Section 3.7 – Administrative review for state institution of higher education employees.

• (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 retaliatory 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 retaliatory 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 retaliatory 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 retaliatory action;
  • (b) the payment of back wages;
  • (c) full reinstatement of fringe benefits;
  • (d) full reinstatement of seniority rights; or
  • (e) if the retaliatory 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.

Amended by Chapter 174, 2022 General Session