Policies

Faculty Grievance Procedure

Table of Contents

Faculty Grievance Procedure

  1. PREAMBLE

    2. In any community of free people, even under the best of circumstances, complaints will be generated from time to time by individuals or groups who feel that a condition exists which is detrimental to their professional careers or personal well-being.

    A community of academicians operates on the premise that a complaint brought by one or more of its members against another or against the institution itself is best resolved when the parties involved are encouraged to seek a just and equitable solution.

    When individual efforts fail to produce a satisfactory resolution of a complaint, it behooves the greater academic community to intercede so that an equitable solution is obtained with dispatch.

    Therefore, a grievance procedure is established for complaints that are not effectively within the purview of the UNIVERSITY RULES AND PROCEDURES or of the FACULTY PROMOTION AND TENURE POLICIES AND PROCEDURES. Nonrenewal of nontenured faculty or issues concerning salary, as well as promotion and tenure, are different from other grievable matters in that they are part of ongoing administrative and faculty review processes. The procedures described in this document reflect this difference.
    1. Prior Mediation

      2. A complainant has the option of first pursuing mediation through processes other than the grievance procedure described herein. Any prior mediation attempts shall not preclude the complainant's right to initiate a complaint through the Faculty Grievance Procedure. Faculty are encouraged to seek prior mediation which may resolve the complaint without the necessity of initiating the grievance process.

    2. Definitions
      1. Parties to the grievance: The term "parties to the grievance" shall be defined as the party or parties lodging the grievance [the grievant(s)] and the party or parties against whom the grievance is lodged.

      2. Schools: For purposes of this document, the College of Humanities and Sciences and the professional faculty of the University Library Services shall also be considered schools.

      3. Working day: a working day shall be defined as a weekday, Monday through Friday, except for University and/or legal holidays.
  2. INITIAL STATES OF THE GRIEVANCE PROCEDURE
    1. Informal Stage
      1. This grievance procedure does not circumvent established administrative channels. Thus any complaint concerning any condition that is believed to be detrimental to the complainant's professional development or personal well-being shall first be directed in writing as described below:
        1. Type I - Grievances concerning salary issues, nonrenewal of nontenured faculty, or promotion or tenure issues not covered by the FACULTY PROMOTION AND TENURE POLICIES AND PROCEDURES.

          In the informal stage, complaints should be directed to the appellant's chairperson who will review the merits of the complaint and pass a recommendation on to the school dean or other appropriate administrator for reconsideration. At each step of this review, the complainant will have an opportunity to explain the complaint in writing or in person, at his or her option, to the appropriate administrative officials.
        2. Type II - Grievances other than those concerning salary, nonrenewal of nontenured faculty, promotion or tenure.

          1.) Complaints against a member of the complainant's department shall be explained to the department chairperson. When the complaint is against the chairperson it shall be explained to the dean of the school.
          2.)Complaints against a member or chairperson in the complainant's school, but not a member of the complainant's department, shall be explained to the dean of the school.
          3.)Complaints against a member of another school shall be explained to the deans of the schools involved.
          4.)Complaints against an administrator shall be explained to the next higher administrator.
      2. It shall be the responsibility of the person receiving the complaint to attempt to mediate an amicable solution through his or her good offices. Alternatively, another person, such as the chairperson of the School's grievance board, may be designated as mediator for the informal stage provided the complainant, the person receiving the complaint and the proposed mediator agree to this alternative arrangement.

        3. Attempts at mediation shall not continue beyond 10 working days from the date the responsible person receives a complaint unless agreed to in writing by the complainant.

      3. Within five working days from the date of the conclusion of this stage of the grievance procedure, the person receiving the complaint, or the designated mediator, shall submit a written report to all parties involved and to the chairperson of the University Grievance Panel. The report shall summarize the mediation attempts and give the proposed resolution or, if the complaint is unresolved, recommendations for further action.

      4. For Type I grievances which concern nonrenewal of nontenured faculty, the grievance process must be initiated within 30 working days of receipt of the notification regarding nonrenewal of contract (or of a terminal contract) of a nontenured faculty member. This time restriction does not apply to salary grievances or other Type I or Type II grievances.
    2. Formal Stage
      1. In the event that the complaint is not resolved in the informal stage, the complainant may file a grievance.
        1. For a Type I grievance (as described in Section II.A.1.a.), the request for a hearing shall be made to the chairperson of the University Grievance Panel. Type I grievances shall be heard only by a University grievance board. (See Section IV.B. Designation of University Grievance Boards.)

