§9 Definitions
Adverse Employment Action - Any employment action resulting in an adverse effect on the terms, conditions, or benefits of employment.
Agency Head - The Director, Commissioner, or other appointed head of the state agency or the individual who has been delegated the authority to act for the agency head.
Arbitrary or Capricious - In disregard of the facts or without a reasoned basis.
Attachments - Documents joined with the grievance form in the resolution steps and in the qualification decision.
Back Pay - Retroactive payment of wages, bonuses, leave or other benefits, overtime (if a requisite of the job) and other forms of fixed compensation, as directed by the hearing officer.
Cross-Examination - Questioning by the opposing party to test the truth or further develop the prior testimony of a witness.
Discrimination - Different or hostile treatment based on race, color, religion, political affiliation, age, disability, national origin, or sex.
Expedited Process - A shortened process available for terminations, demotions or suspensions without pay, or loss of wages.
First-step Respondent - The immediate supervisor of the employee (the individual responsible for completing the performance evaluation or giving daily work instructions).
Grievance - Written complaint on the grievance form stating the nature of the claim, the facts in support of the claim, and the relief requested.
Harass - Action taken with the intent or purpose of impeding the operations of the agency.
Implementation -An order issued by the court directing a party to carry out a final hearing decision.
Interim Earnings - Income earned or received in lieu of state salary or other regularly earned compensation including but not limited to unemployment compensation benefits.
Involuntary Separation - Separation which is not of free will; resignation obtained through misrepresentation, deception, duress, coercion, or time pressure.
Just Cause - A reason sufficiently compelling to excuse not taking a required action in the grievance process.
Mediation - Voluntary process through which individuals, with the assistance of mediators, may reach an agreement to resolve work-related issues.
Noncompliance - Failure to follow a grievance procedure rule.
Offers of Proof - Documents, testimony and other evidence offered but not admitted into the record.
Party - Either the employee who initiates the grievance or her employing agency.
Preponderance of the Evidence - Evidence which shows that what is intended to be proved is more likely than not; evidence that is more convincing than the opposing evidence.
Procedural Requirements - Formal procedures deemed essential to ensure fairness in the grievance process.
Retaliation - Adverse employment actions taken by management or condoned by management because an employee exercised a right protected by law or reported a violation of law to a proper authority (e.g. "whistleblowing").
Second-step Respondent - An individual designated by the agency who is in a senior management position and has the requisite authority to provide the employee with appropriate relief.
Third-step Respondent - The agency head or an individual designated by the agency who is a deputy, assistant commissioner, director, or manager most senior in the employee’s line-of-supervision and who has the last opportunity to resolve the grievance in the resolution steps.
Verbatim - Taken word by word but not necessarily transcribed.
Workday - Normal work schedule (excluding authorized leave time) for the individual responsible for taking the required action.
Written Notice - Formal written disciplinary action taken under the Standards of Conduct.
Revised August 30, 2004