9.1
The University is committed to offering faculty grievance and appeal processes that assist in resolving certain disputes or issues. Faculty members or administrators who participate as members of committees in reviewing renewal, tenure, promotion, disciplinary, termination, or dismissal matters - either during evaluation/review stages, during decision-making processes, or during grievance/appeal processes - are, to the fullest extent of the law and consistent with Board of Trustees policy, defended and indemnified against personal liability for conduct and decisions made within the scope of employment and in good faith.
9.2
Faculty Grievance Process
9.2.1
The goal of the faculty grievance process shall be to address and resolve on an effective and expeditious basis certain disputes or issues arising within the faculty, in order to assist faculty and academic administrators in continuing to be able to work together in a collegial and appropriate manner in the best interests of the students.
9.2.2
Faculty members have the right to grieve under this provision actions including, but not limited to violation of policy, procedure, Handbook provisions, or inappropriate conduct by another faculty member, by academic leadership within the faculty member’s department, or unit, or by the University, including imposition of discipline or remediation short of dismissal for cause. Challenges to any formal employment decision by the University (e.g., renewal, tenure, promotion, dismissal, or termination decisions) shall be addressed using the Faculty Appeal processes set forth in Chapter 9.3 and 9.4 below and are not subject to this Faculty Grievance Process.
9.2.3
This grievance process may be initiated by a faculty member through the filing of a written grievance including the following as applicable:
9.2.3.1
the action being grieved,
9.2.3.2
the party or parties against whom or which the grievance is lodged,
9.2.3.3
the reasons why the grievant believes the conduct or action at issue was unwarranted,
9.2.3.4
the University policy, procedure, or standard that the grievant believes to have been violated, and
9.2.3.5
the relief sought.
9.2.3.6
If any of this information is not presently available to the grievant, the grievant should provide as much of the information as possible. Any such written grievance should be filed with CAO and/or Human Resources within 30 calendar days after the action, conduct, or decision.
9.2.4
The CAO or designee shall determine whether the grievance as filed fits the criteria for this process to apply. If the grievance is against the CAO it should go directly to the president for consideration. Where a grievance appears to implicate more than one grievance or appeal process, the CAO or designee shall determine which process applies and communicate this determination to the grievant, the opposing party (if any), and any other faculty or University committee, body, or representative needing to know. If another policy such as the Title IX, Section 504, or Faculty Appeal process applies, the CAO or designee shall notify the grievant in writing. If this Faculty Grievance process applies, the CAO or designee shall notify the grievant and the subject of the grievance in writing of this threshold determination and shall forward the grievance to the officers of the Faculty for further action. The Faculty officers will promptly review the grievance, decide based on the materials submitted whether it merits the convening of a Faculty Grievance Committee, and inform the grievant as well as the subject of the grievance and the CAO in writing of this determination.
9.2.5
Formulation and membership of a Faculty Grievance Committee is described in Chapter 6.2.3 of the Faculty Bylaws. Pursuant to this description, the CAO or designee works collaboratively with the officers of the Faculty to convene a Faculty Grievance Committee.
9.2.6
If convened, the Faculty Grievance Committee will proceed to investigate the grievance, and/or be provided the results of any investigations that have occurred thus far, and issue a written report of its findings and any recommended remedy to the grievant, to the subject of the grievance (if the subject is not the University), and to the CAO. This process is intended to be an internal dispute resolution process by academic personnel, not a formal hearing, and any meetings are not subject to verbatim transcription or taping. The Faculty Grievance Committee may, however, take notes, prepare minutes, or otherwise memorialize the conduct of the meeting.
9.2.7
The CAO will consider the recommendation submitted by the Faculty Grievance Committee and inform the grievant and any other parties to the grievance in writing of the resolution of the grievance by the CAO. This resolution is final and will be filed in the Academic Affairs Office. In the alternative, depending upon the nature of the issue being grieved, the CAO may delegate consideration and final resolution of a grievance to another appropriate academic administrator.
9.2.8
Grievances properly considered under this Faculty Grievance process shall be reviewed, and a proposed written resolution prepared by the Faculty Grievance Committee, within 30 days after the grievance is transmitted by the CAO to the faculty chair or vice chair, except where this timeline is extended by the faculty chair, vice chair, or CAO for good cause. Good cause may include the timing of a filing immediately before an academic break or summer, unavailability of parties or information, need for further investigation prior to resolution, or any other reasonable basis for an extension.
9.2.9
Nothing in this Faculty Grievance process precludes a faculty member from pursuing other available remedies outside the University.
9.3
Faculty Appeal Process
9.3.1
Renewal, tenure, promotion, and faculty termination decisions are not subject to the Faculty Grievance Process above and may instead be appealed using the following Faculty Appeal Process (Chapter 9.3). Faculty dismissals for cause may be appealed using the Faculty Dismissal Appeal process set forth in Chapter 9.4 below.