        2. For a Type II grievance (all grievances other than Type I), the request for a hearing shall be made to the chairperson of the appropriate school grievance board. (See Section III.B. Election and Membership of the School Grievance Board and Section IV.A. Composition of a School Grievance Board.)

        3. An exception to this requirement occurs when the faculty member's complaint concerns a dean's, or higher level administrator's, actions or failures to act. Such Type II grievances shall be submitted to the University Grievance Panel and treated in the same manner as Type I grievances.
      2. A formal grievance may be lodged against a member of the faculty or the University administration by anyone holding faculty rank or administrative status, so long as the person or persons filing the grievance are employed by the University at the time the grievance is filed.

        The term faculty shall include persons, other than administrative faculty, with full-time, part-time, permanent, temporary, paid, or non-paid faculty appointments by the Board of Visitors.

      3. The grievance shall be in writing and specify the condition believed to be detrimental to the individual's professional development or personal well-being and the manner in which it may affect the grievant adversely. Furthermore, it shall specify the reason why such a condition is felt to be the responsibility of the person or persons named in the grievance, and it shall suggest the changes that would satisfy the grievant. The submitted grievance should also include any supporting materials which may help in determining its validity.
  3. ELECTION OF UNIVERSITY GRIEVANCE PANEL AND SCHOOL GRIEVANCE BOARDS
    1. Notification of Election Procedure

      At the beginning of each spring semester the chairperson of the University Grievance Panel shall notify in writing the school deans and the executive officers of the schools' faculty governance bodies, of the procedures and requirements for election to the University Grievance Panel and the school grievance board. (See Section III. B. and C.)

    2. Election and Membership of the School Grievance Board
      1. The faculty of each school shall elect from their full-time faculty three members and four alternates to a school grievance board that shall hear grievances for its school. For each school, with the exception of University Library Services, at least one of the three members and at least one of the four alternates must be tenured.

      2. Ineligible for service on the board are (a) those individuals having dean or vice-president in any of their titles or serving in an administrative position of equivalent rank or higher rank and (b) faculty, other than professional faculty of the University Library Services, who have administrative responsibility for directing and assessing the work of other faculty or have direct control over the salary determinations of other faculty.

      3. A faculty member may not simultaneously serve on both a school grievance board and the University Grievance Panel, as a member or as an alternate.

      4. Members of the board and alternates shall be elected by the faculty of the school during the spring semester to serve a term of office which shall begin August 15 and continue for three years thereafter. Elections shall be staggered so that one third of the membership shall be elected annually. (Election of two of the four alternates will be held every third year.)

        Nominees for election to the school grievance board should be made aware of the responsibilities and should indicate their willingness and availability to serve, before accepting the nomination.

      5. Should a vacancy occur during the term of office of a member of a school grievance board, one of the alternates shall be chosen by lot or by mutual agreement to serve the remainder of the member's term. A replacement for the alternate shall be elected by the faculty of the school to serve the remainder of the alternate's term.

      6. The members of a school grievance board shall annually elect one of the board members to serve as chairperson of the board for the coming academic year.
    3. Election and Membership of the University Grievance Panel
      1. See Section X.A. for procedures for the election of the chairperson of the University Grievance Panel.

      2. The University Grievance Panel shall be comprised of 31 elected faculty members in addition to the chairperson of the panel. Membership on the panel shall be apportioned among the schools annually by the Faculty Senate committee which is responsible for Senate apportionment, so that, insofar as possible, such members shall be elected proportionally to the number of full-time faculty in the respective school, provided that each school shall be represented by at least one member and no school shall be represented by more than eight members.

      3. In the event that reapportionment decreases the number of panel members allotted to a school, the most-recently elected panel members shall continue in office until their terms expire.

      4. Each school shall elect one or more alternate members to the panel, with the number to be elected from each school to be one alternate for every two panel members apportioned to the school. Schools with only one apportioned panel member are entitled to one alternate. Alternates may serve on University grievance boards when panel members from their school are unavailable.

      5. Should a vacancy occur during the term of office of a panel member from a school, one of the alternates for that school shall serve the unexpired term. A new alternate shall then be elected. For schools with more than one alternate, the alternate to fill the vacancy may be chosen by lot.

