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Chancellor's Office Reconsideration Procedure


In accordance with Executive Order 923: Reconsideration Procedures for California State University Employees Not Represented by an Exclusive Representative issued pursuant to Sections 42728 and 43775 of Title 5 of the California Code of Regulations, the Chancellor's Office establishes this internal procedure to provide its employees with a process for the consideration and orderly management of requests for reconsideration.

This procedure applies to employees who request reconsideration of personnel actions exclusively concerning evaluation, assignment, promotion, reassignment, retention, and work hours. It is the policy of the Chancellor's Office to encourage discussion and seek resolution of such requests.

Note
This procedure may not be utilized to appeal a salary decision by the Chancellor, other personnel actions, or any personnel action where a separate appeal or hearing procedure exists.

Definitions
  • Employee: any employee of the California State University Chancellor's Office who is a member of the Public Employees' Retirement System or the State Teacher's Retirement System and who is not represented by an exclusive representative under the Higher Education Employer-Employee Relations Act (HEERA).


  • Appropriate Administrator: an employee serving in a position designated as management or supervisor.


  • Days: calendar days.


  • Immediate Supervisor: the first level HEERA designated supervisor or manager to whom the employee is accountable.
General Provisions
  • This procedure provides 2 review levels, except for persons reporting directly to the Chancellor. The decision of the Chancellor or his/her designee concerning requests for reconsideration shall be final.


  • If at any time during this procedure, it is determined that 1) the employee is not entitled to use this procedure, or 2) the matter complained of is outside the scope of this procedure, the employee shall be so informed in writing and the proceedings terminated.


  • The employee is required to strictly comply with the time limits of this procedure and the failure to meet those time limits shall be cause for denying the request for reconsideration. Failure by the immediate supervisor or other appropriate administrator to issue a timely response under this procedure shall permit the employee to submit a request for reconsideration at the next level. Time limits set in this procedure may be extended by mutual agreement. In computing any period of time from a specific event, the day in which an event occurs shall be excluded and the last day in which any action is required to be taken shall be included. When the last day for any action required by this procedure falls on a Saturday, Sunday or holiday, the time limit shall be extended to the next regular workday.


  • All requests for reconsideration and all proceedings pertinent to this procedure shall be confidential.


  • The Chancellor's Office will not take any reprisals toward an employee because of the employee's invoking this procedure. Complaints regarding an allegation of reprisal should be submitted to the Chancellor or his/her designee.


  • An employee may withdraw, in writing, a request for reconsideration at any time. The employee shall not file any subsequent request for reconsideration on the same matter.
Reviews
  • First Level
    An employee must notify the immediate supervisor of the complaint, request or allegation by asking, in writing, for an appointment within 14 days of the decision or personnel action giving rise to the request. The immediate supervisor shall meet with the employee to discuss the matter within 14 days of the receipt of the written request for the meeting. The supervisor shall document the results of this meeting within 14 days of the meeting with the employee, and provide a copy of such documentation to the employee (see Form A).


  • Second Level
    Should the matter remain unresolved at the first level, the employee may request in writing, reconsideration with the Chancellor or his/her designee. Such a request for reconsideration must be received by the Chancellor or his/her designee within 10 days of the employee's receipt of the first level recommendation. This written request shall specify relevant dates, times, places, persons and other facts necessary for a clear understanding of the matter in question and shall include the results of the first level meeting. The Chancellor or his/her designee and the employee shall meet to discuss the request. Within 20 days after the receipt of the request for the second level review, the Chancellor or his/her designee shall render a written decision to the employee. Failure to render a decision within such 20 days shall be deemed a denial of the request. The decision of the Chancellor or his/her designee shall be final.
Rev. 6/8/05

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Last Updated: March 5, 2007