Ariz. Admin. Code § R2-5A-902 - Complaint Procedures
A.
Content. Each agency complaint procedure shall include as a minimum that:
1. The agency head be notified of all verbal
or written complaints of discrimination or harassment reported by an employee
immediately upon receipt of a complaint.
2. Employees who are told or otherwise become
aware that discrimination or harassment is occurring must immediately report
the allegation or complaint to the agency's complaint coordinator.
3. The complaint include all facts and
circumstances involved in the alleged violation, including:
a. Description of the incident(s),
b. Name(s) of individual(s)
involved,
c. Name(s) of
witness(es),
d. The date(s) the
discrimination or harassment occurred (if known),
e. Resolution sought,
f. Federal or state law alleged to have been
violated.
4. The agency
complaint coordinator shall acknowledge receipt of the complaint in writing to
the complainant not later than five business days after receipt of the written
complaint.
5. The agency complaint
coordinator shall initiate an investigation into the alleged complaint or
assign the complaint to the appropriate individual within the agency for review
or investigation within 10 business days and the review or investigation shall
be completed within 60 business days of receipt of the written complaint. If
extenuating circumstances exist, an extension shall be requested through the
agency complaint coordinator.
6.
Barring resolution of the complaint by agreement of the parties, the agency
complaint coordinator shall forward a written recommendation to the agency
head, or designee, within 10 business days of completion of the review or
investigation.
7. The agency head,
or designee, shall review the findings and recommendations and issue a decision
in writing to the complainant.
8. A
statement advising that retaliation against an employee for filing a complaint
in good faith will not be tolerated or permitted.
9. A statement specifying that a grievance
filed by a covered employee under R2-5B-403 that includes an allegation of
discrimination or harassment shall be reviewed or investigated under the
provisions of this Article, and not the grievance system.
B. Review by Director.
1. An employee, other than a Department of
Administration employee, who is not satisfied with the agency head's response
to a complaint alleging discrimination or harassment, may elevate the complaint
to the Director within five business days after the receipt of the agency
head's response. The Director will furnish a copy of the final decision to the
agency head and the complainant within 20 business days following receipt of
the complaint by the Director. The 20 business days may be extended by the
Director with the concurrence of the complainant. The decision of the Director
is the final step in the complaint procedure.
2. A complainant who is a Department of
Administration employee and who is not satisfied with the Director's decision
on a complaint alleging discrimination or harassment may resubmit the complaint
to the Director within five business days after receipt of the Director's
decision. The Director will appoint an individual who is not an employee of the
Department of Administration and who serves in a position that is assigned to
manage an agency's employee relations or investigations work unit to
investigate the resubmitted complaint. The investigator shall conduct an
investigation and furnish a copy of the findings and final decision to the
Director and the complainant within 20 business days following receipt of the
complaint by the investigator. The 20 business days may be extended by the
investigator with the concurrence of the complainant. The decision of the
investigator is the final step in the complaint procedure.
3. The response will refer the employee to
the appropriate entity if the employee is dissatisfied with the final step of
the complaint procedure.
Notes
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