      6. Members of the panel and alternates shall be elected by the faculty of each school during the spring semester to serve terms of office which shall begin August 15 and continue for three years thereafter. Elections shall be staggered so that one-third of a school's panel members and alternates shall be elected annually, insofar as possible.

        Membership on the panel for the panel chairperson may be extended beyond three years.

        Nominees for election to the University Grievance Panel should be made aware of the responsibilities and should indicate their willingness and availability to serve, before accepting the nomination.

      7. Should an incumbent panel member be elected chairperson of the panel (by the procedure given in Section X.A.), that panel member's school shall elect a replacement to serve the remainder of the unexpired term as the school's representative panel member.

      8. Members of the University Grievance Panel and alternates must be tenured full-time faculty or full-time professional faculty in the University Library Services.

        Ineligible for service on the board are (a) those individuals having dean or vice-president in any of their titles, or serving in an administrative position of equivalent rank or higher rank, and (b) faculty, other than professional faculty of the University Library Services, who have administrative responsibility for directing and assessing the work of other faculty or have direct control over the salary determinations of other faculty.

      9. Within the first two weeks of the fall semester the panel shall elect one of its members to serve as vice-chairperson for the coming year. The vice-chairperson shall assume the responsibilities of the chairperson when the chairperson cannot serve due to conflict of interest, an absence of limited duration, or any other compelling circumstance. Should a vacancy occur in the office of chairperson of the panel, a new chairperson shall be elected as directed in Section X.A., Election and Term of Office of the University Grievance Panel Chairperson.
  4. ESTABLISHMENT OF GRIEVANCE BOARDS FOR HEARINGS
    1. Composition of a School Grievance Board for a Hearing
      1. When a grievance is referred to the chairperson of a school grievance board, the chairperson shall notify the other members of the school grievance board and the parties to the grievance of (a) the names of the elected school grievance board members and alternates and (b) the right to consideration by an impartial board. (See Section IV.C. Consideration by an Impartial Board.)

      2. If the composition of the board is subsequently changed, the chairperson of the school grievance board shall immediately notify the other members of the board and the parties to the grievance.

      3. The board hearing the grievance shall be composed of the three members of the school grievance board or their alternates, as determined in accordance with Section IV. C., Consideration by an Impartial Board. When a grievance involves members of two schools, the grievance boards of the schools involved shall sit in joint session.

      4. Should a member of the board not be available to hear a particular grievance because of challenge, disqualification, or any other reason, the alternate to serve on the board in place of that member may be determined by lot from among the elected alternates. (See Section IV.C. Consideration by an Impartial Board.)

      5. When the grievance board is established for the hearing, the chairperson of the school grievance board shall call the board into session as directed in Section V.A., Procedure After a Grievance is Referred to a School Grievance Board.

        If the school grievance board chairperson has been replaced by an alternate for the hearing, the individuals serving on the board for the hearing shall select one of their number to serve as chairperson for that hearing.

        If two schools are involved, the two chairpersons shall agree or determine by lot which of them shall chair the joint board.
    2. Designation of University Grievance Boards
      1. Whenever a Type I or Type II grievance is directed to the chairperson of the University Grievance Panel, the chairperson shall appoint within 10 working days five members from the panel to serve on a University grievance board to consider the grievance. The panel chairperson shall make a reasonable attempt to have a balanced representation from the various faculty constituencies in appointing members to the University grievance board.

      2. Upon receipt of the grievance, the chairperson of the University Grievance Panel shall immediately notify the two academic vice-presidents who, within five working days, shall each appoint an administrator to serve on the University grievance board. The five members from the panel and the two administrators shall constitute the University grievance board to consider the grievance.

        Should an academic vice-president be a party to the grievance, an administrator from the same campus shall be designated by the president to serve on the board.

      3. When appointments to a University grievance board have been made, the chairperson of the panel shall notify the parties to the grievance and the appointed members of the board of (a) the names of the appointed members of the board and (b) the right to consideration by an impartial board. (See Section IV. C. Consideration by an Impartial Board.)

        If the composition of the board is subsequently changed, the chairperson of the panel shall immediately notify the other members of the board and the parties to the grievance.

      4. When a grievance board is established, the chairperson of the University Grievance Panel shall call the grievance board into session. The members of the grievance board shall select a faculty member of the board to serve as grievance board chairperson for that hearing.
    3. Consideration by an Impartial Board
      1. A party to a grievance may request that a member of the board be disqualified for bias or conflict of interest.
        1. University grievance boards. The request that a member of a University grievance board be disqualified should be directed to the chairperson of the University Grievance Panel. If a member or members of a University grievance board refuse to remove themselves when challenged for cause, the challenging party may appeal to the remaining members of the board who shall make a final determination of the challenge(s).