9.3.2
Because the decisions subject to this Chapter 9.3 are preceded by extensive shared governance processes involving faculty and administrative reviews and recommendations, deference is due to those faculty bodies and committees, as well as to administrators, who have already reviewed these matters prior to the University’s issuing a final decision on the merits. Appeals may only be taken from such determinations on the following grounds:
9.3.2.1
a serious departure from procedure or Faculty Handbook standards that could potentially have changed the outcome of the process;
9.3.2.2
violations of the University’s anti-discrimination, harassment, or retaliation policies; or
9.3.2.3
alleged violations of academic freedom commitments.
9.3.3
Appeals of decisions using this process shall be filed with appropriate administrators pursuant to the following timelines:
9.3.3.1
Appeals of decisions not to renew appointments must be filed with the CAO or designee within 10 business days after the decision in question has been communicated to the faculty member in writing or through a meeting with the CAO or designee.
9.3.3.2
Appeals of decisions not to grant tenure or promotion must be filed with the president or designee within 10 business days after the president has forwarded to the faculty member his or her final recommendation regarding the request.
9.3.3.3
Appeals of decisions to terminate due to financial exigency or program/department discontinuance above must be filed with the president or designee within 10 business days after the president has forwarded to the faculty a notice of termination pursuant to processes outlined in Chapters 8.3.1.2 or 8.3.1.3 above.
9.3.3.4
The filing of an appeal under this provision does not stay the effect of the decision in question, unless the CAO or designee so determines and notifies the grievant in writing.
9.3.4
Appeals filed under this provision shall first be reviewed by the CAO or designee to determine whether they have been filed in a timely manner, are able to be resolved under this process, and also to resolve any issues regarding the application of multiple grievance processes. If another process applies, the CAO will so indicate; if multiple processes may apply, the CAO will notify the parties as to the appropriate procedure.
9.3.5
Appeals properly filed under this Faculty Appeal Process shall be reviewed and resolved in writing by the administrator to whom the appeal is properly directed, using any level of investigation and review that the administrator deems appropriate in his or her sound discretion, provided that:
9.3.5.1
the following additional procedures will apply to any appeals from tenure and promotion decisions:
9.3.5.1.1
A faculty member who has been given notice of a recommendation by the president not to grant tenure or promotion may, within 10 business days after the appeal is transmitted to the president or designee for resolution, request a hearing before the Faculty Appeals Committee. Such a request is made to the CAO who affirms the conditions in Chapter 9.3.4 above are met.
9.3.5.1.2
Formulation and membership of a Faculty Appeals Committee is described in Chapter 6.2.3 of the Faculty Bylaws. Pursuant to this description, the CAO works collaboratively with the officers of the Faculty to convene a Faculty Appeals Committee.
9.3.5.1.3
The hearing is limited to consideration of matters related to the grounds for appeal outlined in Chapter 9.3.2 above.
9.3.5.1.4
The written recommendation of the Faculty Appeals Committee will be forwarded to the president or designee within 30 calendar days after the faculty member requests a Faculty Appeals Committee hearing, unless the president or designee extends this timeline for good cause.
9.3.5.2
the following additional procedures will apply to any appeals from decisions to terminate consequent to financial exigency or program/department discontinuance:
9.3.5.2.1
A faculty member who has been given notice of an intention to terminate his/her appointment on the grounds of financial exigency or program/department discontinuance may, within 10 business days after the appeal is transmitted to the president or designee for resolution, request a hearing before the Faculty Appeals Committee. Such a request is made to the CAO who, after affirming the conditions in Chapter 9.3.4 above, works collaboratively with the faculty chair, vice chair and chairs of the standing committees to convene a Faculty Appeals Committee.
9.3.5.2.2
The hearing may include, but is not limited to consideration of the following:
9.3.5.2.2.1
The validity of the educational judgments and the criteria for identification for termination of the particular faculty member (provided that the final determinations of financial exigency or program/department discontinuance by the Board of Trustees may not be challenged);
9.3.5.2.2.2
Determining whether the criteria are being applied properly in the individual case;
9.3.5.2.2.3
A request for the committee to recommend to the University administrator deciding the appeal the placement of the faculty member in another suitable instructional position.
9.3.5.2.2.4
The Faculty Appeals Committee may also consider the University’s compliance with the procedures set forth in Chapters 8.3.1.2 or 8.3.1.3 above in reviewing the faculty member’s appeal.
9.3.5.2.3
The written recommendation of the Faculty Appeals Committee will be forwarded to the president or designee within 30 calendar days after the faculty member requests a Faculty Appeals Committee hearing, unless the president or designee extends this timeline for good cause.
