WILLIAM DONALD SCHAEFER, Governor                   Ch. 246

Failure to appeal at any step constitutes acceptance. Failure to
answer is a denial to which an appeal may be made. By mutual
agreement, the time limits and/or steps may be waived.

(1)     It is the responsibility of each party to the grievance

procedure at each step of the procedure to duplicate the

grievance form prior to filing it with the employer or returning

it to the employee and to retain one copy of the form.

(m) A grievance may start with a complaint or request by a
permanent or temporary employee.

(n) An employee may be represented at every step of the
grievance procedure by a party or organizational representative.

(o) An employee shall receive a copy of this grievance
procedure upon employment at the University.

(p) Both parties shall make an effort to resolve the
grievance at the lowest possible level.

(q) All grievance hearings shall be open hearings unless
either party requests that the hearing be closed.

(r) At any step of the grievance procedure, either party
may require that witnesses be excluded from the hearing room
until called.

(s) Any party who elects to use this procedure for
resolution of a problem is presumed to agree to abide by the
final disposition arrived at in this procedure and the final
disposition may not be subject to review under any other
procedure within the University.

(t) Any question concerning the timeliness of a grievance
or whether a complaint is subject to the grievance procedure
shall be raised and resolved promptly, unless the person hearing
the grievance or appeal determines that the decision on a motion
to dismiss will be deferred pending a hearing on both the merits
and the motion.

13-1A-07.

(a) The defense of sovereign immunity may not be available
to the University, unless otherwise specifically provided by the
laws of Maryland, in any administrative, arbitration, or judicial
proceeding held pursuant to this section, to the rules and
regulations of the Secretary of Personnel, or the personnel
policies, rules, and regulations for classified employees of the
University of Maryland SYSTEM involving any type of employee
grievance or hearing, including, but not limited to charges for
removal, disciplinary suspensions, involuntary demotions, or
reclassifications.

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