        2. School grievance boards. The request that a member of a school grievance board be disqualified should be directed to the chairperson of the grievance board of that school. If a member or members of a school grievance board refuse to remove themselves when challenged for cause, the challenging party may appeal to the remaining board members and elected alternates who shall make a final determination of the challenge(s).
      2. Members of a board shall be responsible for self-disclosure of any prejudice toward either party to a grievance, or to the grievance itself, and may remove themselves from considering a grievance for cause.

      3. Each party shall have, in addition, a single challenge without stated cause. A member so challenged shall not consider the case.

      4. Challenges to membership of a grievance board by any party to the grievance must be made prior to commencement of the hearing.
  5. PROCEDURE AFTER A GRIEVANCE IS REFERRED TO A GRIEVANCE BOARD
    1. Procedure After a Grievance is Referred to a School Grievance Board
      1. When a grievance is referred to the chairperson of a school grievance board, the chairperson shall, within five working days of having received the grievance, distribute true copies of the grievance to the board and to the parties to the grievance.

      2. The chairperson of the school grievance board shall notify the chairperson of the University Grievance Panel who shall provide such assistance as is necessary. The school dean shall assist, as needed, to insure the availability of the appropriate number of copies of materials, equipment for recording of board proceedings, or other aids as deemed necessary.

      3. Within 15 working days after distribution of the grievance, the board shall meet and decide whether to hear the case. (See Section V. C. Refusal to Hear a Grievance.) The board shall immediately notify the parties to the grievance of its decision.

      4. If the board decides to hear the case, it shall commence the hearings no sooner than 15 working days and no later than 20 working days following its decision to hear.

      5. The party against whom the grievance is lodged shall have 15 working days, after notification of the decision to hear the grievance, to submit written materials if so desired.
    2. Procedure After a Grievance is Referred to a University Grievance Board
      1. When a grievance is referred to a University grievance board, the chairperson of the board shall distribute true copies of all pertinent materials to any parties to the grievance who have not already received them and to the members of the board within five working days of the referral.

      2. The chairperson of the University Grievance Panel shall assist, as needed, to insure the availability of the appropriate number of copies of materials, equipment for recording of board proceedings, or other aids as deemed necessary. The provost of the University shall insure that the chairperson of the University Grievance Panel shall have the resources and support services necessary.

      3. Within 15 working days after the distribution of the materials pertinent to the grievance, the board shall meet and decide whether to hear the case. (See Section V. C. Refusal to Hear a Grievance.) The board shall immediately notify the parties to the grievance of its decision.

      4. If the board decides to hear the case, it shall commence the hearings no sooner than 10 working days and no later than 15 working days following its decision to hear.
    3. Refusal to Hear a Grievance
      1. A board may refuse to hear a grievance if it determines that
        1. The parties have made inadequate effort to resolve the dispute by discussion and agreement or have not used other reasonably available avenues for relief within the department, school, or division; or

        2. The dispute is patently frivolous; or

        3. The relief sought is beyond the power of the University to grant; or

        4. The grievance is insufficiently related to the concerns of the academic community; or

        5. The dispute is within the jurisdiction of another committee of the University.
      2. In the event that a board determines it will not hear a particular case, it shall so notify the chairperson of the University Grievance Panel in writing. The written statement should clearly articulate which of the above refusals to hear a grievance serves as the basis for the denial, and it shall become part of the record and be distributed to all concerned parties.

      3. The decision not to hear the grievance shall be by a vote of at least five "No" votes for a University grievance board or by a majority vote for a school grievance board. Under all other conditions, the board shall hear the grievance.

      4. If a University grievance board refuses to hear a grievance which has been previously adjudicated by a school grievance board, the refusal shall constitute an affirmation of the decision of that board.

      5. Appeal of decision not to hear grievance

        6. If the board decides not to hear a grievance and the grievant wishes to appeal, the appeal must be made to the chairperson of the University Grievance Panel in writing within ten working days of receiving notification of the board's decision. If the panel chairperson believes that the refusal to hear is not justified, the panel chairperson shall appoint a University grievance board to reconsider the case.
  6. HEARING BY A GRIEVANCE BOARD

    7. (Section VI. applies to both school grievance boards and University grievance boards.)
    1. General Considerations for a Hearing
      1. Expeditious Consideration
        1. The parties to any grievance have the right to expeditious consideration of the matter at all stages of these procedures.

