Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Employee: means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied. See Utah Code 67-21-2
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Good faith: means that an employee acts with:
(a)
subjective good faith; and
(b)
the objective good faith of a reasonable employee. See Utah Code 67-21-2
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
State institution of higher education: means the same as that term is defined in Section 53B-3-102. See Utah Code 67-21-2
(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.
