Appealing CSEA Unsatisfactory Performance Evaluation

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Policy Statement

Employees rated "Unsatisfactory" may seek to raise their rating to "Satisfactory" through the appeals process. Probationary employees and trainees are not entitled to appeal. Employees may use the appeals process to appeal only the performance rating itself. Matters concerning the rating and review process are not subject to appeal.

Category Name: Human Resources
Responsible Unit: Office of Human Resources
Responsible Exec: VP for Administration and Finance
Adoption Date: Unavailable
Last Revision Date:
Last Review Date:

Purpose/Scope

 

Applicability

 

Definitions

There are no definitions for this policy at this time.

Policy Procedures

1. Appeals must be submitted in writing on the Performance Evaluation Appeals Form available on the Office of Human Resources website.

2. Appeals are submitted to the Director of Human Resources. Employees appealing a rating of "Unsatisfactory" must state specific reasons and present evidence to show why their work performance deserves a higher rating. Such evidence should focus on accomplishments during the evaluation period, whether the performance standards were adhered to, and how the completed tasks met the requirements of the performance program.

3. Employees have 15 calendar days from receipt of their ratings in which to appeal. The 15 days shall begin on the date the evaluation was given to the employee or the date that the evaluation was mailed to the employee. If the employee refuses to sign the evaluation, the supervisor should note that and the date given to the employee.

4. The College Appeals Board shall consist of three Managerial/Confidential employees. The Board shall hear testimony from the supervisor, employee and any other pertinent individuals. The Board shall submit a written recommendation to the Director of Human Resources who will render a decision on whether to change the evaluation to a "Satisfactory." The decision will be delivered to the employee by hand or certified mail.

5. An employee whose appeal is denied at the College level may submit an appeal to the Statewide Performance Evaluation Appeals Board.

a. The appeal to the Statewide board must be done in writing by completing the section of the Appeals Form marked Step Two and submitting it within 15 calendar days of receipt of the College Appeals Board decision.

b. In submitting the appeal, appellants must attach one legible copy of their Performance Program Rating Form to the appeals form, and any other documentation that supports a higher rating. Appellants must provide reasons for their disagreement with the College level decision and provide evidence to show why their work performance deserves a higher rating. Employees must send these documents by certified mail to the Statewide Performance Evaluation Appeals Board, c/o Governor's Office of Employee Relations, 2 Empire State Plaza, Suite 1201, Albany, NY 12223-1250. In addition a copy of the appeals form should be mailed to the Director of Human Resources of the College.

c. An employee appealing a rating of "Unsatisfactory has the right to a personal appearance before both the College and Statewide Appeals Boards and to be represented by a person designated by the employee's union. An appellant wishing to make a personal appearance must indicate this by checking the box on the Performance Evaluation Appeals Form.

d. An employee making a personal appearance before an appeals board during the employee's normal working hours is allowed excused time for such an appearance, including travel time.

e. The decision of the board will be mailed to the employee and the College.

 

Links to Related Procedures and Information

Related Forms:

Performance Evaluation Appeals Form

Contact Information

There is no contact information for this policy at this time.

History (in descending order)

Item Date Explanation
Next Review Date December 1, 2017 Three year review
Adoption Date Unavailable Policy Adopted

Approval

This policy is approved by:

Last Updated 1/4/18

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