        2. Any board, whether a school grievance board or a University grievance board, is expected to formulate its recommendation and communicate it to the parties to the grievance within 22 working days of the conclusion of the hearing.
      2. Extension of Deadlines

        3. The University Panel chairperson or a grievance board chairperson has the discretion to extend a deadline only under unusual or compelling circumstances. Valid reasons for extending deadlines include, but are not limited to, the summer months and holidays. Any extension of the time must be justified and all parties and the chairperson of the University Grievance Panel must be advised of the time of the extension and of the justifications(s).

      3. Schedule for the Hearing

        4. The board shall establish a schedule of dates, times and locations for the hearing process, after a decision has been made to hear the grievance. Notice of this schedule shall be distributed to all parties at least five working days before the hearing. This schedule shall establish an adequate amount of time for the board to hear each of the parties, the witnesses and all others. If necessary during the hearing, the chair may alter the time schedule. Changes to the time schedule shall be recorded in the proceedings of the hearing and made available to each party to the grievance.

      4. Members of the grievance board shall hold in confidence all specific information regarding hearings and deliberations.

      5. All votes by the board shall require a simple majority unless otherwise noted in this document.

      6. A board hearing is not meant to be conducted as a legal court proceeding and boards shall not be bound by rules of evidence, such as hearsay and rules of admissibility. Boards should consider all evidence presented at the hearing. The board shall determine the relevance and weight of proffered evidence.

      7. The board is not an investigative body for any matters other than those directly related to the grievance.

      8. The board may discover relevant matters during the course of a hearing which are beyond the grievance itself. At the conclusion of the hearing the board may recommend to the appropriate administrator(s) or faculty governance body that further investigation or studies be carried out on these matters.
    2. Attendance at a Hearing and Supporting Documentation
      1. All members of the board must be present for the hearing and for all board deliberations of the case. In unusual circumstances proceedings may continue without the presence of a board member, provided both parties to the grievance voluntarily give their consent.

      2. Hearings shall be closed to the public.

      3. Witnesses, Documents and Supporting Materials

        4. Each party involved in a grievance may (a) submit to the grievance board written materials in support of a position and (b) present witnesses if hearings are held. Parties may not submit additional material later than five days prior to the hearing unless permission to extend the time limitation is granted by the chairperson of the grievance board.

        As it deems appropriate, the board may call any witnesses and examine any documents in addition to those presented by the parties to the grievance.

        The board may request additional materials from either party at any time before or during the hearing.

      4. Copies of all supporting materials received by the chairperson of the board shall be distributed to the board and to the parties to the grievance prior to the hearing.

      5. Advisors

        6. Each party to a grievance may be accompanied in the hearing by a nonparticipating advisor and may consult with the advisor throughout the hearing. The board, if it chooses, may have present and consult with a nonparticipating advisor during the hearing. The advisor for the board or for either of the parties to the grievance may be legal counsel provided the stipulations in B.6. below have been met.

      6. Legal Counsel

        7. (See Section XI. ROLE OF THE UNIVERSITY LEGAL COUNSEL)

        If any party chooses to have legal counsel present as a nonparticipating advisor, written notification must be received by the chairperson of the board at least five working days before the hearing. The chairperson shall then promptly send written notification to the other parties so that they may retain counsel of their own if they choose.

        If the board decides to have legal counsel as a nonparticipating advisor present, the chairperson must notify, in writing, the parties to the grievance at least five working days before the hearing so that they may retain counsel of their own if they choose. If either party then decides to have legal counsel, the board and the other party must be notified prior to the day of the hearing. If deemed necessary by the chairperson of the grievance board, a reasonable time to secure legal counsel may be allowed, which delay shall constitute a valid basis for extension of previously established deadlines.

      7. Observer

        8. At the request of any party to a grievance or of the board hearing the case, a representative of a responsible professional association may be permitted to attend hearings as an observer, provided both of the parties and the board agree to allow the attendance. The observer shall not advise the board or any of the parties to the grievance during the hearing.

        The party who wishes to invite the observer must submit a written request to the chairperson of the board at least five working days before the hearing so that the chairperson is able to gain approval or disapproval from the other party and the board.

