Grievance Procedures: Faculty

Jurisdiction
Faculty Association By-laws, as amended and approved March 15, 2005, establish the Faculty Affairs Committee and charge it with the responsibility as a Grievance Committee in the manner outlined in the Edgewood College Regulations on Academic Freedom and Tenure.

The Edgewood College Regulations on Academic Freedom and Tenure direct the Faculty Affairs Committee to receive petitions from faculty members who feel that they have cause for grievance, including such matters as salaries, assignment of teaching duties, assignment of space or other facilities, and propriety of conduct. Procedures for these cases are outlined below. Faculty Affairs is also directed to consider petitions in cases of dismissal proceedings, including termination of a tenured appointment or of a non-tenured or special appointment. For these procedures, refer to the regulations on Academic Freedom and Tenure in the Faculty Handbook (Termination of Appointment). In all cases, the Faculty Affairs Committee has a right to determine whether or not the faculty member’s petition and supporting evidence merit Formal Inquiry. Grievances related to sexual harassment will be referred to the Human Resource Department, in accordance with the procedures as set out in the Sexual Misconduct Policy.\
Membership
1. For ordinary appeals the Grievance Committee will consist of the elected members of the Faculty Affairs Committee.
2. In the special case of appeals concerning the non-renewal of probationary appointments, the Grievance Committee will have five members and will consist of the tenured elected members of the Faculty Affairs Committee together with such other tenured faculty members as are needed and are selected by the Faculty Affairs Committee.
Procedures
1. Initiation of Grievance
  1. In the absence of extenuating circumstances, such as when the incident that is the basis of the complaint becomes known to the grievant sometime after its occurrence, initiation of a grievance must be received by the Vice President of Academic Affairs (VPAA) office not later than 20 working days after the grievant’s receipt of the decision which is being appealed, or the occurrence of an action which is the source of the complaint. Notice of the initiation of a grievance shall also be given by the grievant to the Chair of Faculty Affairs. If the grievance is not filed within this timeframe the decision or action is not grievable. (Rationale for these additions: an incident that precipitates a grievance may have taken place in the past, without the grievant’s knowledge; notice to the Chair of Faculty Affairs assures that deliberations on the case will begin in a timely fashion).
    1. [For purposes of this entire document, the phrase “working days” shall be defined as Mondays through Fridays which are not designated as holidays by the College.]
  2. The grievant has the burden of proof. He/she shall be given 10 working days after filing the grievance with the VPAA to submit in writing to the chairperson of the Faculty Affairs Committee, or other designated agent, additional information regarding the appeal including the following information:
    1. The nature of the grievance;
    2. Against whom the grievance is directed;
    3. Documentation that usual and customary procedures for the resolution of disputes have been attempted and were unsuccessful;
    4. Any factual data, other than hearsay, which the petitioner deems appropriate;
    5. A suggestion as to what might constitute appropriate resolution of the grievance.
2. Guidelines for Acceptance of a Grievance
  1. The Grievance Committee will have 10 working days after the receipt of the information specified in Article III. A. 2. to determine by consensus if possible, or by majority vote if consensus cannot be reached, whether the grievance has been accepted and an inquiry is warranted. (Rationale: Faculty Affairs feels that a general principle to be reflected in this document is that while consensus is optimal, the various positions making up majority and minority points of view need to be reflected in all decisions.)
  2. The guidelines for accepting a grievance of a school/departmental or administrative decision require evidence of:
    1. Substantial and relevant circumstances not considered in the original decision or action; or
    2. Violation of written procedures, the absence of adequate procedures, or the presence of conflicting procedures; or
    3. Discriminatory action, including either disparate treatment of individuals or evidence that the decision would result in a disparate impact upon individuals protected under federal, state or local legislation.
  3. The guideline for accepting a grievance involving propriety of conduct requires evidence that such conduct has the purpose of substantially interfering with an individual’s academic or professional performance or the impact of creating an intimidating, hostile or demeaning educational or employment environment.
