Grievance and Mediation

SHRA employees must submit an SHRA Grievance Form within 15 calendar days of an eligible action or event. The Office of Human Resources will then assess eligibility and will communicate eligibility with the employee. If eligible, the Office of Human Resources will answer questions and assist the employee in coordinating the next steps in the process.

This section provides a high-level summary of the state and system-level SHRA grievance policies. Full policies apply as written and may be accessed at the links below.

Who May File an SHRA Grievance 

Grievance eligibility depends on employment status under the North Carolina Human Resources Act. A Career State employee is a State employee in a permanent position who has been continuously employed in a position subject to the North Carolina Human Resources Act for at least 12 consecutive months.

University System Employee Grievance Policy

This policy outlines the formal process for resolving workplace concerns for SHRA employees across the UNC System. It defines eligibility criteria, filing timelines, mediation steps, hearing procedures, and appeal rights. Employees must follow the process outlined in this policy when filing formal grievances.

*2025 Policy Revision Summary

Effective December 1, 2025, revisions:

• Added National Guard preference to eligible grievance categories.
• Clarified pathways for concerns that are not eligible for formal grievance but may be addressed through informal or alternative resolution processes.
• Updated terminology to align with federal law and UNC System standards.

The following actions and events are considered grievable under the University System SHRA Employee Grievance Policy: 

• Disciplinary action without just cause including: 
  • Dismissal 
  • Demotion 
  • Suspension without pay 
• Involuntary non-disciplinary separation due to unavailability. 
• Unlawful discrimination and/or harassment including: 
  • Age 
  • Disability 
  • Color 
  • Genetic information 
  • National origin 
  • Political affiliation 
  • Race 
  • Religion 
  • Sex (including sexual orientation, gender identity, gender expression, and pregnancy) 
• Retaliation based on: 
  • Protesting (objecting to or supporting another person’s objection to) unlawful discrimination or harassment. 
  • Reporting unlawful government activity (“whistle blowing”). 
• Denial of reemployment of hiring due to denial of reduction-in-force priority. 
• Denial of promotional opportunity due to failure to give priority consideration for promotion to a Career State employee. 
• Denial of hiring or promotional opportunity due to failure to post position (unless hiring opportunity is not required to be posted by law) 
• Denial of veteran’s preference as provided by law 
• Denial of National Guard Preference 

The following issues may be addressed only through the Informal Discussion process (if applicable), or other alternative dispute resolution processes within the University. 

• Overall performance rating of less than Meets expectations 
• Denial of request to remove inaccurate and misleading information from personnel or applicant file. 

Note: Some serious allegations (discrimination, harassment, retaliation) are handled first through EEO procedures, not directly through the standard grievance process. 

Support for Employees 

• Guidance on whether an issue qualifies for grievance. 
• Help preparing forms, documentation, and statements. 
• Support during informal discussions, mediation, or hearings. 
• Clarification of rights, responsibilities, and timelines. 

Support for Supervisors 

• Assistance responding to concerns appropriately and in good faith. 
• Help preparing for informal discussions or mediation. 
• Policy interpretation and documentation support. 
• Required notification to Employee Relations when an employee requests informal review. 

Director of Employee Relations & Engagement Contact: hr@unca.edu

At UNC Asheville, we are committed to providing a fair, clear, and supportive process for addressing workplace concerns. Our SHRA grievance process is designed to help employees raise issues related to workplace actions, performance, or conduct in a transparent and constructive manner. We encourage employees and supervisors to address concerns early through open dialogue and informal discussions whenever possible. When a grievance moves to the formal process, the steps are structured to ensure fairness, clarity, and guidance, while providing employees with the support they need and helping maintain a respectful and productive workplace.

The University aims to complete the formal grievance process within 90 calendar days, excluding time spent in informal discussion or EEO inquiry.

Step 1: Filing a Grievance 

Employees must submit the SHRA Grievance Form within 15 calendar days of the eligible action or event. Employees should note that legal representation is not permitted during internal mediation or hearing processes; only University-approved support persons may participate.

After Each Submission:  

When a grievance is submitted, the Director of Employee Relations & Engagement reviews the information to determine whether the concern meets eligibility requirements under the SHRA grievance policy. After this review, the Employee Relations will follow up directly with the employee to share the eligibility determination and outline next steps in the process. Throughout the grievance journey, Employee Relations serves as a resource for guidance, questions, and procedural support – helping the employee understand available options, timelines, required forms, and campus or external resources. The goal of this partnership is to ensure that every employee feels informed, supported, and empowered to navigate the process with clarity and confidence.

Resources:

• SHRA Grievance Policy (System-Level)

Step 2: Resolution Path Determined

Depending on the nature of the concern, grievances follow one of three pathways:

1. Informal Discussion Path
2. Direct to Formal Path
3. EEO Informal Inquiry

However, certain serious matters may bypass informal discussion. For claims involving unlawful discrimination, harassment, or retaliation, the EEO Informal Inquiry process may be required prior to any formal grievance.

A. Informal Discussion Path

This step is used to address workplace concerns that do not involve major disciplinary action or claims of discrimination, harassment, or retaliation. The purpose of this stage is to create an open, collaborative dialogue between the employee and their supervisor, with support from the Office of Human Resources, to resolve concerns at the lowest and most productive level. If the issue is resolved through discussion, the grievance process concludes. If the matter remains unresolved after 15 calendar days, the employee may choose to move forward with the formal grievance process.

B. Direct to Formal Path (No Informal Discussion Required)

This process is used for more serious actions, including:

• Dismissal
• Demotion
• Suspension without pay
• Separation due to unavailability

Employee Support:

• OHR / Employee Relations consultation
• EEO guidance and intake support
• External filing options if discrimination is alleged

C. EEO Informal Inquiry

This process is used for more serious actions, including:

• Dismissal
• Demotion
• Suspension without pay
• Separation due to unavailability

AND – One of the options below or both:

• Allegation of unlawful discrimination, harassment or retaliation.
• Complaint alleges unlawful discrimination, harassment or retaliation.

Employees may pursue these concerns internally through the University’s procedures, externally with a federal agency, or both simultaneously. The University will investigate and provide a response within 45 calendar days, with the option of a mutually agreed 15-day extension if needed. If the employee disagrees with the outcome, they have 15 calendar days to file a formal grievance to continue the review process.

Resources:

• • Policy on Non-Discrimination

Step 3: Mediation (Within 35 Days) 

Goal: Voluntary resolution with neutral mediator. If unresolved, then the employee has 5 days to move to hearing panel. 

Step 4: Hearing Panel Review (Within 35 Days) 

• Panel hears grievance, submits recommendation to Vice Chancellor 
• OSHR reviews decision within 10 days 
• Final written decision issued afterward 

Step 5: External Appeal (If Unresolved) 

If an employee wishes to appeal the final decision of a formal grievance, they may file a contested case petition with the North Carolina Office of Administrative Hearings (OAH). This petition must be submitted within 30 calendar days of receiving the final decision. 

Employees may either accept the outcome of their grievance or choose to withdraw it at any stage of the process. To do so, the employee must submit the completed SHRA Grievance Supplemental Form to the Office of Human Resources department or directly to the Director of Employee Relations. Withdrawing your grievance does not reset timelines; withdrawn grievances must be documented and may impact related claims. 

How to Submit: 

Email: hr@unca.edu 

Hand-Deliver to:

Office of Human Resources Office
217 Phillips Hall
One University Heights
Asheville, NC 28804

If hand-delivering: Use marked envelope (“Attention: Director of Employee Relations & Engagement”) 

EHRA Non-Faculty Grievance Policy