      8. Presence at Hearings

        9. The parties to a grievance and their respective advisors shall have the right to be present at hearings at all times when testimony is being heard, as may any representative of a responsible professional organization attending as an observer in accordance with B.7.(above).

        Witnesses other than the parties may remain in the hearing only while giving testimony.
    3. Hearing Procedure
      1. The chairperson of the board shall establish a format for the hearing which shall be distributed to the members of the board and to the parties in advance of the hearing.

      2. Normally the hearing format will have the following sequence, with reasonable time limits imposed by the board if deemed necessary:
        1. Opening statements
          • by grievant
          • by opposing party (party against whom the grievance is lodged)
        2. Presentation of evidence (witnesses, documents and other supporting materials)
          • on behalf of grievant
          • on behalf of opposing party
          • additional evidence, as requested by the board
        3. Closing statements
          • by grievant
          • by opposing party
        4. Board meets in closed session for secret deliberation and the decision.
      3. Only members of the board may question witnesses. Parties to the grievance may not question witnesses directly, but, at the discretion of the board chairperson, may be allowed to suggest questions or areas of inquiry to be asked by the board.

      4. The board may recess or continue the hearing as circumstances require.

      5. Records of the Hearings

        6. A record shall be made of the proceedings during hearings. Normally, the record shall consist of a tape recording of all testimony. Secret deliberations by the board shall not be recorded and are not to be considered a part of the official record.

        Each party to a grievance shall have access to all records of the hearing, and upon request shall be furnished, at no expense, a record of the proceedings. (A copy of the official record of the proceedings, in whatever form it is made, shall satisfy this requirement.) (See Section XII. DISPOSITION OF RECORDS.)
    4. Deliberation by a Board
      1. After hearing the parties to the grievance and any witnesses the board shall deliberate with only members of the board present. It shall then either (a) recommend action or (b) dismiss the grievance.

      2. If the grievance concerns more than one issue, the board shall address each of the issues for recommended action or dismissal of the issue.

      3. After the deliberation process has begun, the board may consult with the board's non-participating advisor, the chairperson of the panel and/or University legal counsel on procedural questions and on questions pertaining to written University policies.

      4. The board shall make findings of fact and render a decision based solely on the record of the hearing.

        5. If the board's decision is to recommend action, the recommendation shall specify the person or persons responsible for carrying out each of the recommended actions and shall state any time limitations for completion of the action(s).

      5. The board, in its final determination, shall not be restricted to the remedy requested by the grievant.

      6. Notification to the parties concerned of a board's decision to recommend action shall include the board's specific recommendation(s).
  7. PROCEDURE FOLLOWING A HEARING
    1. Procedure Following a Hearing by a School Grievance Board
      1. After the board has deliberated and determined to recommend action or to dismiss the grievance, the chairperson of the board shall send, within 15 working days, a written notice of the board's decision to the parties concerned, to the appropriate dean, and to the chairperson of the University Grievance Panel. If the dean is a participant in the hearing, the board's decision shall also be sent to the appropriate vice president.

      2. Within 22 working days of receipt of notification of a board's decision to recommend action, the responsible person or persons, as designated in the board's recommendation, shall send written notification of all actions taken in response to the board's recommendation to the parties to the grievance, to the chairperson of the grievance board which heard the case, and to the chairperson of the University Grievance Panel.

      3. Appeals
        1. Each party to a grievance that has been considered by a school grievance board has the right to appeal the action of that board within 22 working days of the grievance board's notification. An appeal of the action of a school grievance board must be in writing by the party or parties to the chairperson of the University Grievance Panel to initiate the formation of a University grievance board to consider the grievance.

        2. In cases in which a school grievance board recommends action, and no appeal is filed, the board shall meet, after 22 working days following announcement of its decision, and determine if appropriate action has been taken in response to its recommendation.

          3. When, in the judgment of the board, appropriate action has not been taken within 22 working days, the chairperson of that board shall submit the grievance and the board's recommendation to the chairperson of the University Grievance Panel who shall initiate the formation of a University grievance board to hear the case. (See Section IV.B. Designation of University Grievance Boards.) In this circumstance, the University grievance board is required to conduct a hearing.