  4. The Committee will inform the parties as to whether the grievance has been accepted and an inquiry is warranted.
3. Preliminary Inquiry
  1. If the grievance is accepted, the Grievance Committee may conduct a preliminary inquiry and request and review additional evidence in order to determine whether the complaint merits Formal Inquiry. If conducted, this preliminary inquiry should normally be completed not later than 10 working days after the acceptance by the Grievance Committee of the grievance; this time period may be extended under special circumstances. Evidence requested by the Grievance Committee must be received from the parties to the grievance within 5 working days of notification.
  2. After conducting the preliminary inquiry, the Grievance Committee may, based on information provided by the petitioner and any additional details uncovered, decide by majority vote that the petition warrants a Formal Inquiry.
  3. The Grievance Committee may also, at its discretion or upon request and agreement of the involved parties, recommend mediation without initiating a Formal Inquiry. Proceeding with mediation does not prejudice the case against a later formal grievance inquiry, which may be used where mediation is unsuccessful.
  4. In the event that a preliminary inquiry is conducted, all parties will be notified and upon completion of the inquiry the Grievance Committee will provide a written report of its findings and recommended actions to the parties.
  5. In cases of conflict of interest, including but not limited to membership in grievant’s department, members of Faculty Affairs will rescue themselves from Grievance Committee service.
4. Formal Inquiry
  1. If the Grievance Committee determines that the complaint merits Formal Inquiry, the Committee will notify the person or persons against whom the grievance is directed in writing. The Committee will schedule a hearing to be conducted within 20 days after notification to the grievant that a Formal Inquiry will be conducted, unless all parties agree in writing to an extension. The purpose of the hearing is for the Committee to hear the charge; examine the facts of the case as presented by the petitioner, the parties concerned, and any witnesses, and determine further action. (Rationale for change: clarification of procedure.)
  2. In preparation for the hearing the Grievance Committee will gather any further information and evidence it deems relevant, including hearsay testimony, and give it whatever weight it concludes is appropriate. Under normal circumstances, any evidence to be considered by the Committee must be submitted by the parties to the grievance no later than 5 working days before the hearing.
5. Hearing Procedures
  1. The hearing is a committee-directed process designed to assist the Grievance
    Committee in fulfilling its charge to conduct an investigation. As such the Committee will first question the parties and then any witnesses who are going to appear. The hearing is not a legal proceeding and rules of evidence and procedure observed by the courts do not apply. Parties to the grievance are entitled to be accompanied by one person serving as legal counsel, who may provide advice to the party of the grievance, but may not participate in the proceedings. Any questions that the parties have of each other or the witnesses must be directed to the chair and the Committee will determine whether the questions are relevant and should be presented. Questions must be submitted in written form either before the hearing or during the hearing. If the Committee has doubts about the relevance of a question it will give the party an opportunity to explain why the question and information desired is important for this Committee to consider.
  2. Both parties will be allowed a set amount of time to present opening remarks prior to the Grievance Committee beginning its inquiry of the parties and the witnesses. At the conclusion of the inquiry phase both parties will be given a set amount of time to give closing remarks.
  3. Witness statements may, when necessary, be taken outside the hearing and reported to it where unusual and urgent reasons move the Grievance Committee to withhold the right to question directly all witnesses, such as the involvement of student witnesses, or where the witness cannot or chooses not to appear. The identity of the witness, as well as the statements of the witness, should nevertheless be disclosed to the parties involved. If the parties desire to make statements about a particular witness’s testimony or believes that there is a critical and relevant follow up question, then the Committee may follow up with the witness and will share the information with the parties. The parties can make statements regarding the credibility and weight of the witness interviews and the Committee can give statements whatever weight it deems appropriate.
