Employee Inquiry and Complaint Procedures

All Fairmont State University employees should strive to develop and maintain positive and effective working relationships. Fairmont State encourages open, honest, and regular dialogue between supervisors and employees about work expectations, standards, and performance.

The Office of Human Resources encourages and promotes these positive working relationships among university employees through the efforts of its main office located in 230 Hardway Hall.

Human Resources is available to assist supervisors with coaching and counseling their employees; serve as an additional resource at employee meetings; recommend fair and appropriate disciplinary actions; provide guidance on documentation; help ensure consistency throughout the university community; and provide accurate information and guidance pertaining to various employee-related procedures, policies, and regulations.

Human Resources is also available to assist employees with addressing and resolving workplace disputes; oversee the complaint process; and recommend additional resources that may be helpful to the employee’s situation. Human Resources also oversees the process for accepting reports of suspected policy violations and complaints of employee misconduct.

Methods of Reporting Policy Violations/Perceived Misconduct

Informal Resolution

Addressing problems quickly and locally is often the best way to resolve an issue and move forward. Employees are encouraged to pursue informal resolutions to complaints and concerns through their immediate supervisor (Assistant/Associate Vice President and/or Vice President, if the supervisor is the source of the complaint or concern). Supervisors have a responsibility to meet with the employee in a timely and professional manner to discuss the employee’s complaints or concerns and should consider reasonable solutions with the goal of remedying the situation consistent with university policy. Employees and supervisors are obligated to make earnest attempts at informally resolving problems since they are closest to the facts and in the best position to come up with feasible resolutions.

Complaint Process

For complaints or concerns that cannot be solved through supervisory channels, HR manages the complaint process. Employees are strongly encouraged to file complaints as soon as reasonably possible, as older complaints are more difficult to investigate. Employees have the option of requesting a complaint be formally investigated or informally investigated. Some of the differences between formal and informal investigations are essentially, a formal complaint implies more serious or on-going misconduct, where an informal complaint may not be as serious or may be an isolated incident, that does not truly require a formal investigation in order to identify the material facts and determine what happened.

HR may decline to formally investigate complaints for a variety of reasons. It may be that the complaint was filed more than one year after the issue of concern occurred (or more than one year after the complainant gains knowledge of the incident). It could be that the alleged misconduct, even if true as alleged, is minor and may be adequately addressed through an informal investigation or maybe even verbal counseling. Anyone wanting to file a formal or informal complaint may complete the Complaint Form (or contact HR by calling (304) 367-4113 or emailing HR@fairmontstate.edu). Always attach to the complaint from any and all additional documentation that is relevant and m

Grievance Process

All Fairmont State University employees hired for permanent employment for a full- or part-time position, can file a grievance to seek a resolution to a workplace dispute. All grievances are processed under rules outlined in WV Code §6C-2-1, et seq. 

A grievance must be filed with the Fairmont State University’s President’s Office within 15 working days following the occurrence of the event upon which the grievance is based or within 15 days of the date when the employee learned of the event or within 15 days of the most recent occurrence of a continuing practice giving rise to a grievance. “Working days” excludes Saturday, Sunday, official holidays and any day in which the workplace is legally closed under the authority of the Fairmont State University President or his designee due to weather or other cause. 

Specific allegations for the grievance and the relief requested by the employee must be stated on the grievance form. However, the grievance procedure cannot address any issues over which Fairmont State University as the employer lacks statutory authority to act, including retirement programs and pensions or public employees insurance.

Three Levels of the Grievance Process:

Level One

Employee files the grievance at this level generally and requests either an informal conference or a formal hearing be conducted by Fairmont State University’s Chief Grievance Administrator, who is or acts on behalf of Fairmont State University President. Unless the parties agree otherwise, if an employee requests a hearing, it must be scheduled within 15 days of receipt of the grievance. As appropriate, a decision will be made at this level.

Level Two

If an employee is unsatisfied with the Level One decision, he/she may file an appeal within 10 days to the WV Public Employees Grievance Board. At this level, a mediation may be requested and will be scheduled within 20 days of the request. The mediation is conducted by an administrative law judge at no cost to the parties. A report of the mediation shall be issued within 15 days of the mediation.

Level Three

If the mediation at Level Two was unsuccessful, the employee may file a written appeal with the employer and the WV Public Employees Grievance Board within 10 days of receipt of the mediation report and request a Level Three hearing on the grievance. This hearing will be held before an administrative law judge.

More information about this process, including grievance forms, can be found on the West Virginia Public Employees Grievance Board site.

A copy of any grievance forms should be sent to both addresses listed below:

Fairmont State University President's Office
1201 Locust Ave.
Hardway Hall
Fairmont, WV 26554

State Grievance Board
1701 5th Avenue, Suite 2
Charleston, WV 25387

Overview of the Formal Complaint Process

The Office of Human Resources is committed to fostering a safe, respectful, and inclusive work environment. This form allows employees to report workplace concerns, including but not limited to harassment, discrimination, retaliation, policy violations, or general misconduct.