        3. When the grievance board has completed its action on the case, the chairperson of the board shall forward all records and other materials pertinent to the case to the chairperson of the University Grievance Panel. No board chairperson or member shall retain any materials pertinent to a case. (See Section XII. DISPOSITION OF RECORDS.)
    2. Procedure Following a Hearing by a University Grievance Board
      1. For both Type I and Type II grievances, after the board has deliberated and determined either to recommend action or to dismiss the grievance, the chairperson of the grievance board shall send, in writing, the board's decision to the parties concerned and to the chairperson of the University Grievance Panel.

      2. In all Type I grievances in which the board recommends action, the chairperson of the grievance board shall also send the board's recommendation and rationale directly to the president of the University for consideration and action. (See Section VIII. ACTION BY THE PRESIDENT OF THE UNIVERSITY.)

      3. In all Type II grievances in which the board recommends action, the responsible person or persons, as designated in the board's recommendation, shall send written notification of all actions taken in response to the board's recommendation to the parties to the grievance, to the chairperson of the grievance board which heard the case, and to the chairperson of the University Grievance Panel. This notification of actions taken shall be distributed within 22 working days of receipt of the board's decision.

      4. In all Type II grievances in which the board recommends action, the board shall meet, after 22 working days following announcement of its decision, and determine if appropriate action has been taken in response to its recommendation.

        5. When, in the judgment of the board, appropriate action has not been taken within 22 working days, the chairperson of that board shall reconvene the grievance board to meet with the chairperson of the University Grievance Panel to determine a course of action.

        The board may submit the grievance with its own recommendation and rationale to the president of the University for consideration and action. (See Section VIII. ACTION BY THE PRESIDENT OF THE UNIVERSITY.)

        When the grievance board has completed its action on the case, the chairperson of the board shall forward all records and other materials pertinent to the case to the chairperson of the University Grievance Panel. No board chairperson or member shall retain any materials pertinent to a case. (See Section XII. DISPOSITION OF RECORDS.)
  8. ACTION BY THE PRESIDENT OF THE UNIVERSITY

    9. Within 22 working days of receipt of a University grievance board's recommendation and rationale, the president of the University shall send notification of the disposition of the case to the parties to the grievance, to the chairperson of the grievance board which heard the case, and to the chairperson of the University Grievance Panel.


    After 22 working days have elapsed following notification of the board's recommendation to the president, the chairperson of the University Grievance Panel shall determine if action has been taken by the president and shall so notify the board, the panel chairperson and the parties to the grievance.


    In the event that the University president has not acted upon a recommendation from a University grievance board within 22 working days, the chairperson of the University Grievance Panel shall refer the board's recommendation and rationale to the rector of the University Board of Visitors for disposition of the case.

  9. PROCEDURAL COMPLIANCE
    1. General Requirements

      2. All participants in a grievance are expected to comply with the procedures stated within this Faculty Grievance and Appeal Procedures document. The parties may jointly waive specific procedural requirements provided the waiver is voluntary and in writing.

    2. Notification

      3. All attempts at notification, as called for in the grievance procedures, must be documented as to dates, times and circumstances and become part of the record. Reasonable efforts toward notification shall constitute procedural compliance by the individual or board issuing the notice, even when the intended recipient does not acknowledge receipt.

    3. Action in Case of Procedural Noncompliance

      4. Questions of procedural non-compliance which involve any of the parties to the grievance, the grievance board or any other participants are to be referred to the chairperson of the University Grievance Panel for resolution.

    4. Noncompliance Challenge to a Determination by a Grievance Board

      5. After the hearing either party to a grievance may challenge the board's final determination, on the grounds that the board's determination was unduly affected by procedural noncompliance by the board or by any other participant.

      The challenge must be submitted in writing to the chairperson of the University Grievance Panel within five working days of notification of the board's determination. The panel chairperson shall then make a final and non-appealable determination as to whether or not the challenge is valid and significant enough to warrant a new hearing due to the non-compliance issue. If the chairperson determines the challenge warrants a new hearing, the chairperson shall either remand the grievance to the original grievance board or convene a newly-constituted University grievance board for the reconsideration.

    5. Procedural Compliance by the Chairperson of the University Grievance Panel

      6. Any questions of alleged procedural non-compliance by the chairperson of the University Grievance Panel may be directed to the Executive Committee of the Faculty Senate which shall determine what actions, if any, should be taken.
  10. ELECTION, ROLE AND FUNCTION OF THE CHAIRPERSON OF THE UNIVERSITY GRIEVANCE PANEL
    1. Election and Term of Office of the University Grievance Panel Chairperson
      1. The chairperson of the University Grievance Panel shall be elected to serve a term of office which shall begin August 15 and continue for three years thereafter.

