Faculty Grievance Committee Training October 26, 2012.
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Transcript of Faculty Grievance Committee Training October 26, 2012.
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Faculty Grievance Committee Training
October 26, 2012
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Faculty Grievance Committee
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Composition and Terms
• Members selected by departments.• President appoints 8 committee members.• Members serve 2 year terms.• Chair is elected by the Committee.
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Possible Roles
• Serve as pool for random selection of 3 member Subcommittee during Informal Resolution phase of Grievance Process.
• Serve as pool for random selection of 3 member Review Panel during Formal Grievance phase of Grievance Process.
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Bottom Line
• Provides recommendations only; not decision makers.
• Technically speaking, should not be subject of lawsuit.
• Just in case, defense and indemnity by UTSA/State of Texas.
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Faculty Grievance Process
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Key Terms
• Grievant• Complaint• Respondent• Committee• Printed Materials• Work Days
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Administrative Actions/Decisions Subject to Grievance Procedure
• Denial or reduction in merit award or a reduction in salary or rank
• Assignment or reassignment of duties• Denial or withdrawal of a University benefit or
privilege• Suspension without pay• Performance evaluations• Other disciplinary actions
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Non-Grievable Actions or Decisions
• Actions or decisions reviewable pursuant to other procedures provided by the University
• Actions or decisions that limit academic freedom
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Major Features
• Informal Resolution Process (prerequisite to Formal Grievance Procedure)
• Formal Grievance Procedure
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Informal Resolution Process
• Direct Conversations– Between/among Respondent, Chair, Dean and
Vice Provost; initiated by Grievant – goal is administrative solution.
• Written Complaint– If Direct Conversations unsuccessful, Grievant
submits Written Complaint within 40 work days of Administrative Action/Decision and Respondent responds within 10 work days.
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Informal Resolution Process
• Grievance Committee Assistance– If Direct Conversations and Written Complaint do
not resolve grievance, Grievant may request Informal Assistance of the Committee.
– Chair of the Committee appoints a Subcommittee (3 faculty members) to conduct informal negotiations between parties and urge resolution.
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Committee Assistance
• Subcommittee may urge resolution by appropriate administrative officers and withdrawal or modification of Complaint.
• Subcommittee notifies Committee Chair of results.– If successful resolution, submit written report to the
Chair and the Vice Provost. – If no successful resolution, Committee Chair informs
Grievant of right to initiate Formal Grievance Procedure.
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Formal Grievance Procedure
• Administrative Resolution by Dean or the Executive Vice Provost (if Dean is the Respondent)
• Review Panel (may or may not include a hearing) makes findings and recommendations.
• Provost Resolution
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Administrative Resolution
• Grievant submits a Written Complaint and supporting materials* to the Chair within 90 work days of the date of the administrative action or decision.
• Respondent can file a Written Response with supporting materials* within 15 work days of receipt of notification and materials from the Chair.
*These are only opportunities for each side to submit evidence.
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Administrative Resolution
• The Dean or the Executive Vice Provost provides a written proposal for resolution within 10 work days of receipt of all materials from the Chair.
• Proposal can include dismissal of the Complaint or a suggested solution.
• If both parties agree with the proposal, the grievance is over.
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Review Panel
• If both parties do not accept the proposal, a Review Panel is appointed.
• Chair of the Committee appoints a Review Panel (3 Faculty Members – not members of subcommittee).
• Review Panel meets and reviews Printed Materials (each side’s submissions and the proposed resolution), and provides findings and recommendation.
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Review Panel
• Review Panel recommends one of following 5 actions:– Dismiss the Complaint, failure to state a claim upon
which relief may be granted– Dismiss the Complaint, failure to meet the burden of
proof– Accept the proposed resolution– Suggest a modified resolution– Schedule a limited hearing to clarify the evidence
through verbal testimony
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Hearing
• If Review Panel recommends a Hearing, must notify Grievant, Respondent and Provost of specific relevant issues that are in conflict and which need clarification.
• Hearing is not for full review of grievance, but only for limited purpose of clarifying written evidence.
• Only Review Panel Members may question witnesses.
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Hearing
• At conclusion of hearing, Review Panel deliberates and submits written findings and recommendations to Committee Chair, who forwards them to Provost for final resolution.
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Responses to Recommendations
• Grievant and Respondent may submit Written Responses to the Review Panel’s recommendations to the Chair and to the Vice Provost.
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Provost Resolution
• The Provost reviews all materials and provides a final written resolution
• The resolution may endorse, modify, or reject the recommendations of the Review Panel.
• Provost’s decision concludes the grievance process.