§ 67-21-3.7. Administrative review for state institution of higher education employees.

(1)

(a) A state institution of higher education may adopt a policy to establish an independent personnel board to hear and take action on a complaint alleging adverse action.

(b) The policy described in Subsection (1)(a) 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) If a state institution of higher education adopts a policy described in Subsection (1), an employee of the state institution of higher education may file a complaint with the independent personnel board alleging adverse action.

(3) If an independent personnel board finds that adverse action is taken in violation of the policy described in Subsection (1)(a), the independent personnel board may order:

(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(8)(d), a pay raise that results in the employee receiving the pay that the employee would have received if the person had been promoted.

Enacted by Chapter 427, 2013 General Session