Administrative review for state institution of higher education employees.
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(1)
(a) As used in this section, "independent personnel board" means a board where no member of the board:
(i) is in the same department as the complainant;
(ii) is a supervisor of the complainant; or
(iii) has a conflict of interest in relation to the complainant or an allegation made in the complaint.
(b) A state institution of higher education shall adopt a policy to establish an independent personnel board to hear and take action on a complaint alleging adverse action.
(c) The policy described in Subsection (1)(b) shall include:
(i) procedures for filing a complaint and conducting a hearing; and
(ii) a burden of proof on the employer to establish by substantial evidence that the employer's action was justified by reasons unrelated to the employee's good faith actions under Section 67-21-3.
(2)
(a) An employee of a state institution of higher education may file a complaint with the independent personnel board described in Subsection (1)(b) alleging adverse action.
(b) An independent personnel board that receives a complaint under Subsection (2)(a) shall hear the matter, resolve the complaint, and take action under Subsection (3) within the later of:
(i) 30 days after the day on which the employee files the complaint; or
(ii) a longer period of time, not to exceed 30 additional days, if the employee and the independent personnel board mutually agree on the longer time period.
(3) If an independent personnel board finds that adverse action is taken in violation of the policy described in Subsection (1)(b), the independent personnel board may order, or recommend to a final decision maker:
(a) reinstatement of the employee at the same level as before the adverse action;
(b) the payment of back wages;
(c) full reinstatement of fringe benefits;
(d) full reinstatement of seniority rights; or
(e) if the adverse action includes failure to promote, as described in Subsection 67-19a-101(11)(d), a pay raise that results in the employee receiving the pay that the employee would have received if the person had been promoted.
(4) A final decision maker who receives a recommendation under Subsection (3) shall render a decision and enter an order within seven days after the day on which the final decision maker receives the recommendation.