*Please note this is not the same as filing a grievance with the West Virginia Grievance Board.

You may submit this form anonymously, but please note that doing so may limit our ability to investigate or resolve your concern. Providing your name and contact information allows us to follow up, gather additional details, and keep you informed throughout the process.

All submissions are handled with sensitivity and in accordance with applicable university policies and procedures.
Please follow the steps below to complete and submit the online HR Complaint Form.

Step 1: Access the Complaint Form

Submit a Human Resources Complaint

Step 2: Complete the Form

Provide accurate and detailed information in each section of the form:

Your Information: Include your full name, job title, department, and contact information. (Anonymous submissions are allowed, but providing your information helps HR follow up.)
Date of Incident: Enter the specific date(s) the incident(s) occurred.
Individuals Involved: List names, job titles, and departments of the person(s) involved in the complaint.
Detailed Description: Clearly explain what happened, where it occurred, and any witnesses. Be factual, objective, and include as much detail as possible.
Supporting Documentation (Optional): Upload relevant files such as emails, screenshots, or documents to support your complaint.
Desired Outcome (Optional): State how you would like the situation to be resolved, if applicable.

Step 3: Review and Submit

Carefully review all information for accuracy and completeness.
Confirm that all required fields are filled out.
Click Submit to send the form to the Human Resources department.

Step 4: Confirmation and Follow-Up

You will receive a confirmation email or message acknowledging receipt of your complaint.
An HR representative may follow up with you to request additional information or to schedule a meeting.
All complaints are handled confidentially and investigated in accordance with HR policies.

Due Diligence in Investigating Complaints

As part of its efforts to exercise due diligence, HR is dedicated to conducting objective, prompt, and thorough investigations. HR ensures that the investigative process affords reasonable opportunities for both the employee who filed the complaint and the person or persons responding to the complaint to share their perspectives and provide documentation supporting their positions. The investigative process invites both sides to identify witnesses they believe possess relevant firsthand knowledge and may be helpful in establishing the facts material to the allegations set forth in the complaint.

While no investigation can be exhaustive, HR exercises reasonable care in collecting and analyzing all available information pertaining to the material allegations set forth in the complaint and any defenses offered by the person or persons responding to the complaint.

Standard of Proof

The standard of proof for HR’s formal complaint process is a preponderance of the evidence (the “preponderance standard”). The preponderance standard requires a claimant to establish that it is more likely than not that their claim is true. One way this is often illustrated is with percentages, for example: 51% of the evidence supports the truth of the claim.

The preponderance standard is utilized by most universities in internal investigations because it reflects the legal standard that a jury would use in a civil trial or that an enforcement agency (such as the Equal Employment and Opportunity Commission) would use in an administrative proceeding. Although HR investigations are not legal proceedings, the preponderance standard is widely applied in higher education as the standard of proof for employee complaints.

Part of the investigator’s role is to gather and analyze sufficient information to make a determination as to whether the allegations directed against a Fairmont State employee are substantiated by a preponderance of the information provided by the parties, witnesses, and supporting materials. The goal of establishing a clear and consistent standard of proof also assists the ultimate decision-maker in responding to investigative findings.

Investigative Reports and Investigatory Findings

Fairmont State University is committed to establishing and maintaining harmonious working relationships between supervisors and employees. Toward that end, the formal complaint process is intended to serve as a prompt and impartial way to address complaints that cannot be resolved through other routes.

Some complaints filed as formal may be referred back to the employee’s department if it appears the matter is best resolved informally. Other complaints may be very straightforward and require only a limited investigation. Such complaints that are either minor in nature or simple in form may not necessitate a formal investigative report. In some cases, a written case summary may be adequate.

More egregious and/or complex complaints may warrant a full investigation. Such complaints will culminate in a written investigative report or a memo, depending on the complexity of the claims and nature of the findings. These written summaries outline the investigative process and make findings of fact and contain conclusions on whether the alleged misconduct violated Fairmont State University policy. Final reports will be referred back to the employing unit of the employee found to have violated Fairmont State University policy or engaged in misconduct, where the appropriate discipline will be determined. The investigators do not make recommendations or determinations regarding discipline imposed on employees who have been found to have violated policy or engaged in misconduct. These are responsibilities of the department leadership with support and recommendations from Human Resources.

Prohibition Against Retaliation

Fairmont State University strictly prohibits retaliation against any employee who seeks assistance in resolving a concern informally, files a formal complaint, or participates in the investigation of a complaint. Any employee who believes he or she has been retaliated against for any type of participation in the HR complaint process should immediately inform his or her supervisor and the Director of Human Resources.

Employees must feel comfortable and confident in reporting misconduct. Consequently, the university takes very seriously any allegation of retaliation or intimidation of anyone involved in the investigative process. Any supervisor or employee found to have engaged in retaliation will be subject to disciplinary action, up to and including termination.

Confidentiality

Human Resources acknowledges the potential impact investigations may have on careers and/or reputations. Thus, we are vigilant in carefully identifying and involving only those individuals necessary to investigate complaints.