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Appendix E – University Faculty Grievance Policy and Procedures

Policy Number: 3349-03-78
Effective Date: 10/05/2005
Updated: 03/26/2018
Reviewed:
Responsible Department: College Deans, Department Chairs and Immediate Supervisors
Applies To: Faculty

A. Purpose

This Policy provides faculty members with the opportunity to present and resolve Grievances.

B. Scope

This Policy applies to a limited remedy available to all faculty members of the University and graduate students while functioning as a Teaching Assistant, Research Assistant or Graduate Assistant.

These procedures do not apply to tenure decisions, appointment and promotion decisions, charges of misconduct or where specific University policies apply.

C. Definitions

Words have their ordinary meaning unless otherwise specified in the Faculty Bylaws or this Appendix.

Students and faculty should consult the Faculty and Student Handbooks for further information on other policies that may be applicable.

  1. “Grievance” is defined as:
    1. A complaint by a faculty member that a specific administrative act was arbitrary or capricious, and that such act adversely affects the faculty member’s existing terms or conditions of appointment; or
    2. A claim by a faculty member that a violation of applicable University Faculty Bylaws, regulations, or personnel policies has occurred and that such violation adversely affects the faculty member’s existing terms or conditions of appointment.
  2. “Grievant” – the person filing the Grievance
  3. “Respondent” – the person against whom the Grievance is filed.

D. Body of the Policy

  1. Standards and Procedures. The Dean of the respective College or the Dean’s designee is responsible for implementing Step II of this Policy.
  2. Informal Resolution (Step I)
    1. The faculty member shall attempt to informally resolve the Grievance with the Respondent.
    2. Attempts at informal resolution do not extend the time limits as set forth for filing a formal Grievance unless a written exception is granted by the Dean’s designee.
  3. Formal Review (Step II)
    1. A Grievance that is not resolved to the satisfaction of the Grievant through informal resolution may be presented by the Grievant for formal review.
    2. A formal Grievance must be filed simultaneously in writing with the Dean, or the Dean’s designee, the immediate supervisor and the Respondent no later than 30 calendar days from the date the faculty member knew, or could reasonably be expected to know, of the event or action that gave rise to the Grievance.
    3. The formal Grievance must:
      1. identify the specific administrative act(s) to be reviewed;
      2. specify how the Grievant was adversely affected;
      3. specify in what regard, if any, the administrative act(s) was/were arbitrary or capricious; and
      4. specify the remedy requested.
      5. The Respondent will prepare a written response to be submitted to the Dean or the Dean’s designee and his/her immediate supervisor within 15 business days of the date of the filing of the formal Grievance.
      6. The Dean or the Dean’s designee will render a finding in the matter to the Grievant and Respondent within 15 days.
  4. Withdrawal. At any time prior to the resolution of the Grievance, the Grievant may withdraw the Grievance without prejudice.
  5. Remedy. If the Grievance is sustained in whole or in part, the remedy shall not exceed restoring to the Grievant the pay, benefits, rights, or other terms and conditions of appointment lost as a result of the violation of University rules, regulations, or personnel policies, or as a result of an arbitrary or capricious administrative action.
  6. Records. After resolution, records of the Grievance will be maintained in the Office of the General Counsel in accordance with the record retention Policies of the University.

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