      2. In March of the year in which the presiding chairperson's term of office will expire, the chairperson of the University Grievance Panel shall request that the president of the Faculty Senate appoint a nominating committee composed of three tenured, non-administrative faculty which shall solicit University-wide nominations for the office of University Grievance Panel chairperson.
        1. The following month the nominating committee shall present to the Senate a slate of candidates for the office of University Grievance Panel chairperson, at which time additional nominations may be made from the floor of the Senate.

          2. At the next meeting of the Faculty Senate the members of the Senate shall elect by majority vote from the slate of candidates a chairperson of the University Grievance Panel for the next three years beginning August 15.

        2. In the event the panel chairperson is unable to complete the three-year term of office, nomination and election procedures for a chairperson to fill the unexpired term shall be the same as given above except that the nominating committee shall be appointed either (a) no later than one month following the date of vacancy of the office, or (b) in the month of August following a vacancy which occurs during the months of May, June or July.

          3. The newly elected chairperson shall assume office immediately following the election and shall serve until the end of the unexpired term of office.
    2. Role of Panel Chairperson as Advisor

      3. The chairperson of the University Grievance Panel will advise any party to a grievance, or any individual considering such action, on procedural matters and on the types of materials necessary for a decision by a board on whether or not to hear a case. No advice or opinions shall be furnished, however, on the likelihood of a hearing, merits of a case, or possible implementation of any recommendation by a board.

      The chairperson of the panel is also responsible for annually notifying the schools regarding election procedures for the school grievance boards and the University Grievance Panel. (See Section III.A. Notification of Election Procedures.)

    3. Annual Report

      4. Before November 1 of each year the chairperson of the University Grievance Panel shall report in writing to the president of the University and to the Faculty Senate on the operation of the grievance boards and the University Grievance Panel during the preceding academic year. The report shall include statistical data on the cases considered and on those dismissed without a hearing, and a summary of all formal action taken by grievance boards. The report shall also include any other matters deemed significant and relevant to the faculty grievance process and procedures.

    4. Resources Available to the Panel Chairperson

      5. The provost of the University shall insure that the chairperson of the University Grievance Panel shall have the time, resources, and support services necessary to fulfill the functions of this office.

      Normally, the chairperson of the University Grievance Panel shall be granted some release time from academic responsibilities while serving as chairperson and, if needed, additional financial support during the summer if the chairperson does not have a 12-month appointment. Support services shall include part-time clerical assistance provided by the University.
  11. ROLE OF THE UNIVERSITY LEGAL COUNSEL

    12. The role of the University legal counsel shall be to insure that all parties to a grievance are accorded due process. As such, the legal counsel should be available to the chairperson of the University Grievance Panel, University grievance boards, and the school grievance boards for advice. The University legal counsel may not function as an advisor to either party during the hearing as set forth in Section VI.B.5.& 6.

  12. DISPOSITION OF RECORDS

    13. All records and other materials pertinent to a case shall be forwarded to the chairperson of the University Grievance Panel when a grievance board completes its action on the case. (See Section VI.C. 4. Records of the Hearing and Sections VII.A.4. and VII.B.4.)

    A complete set of records shall be retained by the chairperson of the University Grievance Panel for three years following the disposition of a case. Duplicates of records and other pertinent materials may be destroyed immediately following receipt by the panel chairperson.

    At the end of three years following the disposition of a case, all records and other materials pertinent to a case shall be destroyed by the chairperson of the University Grievance Panel, unless litigation is in progress.

  13. PROCEDURES FOR REVIEW AND AMENDMENT OF THIS DOCUMENT


    14. Changes in the Faculty Grievance and Appeal Procedure may be initiated at the request of the Faculty Senate, the University Council or the chairperson of the University Grievance Panel. Upon such a request the president of the Faculty Senate shall appoint an ad hoc faculty committee from the University at large to review issues and recommendations regarding the University's grievance procedures and, if necessary, to recommend adjustments to the procedures. Membership on the ad hoc faculty committee shall include, but is not limited to, one or more faculty members who have served as members of the University Grievance Panel.

Chairperson of the University Grievance Panel

Valerie Robnolt, Ph.D.
Associate Professor
Department of Teaching and Learning
Virginia Commonwealth University
(804) 827-2649

Effective Date: January 1, 1997

Updated July 2009

Web version created February 1997
Office of Institutional Research and Evaluation

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