issued by the constituent institution. If the grievance is arbitrated, the parties shall
select an arbitrator by mutual agreement. If they are unable to reach a mutual
agreement, an arbitrator shall be supplied by the American Arbitration Association by
their procedures. Any fees resulting from arbitration are assessed by the arbitrator
equally between the two parties. The arbitration award is advisory to the [Secretary
of Budget and Management] CHANCELLOR OR ADMINISTRATIVE LAW JUDGE, AS
APPROPRIATE, and an additional appeal or hearing may not be considered. The
[Secretary of Budget and Management] CHANCELLOR OR ADMINISTRATIVE LAW
JUDGE, AS APPROPRIATE, shall make the final decision that is binding on all parties.

(e) The [Secretary of Budget and Management] CHANCELLOR OR
ADMINISTRATIVE LAW JUDGE, AS APPROPRIATE, shall have the power to award back
pay in any grievance and the president of the constituent institution shall enforce
such order. In any reclassification case in which the [Secretary] CHANCELLOR OR
ADMINISTRATIVE LAW JUDGE, AS APPROPRIATE, or his designated representative,
determines that an employee has been misclassified, the [Secretary] CHANCELLOR
OR ADMINISTRATIVE LAW JUDGE, AS APPROPRIATE, may, in his discretion, award
back pay to the employee for a period not to exceed one year prior to the initial filing
of the grievance.

(f) (1) During any stage of a complaint, grievance, or other administrative
or legal action that concerns State employment by a full-time or part-time employee
of an institution, or by a temporary or contractual employee of an institution, the
employee may not be subjected to coercion, discrimination, interference, reprisal, or
restraint by or initiated on behalf of an institution solely as a result of that employee's
pursuit of a grievance, complaint, or other administrative or legal action that
concerns State employment.

(2) An employee of an institution may not intentionally take or assist in
taking an act of coercion, discrimination, interference, reprisal, or restraint against
another employee solely as a result of that employee's pursuit of a grievance,
complaint, or other administrative or legal action that concerns State employment.

(3) An employee who violates the provisions of this subsection is subject
to disciplinary action, including termination of employment.

13-205.

(a) Within 5 days from the date on which the employee receives the charges
for removal as evidenced by the return receipt or other evidence of delivery of the
charges to the employee an employee who is suspended under charges for removal
may request an opportunity to be heard in his own defense. Within 30 days if possible
after receipt, the [Chancellor or the Chancellor's] PRESIDENT OR THE PRESIDENT'S
designated representative shall investigate the charges and give the employee an
opportunity to be heard. Testimony shall be taken under oath and both the
department head or chairman or designee and the employee has the right of
representation by counsel and the right to present witnesses and give evidence.
Within 15 days following the conclusion of the conference, the written decision shall
be rendered to the employee. In the case of appeals from charges pending removal,
the department head or chairman or designee may request through appropriate