9.3.6
If an appeal of a non-renewal or a termination under Chapters 8.3.1.2 or 8.3.1.3 respectively is sustained as a result of this Faculty Appeal Process, the administrator resolving the appeal, being the final decision maker in the matter, may remand the matter to a prior committee or decision maker for further proceedings or may reverse the decision in question and take other appropriate action. If an appeal involves a tenure or promotion decision, the final resolution of the appeal shall be a written resolution on appeal by the president, which will be provided by the president to the Board of Trustees with other prior recommendations and materials regarding the decision in question, including but not limited to the recommendation of the Faculty Appeals Committee. The Board of Trustees shall make a final decision regarding the matter in question, considering not only the prior recommendations but also the president’s resolution on appeal.
9.3.7
Nothing in this Faculty Appeal Process precludes a faculty member from pursuing other available remedies outside the University.
9.4
Faculty Dismissal Appeal Process
9.4.1
The following Faculty Dismissal Appeal Process applies where, after investigation and discussion with the faculty member, the CAO or designee provides notice of dismissal for cause to the faculty member pursuant to the provisions of Chapter 8.4.4 above. This Faculty Dismissal Appeal Process is intended to promote due process and an efficient resolution of challenges to dismissal from faculty employment, including challenges by tenured faculty. While it is intended for appeals under this process to be resolved as expeditiously as possible, the ultimate goal is a fair and thorough resolution; as such, the time limitations set forth in this Process may be extended by the CAO or designee for good cause and by written notice to the faculty member and other parties.
9.4.2
Steps in Faculty Dismissal Appeal Process
9.4.2.1
Step One: Initial Consideration by Faculty Appeals Committee
9.4.2.1.1
The faculty member (hereinafter “appellant”) shall, within ten calendar days of receiving the written notification of dismissal, submit a written statement of the appeal to the CAO or designee. The CAO will work collaboratively with the faculty chair, and vice chair and chairs of the standing committees to convene a Faculty Appeals Committee. The statement shall identify the faculty member bringing the appeal, a concise statement of the grounds for appeal from the dismissal, and the specific relief sought.
9.4.2.1.2
Appeals from dismissal for cause may only be made on one or more of the following grounds:
9.4.2.1.2.1
That the University violated applicable procedures or the Faculty Handbook standards set forth in Chapter 8.4.4 in a significant manner;
9.4.2.1.2.2
That the University violated its anti-discrimination, harassment, or retaliation policies;
9.4.2.1.2.3
That the University violated the academic freedom rights of the appellant;
9.4.2.1.2.4
That the sanction of dismissal is disproportionate to the conduct substantiated.
9.4.2.1.3
The Faculty Appeals Committee will review the allegations, which may involve meeting with the faculty member, CAO, academic Dean, and any other University representatives involved in investigating and determining appropriate discipline in this or prior matters involving the faculty member, or others whom the Committee deems to have relevant knowledge. The Committee may also review University documentation regarding the matter as provided by the CAO or designee. This is an academic review process, not an evidentiary hearing, and counsel shall not represent either party in any such meetings unless otherwise permitted by University policy. The Committee process must be completed within 30 calendar days after the appeal is filed with the CAO or designee. The committee will provide a written recommendation directed to the appellant and to the CAO or designee.
9.4.2.2
Step Two: Review of Recommendation by CAO or Designee
9.4.2.2.1
The CAO, or his/her designee, review the Faculty Appeals Committee’s written recommendation and meet with the faculty member within ten (10) calendar days of receipt of the recommendation, both to gather any additional information deemed relevant and also to explore, in the University’s discretion, whether a mutually agreeable resolution may be reached with the faculty member.
9.4.2.2.2
Based upon the recommendation and meeting, as well as any other information deemed relevant, and if no resolution is reached, the CAO or designee will make a determination whether to reconsider or modify the dismissal decision and will communicate this determination to the faculty member, as well as the Faculty Appeals Committee, in writing within 21 calendar days after receipt of the recommendation.
9.4.2.3
Step Three: Final Appeal to the President or Designee
9.4.2.3.1
If the faculty member is not satisfied with the CAO or designee’s resolution of the appeal, the faculty member may, within 10 calendar days of receiving the CAO or designees’ resolution, file a final appeal with the president of the University or the president’s designee.
9.4.2.3.2
The president will consider and resolve this appeal in writing and this decision is final.
9.4.3
During the course of a Faculty Dismissal Appeal Process, the CAO or president (or their designees) may extend the timelines set forth in this Process for good cause. If at any time during a Faculty Dismissal Appeal the faculty member decides not to pursue further appeal, the CAO or designee shall confirm the decision, which shall be final as of the time the faculty member elects not to appeal.
9.4.4
Nothing in this Faculty Dismissal Appeal Process precludes a faculty member from pursuing other available remedies outside the University.
|