  4. The Grievance Committee shall offer to keep a tape of its hearings, and shall allow supervised access to the tape by the parties to the grievance. A transcript of the tape will not be prepared except on request of one of the parties who shall bear the cost of the transcript.
  5. The Grievance Committee may schedule further meetings with the petitioner and the party or parties to the grievance, either separately or together.
  6. In the absence of extenuating circumstances, the Formal Inquiry, including the hearing, shall be expected to be completed no later than 10 working days from the date of the commencement of the Formal Inquiry hearing.
6. Formal Inquiry Report
  1. At the completion of the hearing the Grievance Committee will provide a Proposed Formal Inquiry Report including its findings and recommended actions to the parties. The Grievance Committee shall attempt to reach consensus in their deliberations. If consensus cannot be reached, the Committee’s decision should reflect majority and minority opinions. (Rationale: Faculty Affairs feels that a general principle to be reflected in this document is that while consensus is optimal, the various positions making up the majority and minority points of view need to be reflected in all decisions.). The Committee report may:
    1. Conclude that no case of substance exists and take no further action on the case. In cases the petitioner should receive assistance in identifying alternative channels for methods for a resolution of the grievance
      OR
    2. Conclude that a case of substance exists and present its findings and recommendations for further action in the Proposed Formal Inquiry Report. (Rationale: clarification; “Preliminary Inquiry” appears earlier in the document.)
  2. The Proposed Formal Inquiry Report is due no later than five working days after the Grievance Committee reaches a decision. Ordinarily, each party shall have an opportunity to respond to the report in writing within five working days.
  3. The Grievance Committee shall review the parties’ responses and prepare any changes approved by a majority vote of the committee. A copy of its Final Formal Inquiry Report shall be forwarded to the appropriate administrative officer(s) and to the parties to the grievance not later than five working days after the parties concerned have had an opportunity to respond to the Proposed Formal Inquiry Report. A majority and minority opinion may be reported. Forwarding its findings and recommendations ends the Committee’s participation in the dispute.
  4. In the event that the appropriate administrative officer is also one of the parties to the grievance, copies of the reports will be sent to the next higher level of administration who is not a party to the grievance.
7. Appeal Procedures
  1. If any party is dissatisfied with the action taken, an appeal may be made in writing. Directly to the President of the College within 10 working days of the date of receipt of the Formal Inquiry Report. (Rationale: clarification)
  2. Absent extenuating circumstances, the President will respond to the appeal no later than 10 working days of the receipt of the appeal.
Rights of the Parties
1. During the procedures, the party or parties named in the petition have the following rights:
  1. To be informed in writing of the specific grievance at the time of his or her notification to appear before the Grievance Committee.
  2. To be informed of the rights here listed.
  3. To have the counsel of his or her choice, who may be consulted by that party during the meeting, but may not participate.
  4. To know, in the event of Formal Inquiry, the name of his or her accuser(s) and, upon request, to hear the testimony of both petitioner and witness(es) and to question them following Grievance Committee guidelines, except as otherwise provided in III, E, 3.
  5. To present and/or request relevant evidence on his or her own behalf
  6. To make any relevant statements or ask any relevant questions during his or her appearance before the Grievance Committee.
  7. To express his or her wishes to the Grievance Committee concerning release of information by the Committee chairperson concerning the case. However, the petitioner by commencing this appeals process agrees to allow the Grievance Committee to have access to any and all pertinent records held by the College or any of its employees including but not limited to materials in the individuals’ personnel file, evaluations and department minutes. The petitioner waives their rights to object to such disclosure to member of the Committee. Further, the petitioner grants permission to members of the Committee to solicit oral or written statements from those people whom the Committee believes may possess information that could be relevant to the matter being grieved.
  8. To receive a written decision from the Grievance Committee.
  9. To appeal the decision.
  10. To have the proceedings remain confidential.
2. The petitioner has all of the same rights, with the exception of the first listed above, and further has the right to be protected from the possibility of reprisal during and after this process