Cognitive Behavioral Institute of Albuquerque

Postdoctoral Fellow

GRIEVANCE PROCEDURE

Purpose: 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.

Definitions:

a. A grievance shall mean a complaint by a Post Doctoral Fellow that action or inaction by the Institute 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 Institute under this Agreement, is work environment related, or related to the training program or a faculty member at the Institute.

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 procedures."

c. The term "grievance" shall not be construed so as to apply in the following instances:

i. Question about whether or not an Institute policy or practice is good, bad, wise, unwise, etc. Concerns about such matters must be pursued by other means.

ii. Matters beyond the authority or control of the Institute, or beyond the Institute’s ability to provide a remedy.

iii.Termination or suspension necessitated by exhaustion of funds.

iv. Issues related to scientific misconduct.

If there is a question about whether the matter falls under this procedure, the Research Director will determine whether the matter falls under this procedure.

Preliminary Procedure: No matter shall be submitted for the grievance procedure unless it has first been discussed personally by the Postdoctoral Fellow and his/her Clinical Supervisor. If the Clinical Supervisor is personally involved in the matter, then the Research Director or his/her authorized representative, shall be substituted for the Clinical Supervisor. 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 Post Doctoral 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.

Step 1 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 Research Director with a copy to the Fellow’s Clinical Supervisor. The grievance shall be heard by a committee consisting of (1) an uninvolved Post Doctoral Fellow or Staff Psychologist appointed by the Post Doctoral Organization, (2) the grievant’s Clinical Supervisor, or, if the Clinical Supervisor 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 Research Director who is mutually acceptable to the other members of the committee, but such person must be experienced in Post Doctoral training having mentored a postdoctoral fellow or fellows in the past. The Research Director 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 Director of the Institute shall make the necessary appointments as soon as possible. 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 Post Doctoral Fellow personally, or if he or she is not immediately available, a copy of the decision shall be placed in the Post Doctoral Fellow’s mail box at the Institute and another copy shall be sent by Certified Mail to the Post Doctoral Fellow’s address of record kept on file at the Institute.

Step 2 If the Post Doctoral Fellow, the respondent or respondents (the individual’s referred to in the grievance) or the Research Director is dissatisfied with the decision of the committee in Step 1, they can appeal the case to the Director of the Institute. The notice of appeal to the Director shall be submitted in writing within ten (10) calendar days following the decision in Step 1. The Director 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 Director may affirm, reverse or modify the decision. Step 3 If the Post Doctoral Fellow, respondent(s) or the Research Director is dissatisfied with the decision of the Director in Step 2, they can appeal the case to an ad hoc committee consisting of the Affiliated Training Faculty of the Institute. The notice of appeal to the ad hoc committee shall be submitted in writing within ten (10) calendar days following the decision in Step 2. The committee shall review the record of the case as presented to the committee in Step 1 and any additional information added during the Director’s review. They may call for further evidence or argument in their discretion. The ad hoc committe may affirm, reverse or modify the decision. The decision of the ad hoc committee is final.