVERAGE
An employee may elect to purchase
* $5,000 policy on his/her spouse
* $2,000 policy for each eligible dependent child

NEW LANGUAGE:
OPTIONAL COVERAGE
An employee may elect to purchase
PLAN I
* $5,000 policy on his/her spouse
* $2,000 policy for each eligible dependent child
PLAN II
* $10,000 policy on his/her spouse
* $4,000 policy for each eligible dependent child

OLD LANGUAGE:
Investment Options
Employees may allocate monthly contributions to any of the six investment options available with TIAA/CREF.

NEW LANGUAGE:
Investment Options
Employees may allocate monthly contributions to a variety of investment options available with TIAA/CREF.

OLD LANGUAGE:
Disability Benefits
After ten years of service, a disability benefit package is available, at any age, providing the employee is totally disabled for six months and the disability is determined to be permanent.

NEW LANGUAGE:
Disability Benefits
After ten years of service and less than age 60, a disability benefit package is available  providing the employee is totally disabled for six months and the disability is determined to be permanent.

OLD LANGUAGE:
ELIGIBILITY
All full-time regular employees who work at least .85 FTE (32 hours per week).

NEW LANGUAGE:
ELIGIBILITY
All full-time regular status employees who work at least .53 FTE (20 hours per week). There is pre-existing exclusion in this plan. This means that TIAA will not pay any benefit if a disability is caused by an injury sustained in an accident that occurs or an illness that starts before the employee is insured. This exclusion will not apply if for the full year prior to the start of a total disability the employee was actively at work and covered either under the group policy and/or under their prior employer's group disability policy, which provided benefits for five or more years.

OLD LANGUAGE:
EFFECTIVE DATE
Coverage begins on the first day of the month following the completion of one year of employment, provided that the employee is actively at work at the time.

NEW LANGUAGE:
EFFECTIVE DATE
Coverage begins on the first day of the month following the date of employment.

OLD LANGUAGE:
EMPLOYEE'S RESPONSIBILITY
Employees injured on the job should report the injury to the immediate supervisor as soon as the accident occurs. Claims should be reported within six months of the injury. 
The supervisor and the employee should immediately inform the Benefits Counselor of the incident. 

NEW LANGUAGE:
EMPLOYEE'S RESPONSIBILITY

• Employees injured on the job should report the injury to the immediate supervisor as soon as the accident occurs. Claims should be reported within six months of the injury. 
• The supervisor and the employee should immediately complete an accident report form within 24 hours of accident and send to Human Resource Services.

Changed effective January 1, 2000.

EMPLOYMENT SECTION, EMPLOYMENT DEFINITIONS, Underutilization

OLD LANGUAGE:
Underutilization - An analysis conducted by the affirmative action officer to determine whether minorities and women are employed in a job group at a rate that is consistent with availability of qualified minorities and women in the job market.

NEW LANGUAGE:
Underutilization - An analysis conducted by the affirmative action officer to determine whether minorities or women are employed in a job group at a rate that is consistent with availability of qualified minorities or women in the job market.

Changed effective January 1, 2000.

EMPLOYMENT SECTION, EMPLOYMENT DEFINITIONS, Underutilization

OLD LANGUAGE:
Underutilization - An analysis conducted by the affirmative action officer to determine whether minorities and women are employed in a job group at a rate that is consistent with availability of qualified minorities and women in the job market.

NEW LANGUAGE:
Underutilization - An analysis conducted by the affirmative action officer to determine whether minorities or women are employed in a job group at a rate that is consistent with availability of qualified minorities or women in the job market.

Changed effective December 1, 1999.

EMPLOYMENT SECTION, Transfers and Promotions

OLD LANGUAGE:
POLICY
It is the policy of Marshall University to promote from within whenever possible. To implement this policy, internal candidates who meet the minimum qualifications are guaranteed an interview.

NEW LANGUAGE:
POLICY
It is the policy of Marshall University to promote from within whenever possible. To implement this policy, Classified Staff employees who make timely bids for recruiting vacancies and who meet the minimum qualifications are guaranteed an interview for either Fair Labor Standards Act (FLSA) non-exempt or exempt Classified Staff positions.

Changed effective January 1, 1999.

EMPLOYMENT SECTION, Probationary Periods

OLD LANGUAGE:
POLICY
NEW employees are required to complete an initial probationary period of six months.
CURRENT employees, when being promoted or transferred, are required to have an additional probationary period of at least three months, but not more than six months. Length of the probation must be approved by Human Resources.

NEW LANGUAGE:
POLICY
New employees are required to complete an initial probationary period of six months.

Changed effective January 1, 1999.

EMPLOYMENT SECTION, Termination Under Probation

OLD LANGUAGE:
A NEW employee may be terminated at any time during the probation period for cause. The employee will be notified in writing regarding the reason for termination and a copy of the notice MUST be on file in the Department of Human Resources.

NEW LANGUAGE:
A new employee may be terminated at any time during the probation period for cause. The employee will be notified in writing regarding the reason for termination and a copy of the notice MUST be on file in the Department of Human Resources.

Changed effective January 1, 1999.

TRAINING AND DEVELOPMENT SECTION, Performance Appraisals

OLD LANGUAGE:
POLICY
NEW employees will be evaluated after two, four, and six months. Following the probationary period, they shall be evaluated on their anniversary date.
TRANSFERRED OR PROMOTED employees shall receive an evaluation at the conclusion of their three-month probationary period.
REGULAR FULL-TIME AND PART-TIME employees shall receive annual evaluations of their job performance on the anniversary of their initial date of hire, transfer, or promotion.

NEW LANGUAGE:
NEW employees shall be evaluated at two, four, and six months of service. Following the probationary period, they shall be evaluated on their anniversary date.
TRANSFERRED OR PROMOTED employees shall be evaluated at two, four, and six months after the effective date of their transfer or promotion. After six months of service in the new position, employees shall be evaluated annually on the anniversary of their initial date of hire, transfer, or promotion.
REGULAR FULL-TIME AND PART-TIME employees shall receive annual evaluations of their job performance on the anniversary of their initial date of hire, transfer, or promotion.

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